Shared parenting during a divorce.

News and Views Riverside Superior Court and San Bernardino Superior Court; National Family Law Abuse

Shared parenting, on paper, is a good concept as both parents under California law have the right to children, (and vice versa);  and the right to a parent child relationship is protected under our fourteenth amendment. Our constitution in this country guarantees that the relationship between parents and their children is accorded a protected preferential status.The fourteenth amendment substantive due process right to a protected familial parent child relationship was already recognized in IDK, Inc. v. County of Clark, 836 F.2d 1185, 1192 (9th Cir. Nev. 1988) and Carey v.Population Services International, 431 U.S. 678, 684-685 (1977), where the United States Supreme Court repeatedly teaches that there is “a right of personal privacy” which includes “family relationships,” and child rearing and education.   Our California legislature recognizes shared parenting as a mandatory right according  to CA family code section 3020  (b) which specifies :

(b) The Legislature finds and declares that it…

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