Thank you for contacting me to share your
concerns about family rights. I strongly believe in the primacy of the
parent-child bond and deeply regret hearing of cases in which that bond has
been jeopardized.
Determinations of parental rights and child
custody arrangements are made on a case-by-case basis through state court
proceedings (except in rare circumstances in which Federal law and Federal
courts might be implicated). Under this system, in accordance with the
requirements of the Constitution, we entrust the courts with responsibility to
ensure that the best interests of our children are served.
For complex historical, and Constitutional
reasons, each state makes its own laws concerning child custody matters. While
it might be more consistent to have Federal legislation similar to that which
you advocate through the Family Rights Act, there are many Constitutional
considerations which could stymie the enactment and enforcement of such
legislation by the Federal government.
Nevertheless, I recognize and appreciate the
concern that you have expressed for your children, and I assure you that I
will continue to fight on behalf of America's young people while on Capitol
Hill.
Thank you for sharing your views and concerns
with me. Please do not hesitate to contact me again if I may be of service to
you.
Sincerely,
John F. Kerry
United States Senator
