How have courts treated custody rights in the context of child protection legislation?
MultiRegion, United States of America
The following excerpt is from In re Hamanaka, 53 BR 320 (Bankr. S.D.N.Y. 1985):
Gleason v. Thaw, 236 U.S. 558, 35 S.Ct. 287, 59 L.Ed. 717 (1915). In equating custody rights with property rights, plaintiff is suggesting that his children are his property, a rather primitive concept which ignores the special relationship between a parent and child. Authorities uniformly recognize that the parent-child relationship is a "status"
[53 BR 323]
and not a "property right." 67A C.J.S. Parent & Child, 2 (1978); 59 Am.Jur.2d, Parent and Child, 1, (1971).
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