Kristen H. Fowler
J.D., 2007, Indiana University School
of Law–Bloomington; B.A., 2004, Hanover College.
Articles by this Author
Constitutional Challenges to Indiana’s Third-Party Custody Statutes
- By Kristen H. Fowler
- Published 10/4/2007
- Volume 82, Issue 2
As American families change, individuals other
than parents often fulfill traditional parenting roles. To assist these
third-party caregivers, Indiana enacted statutes which allow for third-party
custody and visitation. These statutes—though intended for good—allow the
possibility of third-party infringement on the liberty interest of parents in
the care, custody, and control of their children. This Note examines the
development of the parental liberty interest, discusses how Indiana's statutes
threaten the parental interest, and proposes solutions that would protect the
parental interest while providing third parties the ability to obtain child
custody and visitation when necessary.
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