Considerations for Evaluating Bills
The National Family Law Policy Center evaluates bills in terms of sound policy and constitutionality. What the Center considers to be sound policy is that policy which moves towards our guiding principles and which moves towards greater adherence to constitutional guarantees for all fit parents and their children.
As it stands today, all 50 states have family law codes which presume parental rights are dependent upon marriage between the child’s parents. Where parents are unmarried or divorced, the parents have only those rights which the state determines they should have. This sets up two unequal classes of fit parent. More importantly, this sets up two unequal classes of children. This, of course, is profoundly unconstitutional but so firmly established in personal and institutional prejudice as to be so far unshakable.
As with most prejudices, this one causes incredible harm: the destruction of parent-child bonds and creating a sub-class of children without the benefits of a mother and father in their lives. All children deserve to have a mother and father in their lives. All children have a right to have two full and equal parents in their lives that should be protected to the full extent the constitution allows.
Beyond Slogans
The National Family Law Center works towards family law policies that take the fear, uncertainty, and despair out of the system; that remove the arbitrary power of a single government official to destroy families; that demand adjudication of rights before state action; and that restore the rule of constitutional law in family courts.
Key Evaluation Standards
On Protecting Children From Harm: The Center concurs with our federal appellate courts on the proper way to accomplish this. Our Constitution establishes rules adequate to protect children from harm caused by parents and harm caused by the state. Overzealous state action in separating children from fit parents causes profound harm to children.
On State Authority: States should always have authority to protect children from real and specific harm, provided that states act within the boundaries of constitutional guarantees.
On Exposing Children to Risk: Being exposed to calculated risks and being allowed to take calculated risks is essential to proper child development. Family law policy should afford parents wide latitude to manage the day-to-day risks their children are exposed to, rather than subjecting fit parents to the whims of popular opinion.
On Business & Economic Impact: The destruction of families wrought by unconstitutional family law creates massive ripple effects in workplace productivity, mental health crises, and economic drain. The Center promotes legislative models that preserve family stability and economic viability.