Legal Opinion · Dissent

Youmans v. Ramos

Massachusetts Supreme Judicial Court

Decided June 22, 1999Published

1DissentLynch, J.

(dissenting, with whom Fried, J., joins). The court *788today decides that a Probate and Family Court judge has the authority to order visitation privileges to a child’s aunt, over the objection of her biological father, who has custody, if the judge determines that it is in the child’s best interest. The court concedes that there is no statute in the Commonwealth authorizing an aunt or former guardian to seek visitation rights, and acknowledges that a parent has a fundamental right to raise his child without interference which “undeniably warrants deference and, absent a powerful countervailing…

2Cases cited27 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  4. Moore v. City of East ClevelandSupreme Court of the United States · 1977
  5. Quilloin v. WalcottSupreme Court of the United States · 1978

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