Growing Pains: The Scope of Substantive Due Process Rights of Parents of Adult Children

This Note has questioned whether a parent can bring a claim for the deprivation of a constitutionally protected interest in the companionship of her son. In arguing for a two-tiered approach to determine the scope of the parental liberty interest, this Note has provided an answer only to the first p...

Full description

Saved in:
Bibliographic Details
Published inVanderbilt law review Vol. 57; no. 5; p. 1883
Main Author Adams, Issac J K
Format Journal Article
LanguageEnglish
Published Nashville Vanderbilt Law Review 01.10.2004
Subjects
Adult children
Bill of Rights-US
Constitutional law
Court decisions
Due process of law
Families & family life
Litigation
Parental rights
Privacy
State court decisions
Traditions
Values
United States > US
Online AccessGet full text

Cover

More Information
Summary:This Note has questioned whether a parent can bring a claim for the deprivation of a constitutionally protected interest in the companionship of her son. In arguing for a two-tiered approach to determine the scope of the parental liberty interest, this Note has provided an answer only to the first prong of the question, concluding that there is a constitutionally protected parental interest in the companionship of an adult child. Under the approach advanced in this Note, the parental liberty interest alters in scope during the two phases of a child's life. During a child's minor years, the parental liberty interest contains the full constellation of rights. The scope of the parental liberty interest, however, fundamentally changes as the child matures in adulthood. Under the second tier, the parental liberty interest would extend only to the companionship and care of the adult child, provided that a companionship relationship had been developed before the occurrence of any state action that may have limited it.
ISSN:0042-2533
1942-9886