What is “compelling state interest?” How does it apply to my personal case?
A “compelling state interest” is used to measure any fundamental right affected by governmental interference. The argument of “where is the compelling state interest,” allows federal courts in reviewing state statutes, to justify their “opinions” as to the constitutionality of a law. Guess what? Parenting is a fundamental right protected by the 5th and 14th amendments. This has been established in Troxel v. Granville, 530 U.S. 99-138 (2000), Santosky v. Kramer, 102 S Ct 1388; 455 U.S. 745 (1982) and Quilloin v. Walcott, 98 S Ct 549; 434 U.S. 246, 255 Q56 (1978), among other cases. Treating parental rights as fundamental rights requires a presumption of joint legal and joint physical care upon divorce and through litigation. Individuals arguing “where is the compelling state interest” in state court, forces the judge to list under what constitutional basis he/she has the authority to rule on child custody matters.
