The Evolution of the Legal Ramifications of Parentage: AN OVERVIEW

Equal Rights of Nonmarital Children Under common law, an illegitimate child was deemed filius nullius-the child of no one. [...]the 1960s, the majority of state laws defined "parent" as encompassing both the mother and father of a child born during marriage, but the definition included only the mother of a child born outside of marriage. When parents divorce, these rights and duties are allocated between the parents, with one parent often having certain rights and duties to the complete exclusion of the other parent. [...]the rights and duties are not necessarily given exclusively to biological parents, as the law recognizes that grandparents, stepparents, and in some states, de facto parents, often are the primary caretakers of children and may therefore be granted the legal rights of parents. * Right to Care, Custody, and Control The Supreme Court has held that parents have a constitutionally protected right, derived from the Fifth and Fourteenth Amendments, to make decisions concerning their child's companionship, care, custody, and control. [...]parents have the right to autonomously raise their children, and courts must presume that they act in their children's best interest. * Visitation Rights Parents' visitation rights are inherent in parental status, and the right of a parent to visit with his or her children is recognized by statute in every state. [...]most intestate statues across the country recognize that parents are the heirs of their adult child who passes away without a will, is not married, and does not have children. * Right to Educational Information Access to educational information and records is governed by the Family Educational Rights and Privacy Act of 1974 (FERPA), commonly known as "the Buckley Amendment."