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Civil Rights and Discrimination

University of Colorado Law Review

2019

Civil rights

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The Quasi-Parent Conundrum, Michael J. Higdon Jan 2019

The Quasi-Parent Conundrum, Michael J. Higdon

University of Colorado Law Review

Although family law is very much concerned with legal parentage and its attendant rights, children are much more concerned with maintaining relationships with those who care for them, regardless of whether that person is a legal parent or someone functioning as one. What happens though if the child's legal parent attempts to banish the quasi-parent from the child's life? Doing so can be extremely damaging to the child. Nonetheless, parents do possess a constitutional right to make decisions about how to rear their children, including who may have access to the child.

Trying to strike a balance between protecting the …