Quilloin was decided in 1978, at a time when sex role stereotypes permeated every aspect of the American psyche and culture, including jurisprudence. Although some progress toward gender neutralization of custody law was being made, the maternal preference was still an explicit part of the statute and/or case law of every jurisdiction. Most people, including judges, believed that women are simply born with an instinctive desire and ability to raise children, while men are not. To the Quilloin Court, therefore, it made sense to place the burden of proof of willingness and ability to parent on fathers while at the same time giving mothers the benefit of a presumption of willingness and ability to parent.
This issue affects Unwed Biological Fathers all over the world!
Continue reading “The parental rights of unwed fathers”