F. v. R.

430 A.2d 1075, 1981 Del. LEXIS 311
CourtSupreme Court of Delaware
DecidedApril 29, 1981
StatusPublished
Cited by28 cases

This text of 430 A.2d 1075 (F. v. R.) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
F. v. R., 430 A.2d 1075, 1981 Del. LEXIS 311 (Del. 1981).

Opinion

430 A.2d 1075 (1981)

PETITIONER F., Petitioner Below, Appellant,
v.
RESPONDENT R., Respondent Below, Appellee.

Supreme Court of Delaware.

Submitted November 13, 1980.
Decided April 29, 1981.

Joel D. Tenenbaum (argued) and Eliot Alazraki of Woloshin & Tenenbaum, P. A., Wilmington, for petitioner below-appellant.

Alene S. Berkowitz (argued) and Garry G. Greenstein of Knecht, Greenstein, Schagrin & Berkowitz, Wilmington, for respondent below-appellee.

Before HERRMANN, C.J., DUFFY and HORSEY, JJ.

*1076 HERRMANN, Chief Justice:

In this appeal we are required to decide whether a man claiming to be the natural father has standing to petition for custody or visitation rights with regard to a child conceived and born during the marriage of the natural mother to another who claims the child as his own. The mother and her husband have jointly acknowledged parentage of the child, and oppose the petition.

I.

On December 6, 1977, the respondent ("mother") gave birth to a child. On the birth certificate, her husband ("husband") is named as the father of the child.

On December 8, 1977, the petitioner ("putative father") filed a petition in Family Court seeking custody or visitation rights with regard to the child, under 13 Del.C. §§ 721 and 727.[1] In his petition he alleged that he was the natural father of the child *1077 and that he was seeking custody of the child so that he might better provide for the needs of the child. In effect, his action was for a determination of his parentage of the child.

In response, the mother moved to dismiss the petition, alleging that, at the approximate time the child was conceived, she was married to and cohabiting with her husband; that she cohabited with her husband at the time of the birth of the child and that they continue to live together with the child and other children as a family unit; and that both she and her husband filed with the Prothonotary an affidavit, on February 13, 1978, certifying their parentage of the child.

The Family Court granted the mother's Motion to Dismiss, holding that the putative father lacked standing to file the petition for custody or visitation rights. The putative father appealed to the Superior Court, which likewise found him to be without standing. He now brings this appeal, claiming that the denial of standing deprives him of protections afforded by the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

II.

Initially, we must determine whether the Family Court and Superior Court were correct in their conclusions that the putative father lacks standing to assert his claim under the pertinent statutory law.

As has been indicated, under our Custody Statute (13 Del.C., ch. 7, Subchapter II), only a "parent" has standing to initiate a child custody proceeding under § 721 and only a "parent" denied custody is entitled to visitation privileges under § 727. The word "parent" is undefined anywhere in the Custody Statute. Since it is ambiguous in that Statute, we must interpret the word in the context of the Statute: Did the General Assembly intend to include a putative father, under the circumstances of this case, within the word "parent" as used in §§ 721 and 727?

We think it unreasonable to assume that such was the legislative intent. Unfortunately, we must construe the Statute without benefit of any record of legislative intent. Nevertheless, to assume otherwise would be to conclude that the General Assembly intended to open the door to the invasion of continuing family stability by any man, whatever his motive, who may choose to claim an illicit paternity, thereby not only endangering that stability but also refuting the time-honored presumption of legitimacy of a child born during wedlock. See 10 Am.Jur.2d, "Bastards" § 11 (1963).[2] Any such assumption of legislative intent would be incredible on its face; it is also contrary to the governmental interest of insulating a continuing marital and family relationship from the potentially ruinous effects of an outsider's claim to parentage of a child born ostensibly within wedlock.

The putative father here makes no distinction between biological parenthood and legal parenthood; he asserts that his claim of biological parenthood suffices to afford him standing to adjudicate that parenthood and to seek custody or visitation. We find this contention unacceptable. We hold that the word "parent," as used in § 721 and § 727, means a person standing in the legal relationship of parent to the child, i. e., one who is charged with the legal duties and responsibilities of parenthood and who is entitled to all the rights thereof. In the case of a married woman who bears a child, *1078 her husband is the legal father and parent, under the presumption of legitimacy, carrying the duties and responsibilities and entitled to the rights of parenthood. It is in that legal sense, we conclude, that the word "parent" is used in §§ 721 and 727. The General Assembly has demonstrated throughout the Statutes governing parents and children its distinction between a "parent" in the ordinary sense of the word, and a "natural father," a status which required an explicit definition. See 13 Del.C. § 901 and § 1101.[3] It may be reasonably assumed that the General Assembly could and would have made that distinction in the drafting of §§ 721 and 727 if it had intended to do so.

We conclude that the putative father has no standing, under §§ 721 and 727 and the facts and circumstances of this case, to seek custody or visitation.

III.

Our conclusion presents the constitutional issues raised by the putative father.

A.

He asserts that he is constitutionally entitled to a hearing on the issue of his paternity because the right of a natural father to custody of his children is a substantial liberty interest protected by the Due Process Clause. In support of this proposition, he relies solely upon Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972).

Stanley involved an Illinois statute which, upon the death of an unwed mother, made her children wards of the state, conclusively presuming the unfitness of the father and denying him any right to be heard. Stanley, the acknowledged unwed father, had lived intermittently with his illegitimate children and their mother for eighteen years. When the mother died, the children were taken from his custody to become wards of the state, without any determination that he was an unfit parent. The United States Supreme Court struck down the statutory presumption and held that due process guaranteed Stanley a hearing on his fitness, stating: "The private interest here, that of a man in the children he has sired and raised, undeniably warrants deference and, absent a powerful countervailing interest, protection." 405 U.S. at 651, 92 S.Ct. at 1212, 31 L.Ed.2d at 558. Acknowledging that the state had a legitimate interest in protecting the children's welfare, the Court in Stanley nevertheless found this interest outweighed by the "cognizable and substantial" interest of Stanley in maintaining a parental relationship with his children.[4]Id. at 652, 92 S.Ct. at 1213, 31 L.Ed.2d at 559.

In the present case, the putative father contends that Stanley affords due process protection to unwed fathers and that, consequently, he is entitled to an adjudication of his claim of parentage here. Stanley

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430 A.2d 1075, 1981 Del. LEXIS 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/f-v-r-del-1981.