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6 Whittier J. Child. & Fam. Advoc. 291 (2006-2007)
Stronger Rights for Parents and Some Affirmative Rights for Children - No Problem: Changing How We Look at the Family

handle is hein.journals/wjcfad6 and id is 295 raw text is: STRONGER RIGHTS FOR
PARENTS AND SOME
AFFIRMATIVE RIGHTS FOR
CHILDREN? NO PROBLEM:
CHANGING HOW WE LOOK AT
THE FAMILY
JAMES A. COSBY*
I. INTRODUCTION
Reconciling the parent-child-state relationship is an age-old
dilemma: How does the law keep the government out of the family -
but do so without completely ignoring the needs of who may often be
quite helpless children? Or, seen from a slightly different perspective:
How can the law recognize the basic well-being of children - but in
terms narrow enough so as not to undermine parental autonomy in the
home? While staying out of the personal lives of citizens and deferring
to the rights of parents is the obvious solution in the vast majority of
cases, the parent-child-state relationship presents challenges as difficult
as any that our courts face. In fact, the Supreme Court has never been
able to determine the exact metes and bounds of the individual
* B.A., 1996, University of Washington; J.D., 2000, Temple University Beasley
School of Law. The author is a staff attorney with South Jersey Legal Services, Inc., in
Atlantic City. The ideas and opinions expressed in this Article are the author's alone.
I would like to thank Dr. Roberto Schiraldi, EdD, LCADC, of Princeton University for
his invaluable input, and The Kent Bangers and the many others that have supported
me. I can be contacted at jcosby@lsnj.org with questions or comments regarding this
Article.

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