Fit parents’ custody rights
McCarthy v. Lombard
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Brian M. McCarthy argues that Massachusetts may not limit a fit parent’s child-related decision-making and independent constitutional rights through a “best interests” test without finding unfitness or serious harm.
- What's at stake
- The unresolved dispute concerns whether Massachusetts may limit McCarthy's child-related decision-making without finding him unfit or finding serious harm.
Summary: written with AI from the case record.
What it's about
His petition asks the Supreme Court to review a case involving Marcie E. Lombard.
The case comes from the Appeals Court of Massachusetts and concerns a parent's challenge to limits on child-related decision-making.
Question presented
Whether the Fourteenth Amendment permits a State to diminish the fundamental rights of a concededly fit parent — including the removal of decision-making authority over the child and the restriction of independent constitutional rights—through discretionary “ best interests ” balancing that applies a moral, emotional, or logistical audit not required of fit parents in intact families, or whether such interference is constitutionally permissible only upon a defined and objectively applied finding of unfitness or serious harm, consistent with this Nation ’ s history and tradition.
What happens next
The Court must decide whether to hear the case. No argument or decision date is set.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
More questions
- What is McCarthy asking the Court to decide?
- He asks whether the Fourteenth Amendment allows a state to limit a fit parent's child-related and independent constitutional rights through a "best interests" test without finding unfitness or serious harm.
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.