Rich v. Thatcher

Opinion

YEGAN, Acting P. J.

The United States Supreme Court has said: “ ‘[T]he custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.’ ” (Troxel v. Granville (2000) 530 U.S. 57, 65-66 [147 L.Ed.2d 49, 56-57, 120 S.Ct. 2054] (plur. opn.).) As we shall explain, “first” means first. A fit parent has a federal due process constitutional right to make decisions concerning the care, custody, and control of his or her child. (530 U.S. at pp. 57, 58, 62.) This includes the right…