The presumption that a marital husband has custody of a non-biological child is valid under which constitutional privacy concept?

• A. Right to privacy is not fundamental
• B. Equal protection
• C. Fundamental right privacy
• D. Substantive due process

Answer: (C)

The main idea here is that family life and decisions about child custody are protected by a fundamental privacy interest. The law treats the private sphere of the family as a liberty that the state cannot intrude into lightly, so this privacy interest is deemed fundamental and protected through due process analysis. Because it’s a fundamental right, government actions affecting custody must meet strict scrutiny and justify any interference. That’s why the presumption about custody based on a marital relationship falls under a fundamental right to privacy in family life. While substantive due process is the mechanism that protects such fundamental rights, the key concept being tested is privacy as a fundamental liberty.