Parental Rights in Virginia

Virginia Parental Rights News

Action Needed to Preserve Parental Rights in Virginia

January 22, 2020

Virginia HB 580, which would insert troubling language into the state’s child abuse provision, is scheduled for a hearing before the Social Services Sub-Sommittee of the House Health, Welfare, and Institutions Committee on Thursday, January 23 (tomorrow!) UPDATE January 23, 2020: The Sub-committee did not get to HB 580 today. We will watch for the…

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Virginia State Law and Parental Rights

Protected

We did it! Thanks in part to your support, Virginia passed a statute in 2013 to protect the role of parents. Virginia law Section 1-240.1 provides:

A parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent's child.

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Virginia Courts and Parental Rights

Affirmed, and Protected Under Statute

L.F. v. Breit, 736 SE 2d 711 - Va: Supreme Court (2013):

"The relationship between a parent and child is a constitutionally protected liberty interest under the Due Process Clause of the Fourteenth Amendment.7 Troxel v. Granville, 530 U.S. 57, 65 (2000); Wyatt v. McDermott, 283 Va. 685, 692, 725 S.E.2d 555, 558 (2012) (“We recognize the essential value of protecting a parent's right to form a relationship with his or her child.”); Copeland, 282 Va. at 198, 715 S.E.2d at 19. Indeed, the Supreme Court of the United States has characterized a parent's right to raise his or her child as “perhaps the oldest of the fundamental liberty interests recognized by this Court.” Troxel, 530 U.S. at 65. Any statute that seeks to interfere with a parent's fundamental rights survives constitutional scrutiny only if it is narrowly tailored to serve a compelling state interest. McCabe v. Commonwealth, 274 Va. 558, 563, 650 S.E.2d 508, 510 (2007); see also Washington v. Glucksberg, 521 U.S. 702, 721 (1997)."