The Supreme Court reluctantly admitted that inalienable rights can be taken away by due process. This was evident in the case of the inalienable right to life vs the case of the death row penalty. Stating there was a time to end a life. The inalienable right to life argument was also unsuccessfully used in Roe vs Wade being that they judged life begins outside of the womb.
What that means to us…
Although a parents rights are “natural” and inalienable, the Supreme Court will always say “due process” can take your custody away. Even if you are not found “unfit”. And since Family court is a court of equity (no jury), due process will always be according to the family court judge that is presiding over your case.
While trying to come up with a legal argument regarding parents inalienable rights, I have fallen short due to the constitution’s lack of acknowledging any natural, God-given rights of the parent and the low accountability (oversight) of a judge. The judges will always use the “best interest of the child” standards to justify their decision and the appellate courts will accept these statues as evidence.
The truth of the matter is, there are some inalienable rights that can not be touched by the government and some that can. Liberty is one of those rights that cross over (imprisonment for breaking laws). We must always go through Scripture to know the difference.
So, where do Parental rights fall? Scriptually, the mother always gets full custody of a child if she had that child out of wedlock. Nevertheless, custody always stayed with the father after a divorce. He was the only one who could initiate a divorce according to Scripture and all authority remained with him (Gen. 3:16). The writ of divorcement (Deut. 24:1) said a man puts his wife out of the home, not the children.
Custody cannot be taken away from what was already established as inalienable by God.
The only way a parent who has authority over their child could give away their children was through adoption. But the Bible shows adoption is a voluntary action, otherwise this is called Governmental seizure. If the Government goes against your God-given right as parents, the Declaration of Independence would say you have rights outside of anyone interference to take your children back by the same measures they used against Great Britain.
Let’s go get our kids, parents!
I hope this helps!