Relating to fundamental parental rights

This bill establishes fundamental rights of parents relating to the upbringing, rearing, associations, care, education, custody, and control of a parent’s child with which state action shall not infringe or interfere without meeting the strict scrutiny level of judicial review. The bill provides that divorce or marital status shall not diminish the fundamental right, render a parent unfit, or establish a compelling state interest. A parent is presumed to be a fit parent, and the presumption may be overcome only by clear and convincing evidence. The bill also provides that it is presumed that the actions of a fit parent are in the best interests of the parent’s child; the presumption may be overcome only by clear and convincing evidence; and state action to determine the best interests of the child shall not be taken until the state overcomes such presumption.