Skip to main content

Parents' custody rights

Bajkowski v. Superior Court of California

Updated Nov 12, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Richard Bajkowski has asked the Supreme Court to review California family-court orders that, he argues, substantially and indefinitely reduced his share of physical custody based only on the child’s best interests, without finding him unfit or considering options that interfere less with his parental rights.
What's at stake
The Supreme Court has not ruled on whether the Constitution requires safeguards in Bajkowski’s custody dispute.

Summary: written with AI from the case record.

What it's about

He argues the Fourteenth Amendment requires stronger review before such a change.

Bajkowski says the California family-court orders substantially and indefinitely reduced his physical-custody share based on the child’s best interests, without finding him unfit or considering less restrictive options.

Bajkowski’s petition invokes the Fourteenth Amendment’s protection of a fit parent’s liberty interest in caring for and having custody of a child.

Question presented

1. Whether the Fourteenth Amendment requires family courts to apply heightened constitutional scrutiny and explore less-restrictive alternatives before substantially and indefinitely reducing a fit parent’s physical-custody allocation. 2. Whether a generalized “best interests of the child” inquiry is constitutionally sufficient to override a parent’s fundamental liberty interest in physical custody absent a threshold finding of unfitness.

What happens next

The next step is for the Court to decide whether to hear the case. Oral argument and a decision date are not scheduled before the Court agrees to review it.

Documents

1

Docket activity

5
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Brief added: Petition

    Oct 6, 2026 · Court records

More questions

1
What questions does Bajkowski want the Court to answer?
He asks whether courts must use stricter constitutional review and consider less restrictive options before greatly and indefinitely reducing a fit parent’s custody time, and whether a general “best interests of the child” test can override that parent’s rights without finding the parent unfit.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings

Reporting and analysis