Kelly Georgene Routten v. John Tyler Routten

The Due Process Claus forbids States from removing a minor child from a parent’s custody without a hearing on that parent’s fitness. Stanley v. Illinois, 405 U.S. 645, 658 (1972) (“all [] parents are constitutionally entitled to a hearing on their fitness before their children are removed from their custody”). The North Carolina Supreme Court held, in conflict with twenty-eight other state courts of last resort, that no finding of unfitness is required because this “right is irrelevant in a custody proceeding between two natural parents.” Routten v. Routten, 372 N.C. 571, 577, 843 S.E.2d 154, 159 (2020). The question presented is: 1. Does due process require a finding that a parent is unfit before a State denies that parent all visitation with their child?