Legal Opinion

Grant v. Grant

Supreme Court of Delaware

Decided November 7, 2017No. 80, 2017PublishedCited by 2 opinions

1Opinion of the Court

VALIHURA, Justice:

The Fourteenth Amendment of the United States Constitution contains “a substantive due process component” that protects “certain fundamental rights and liberty interests.” 1 One of these fundamental liberty interests is the liberty interest of parents to make decisions concerning the care, custody, and control of their children. 2 The United States Supreme Court has stated that this interest “is perhaps the oldest of the fundamental liberty interests recognized” by the Court. 3 However, this interest is not absolute. Under certain state statutes, third parties may petition…

2Cases cited7 opinions

  1. Troxel v. GranvilleSupreme Court of the United States · 2000
  2. Meyer v. NebraskaSupreme Court of the United States · 1923
  3. Levitt v. BouvierSupreme Court of Delaware · 1972
  4. Hudak v. ProcekSupreme Court of Delaware · 2002
  5. Glanden v. QuirkSupreme Court of Delaware · 2015

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3Cited by2 opinions

  1. Jarvis v. Mole and BandSupreme Court of Delaware · 2020
  2. Reed v. ChavezSupreme Court of Delaware · 2021

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