The Other Side

In 1972, an unwed father of three, living with the mother of his three children, was declared unfit when the mother passed away. Because he was not married to the mother when she died, Illinois automatically declared him unfit, the children were declared wards of the state and placed in guardianship. Here is the holding of the court decision that followed the case brought against Illinois by the father:

1. Under the Due Process Clause of the Fourteenth Amendment petitioner was entitled to a hearing on his fitness as a parent before his children were taken from him. Pp. 405 U. S. 647-658.
(a) The fact that petitioner can apply for adoption or for custody and control of his children does not bar his attack on the dependency proceeding. Pp. 405 U. S. 647-649.
(b) The State cannot, consistently with due process requirements, merely presume that unmarried fathers in general, and petitioner, in particular, are unsuitable and neglectful parents. Parental unfitness must be established on the basis of individualized proof. See Bell v. Burson, 402 U. S. 535. Pp. 405 U. S. 649-658.
2. The denial to unwed fathers of the hearing on fitness accorded to all other parents whose custody of their children is challenged by the State constitutes a denial of equal protection of the laws. P. 405 U. S. 658.

In my opinion, if the father wants a life with his children he should have that option too. The damage caused to these poor children after losing their mom and then their dad is irreversible. Fathers need rights as much as the mothers do.