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Are You My Mother - Missouri Denies Custodial Rights To Same-Sex Parent, Emmalee M. Miller
Are You My Mother - Missouri Denies Custodial Rights To Same-Sex Parent, Emmalee M. Miller
Missouri Law Review
This Note argues that Missouri should adopt a doctrine of alternative parentage that expands the definition of "parent" to include those in same-sex relationships who are not the biological or adoptive parents.' 0 In Part II, this Note analyzes the facts and holding of White. Next, in Part 111, this Note explores the Uniform Parentage Act and introduces the nontraditional forms of standing created by courts to allow third parties to obtain custody rights. Then, Part IV examines the court's rationale in White. Lastly, Part V explores why the court erred in its decision and why courts should recognize alternative …
Fundamental, But Not Fundamental Enough: Missouri's Balancing Test In The Area Of Parental Rights, Nichole Walsch
Fundamental, But Not Fundamental Enough: Missouri's Balancing Test In The Area Of Parental Rights, Nichole Walsch
Missouri Law Review
In Weigand, the petitioner argued that the statute infringed on his due process and equal protection rights to the care, custody and control of his child and that it violated the open courts provision of the Missouri Constitution. This Note argues that the "balancing-of-interests" test applied by the Supreme Court of Missouri does not give parental rights the heightened scrutiny they deserve. In addition, the balancing test is problematic because it is extremely subjective and leaves the decision of constitutionality entirely up to judicial discretion. This Note also suggests that the court failed to give full weight to the procedural …