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When should courts give an adult a role in raising a child? Many family-law experts say the first step is deciding who has done the real parenting. Joan Hollinger, visiting professor of law at the University of California, Berkeley, says the decision should be made on grounds not of biology but of which adults have developed "significant relationships" with a child. Then, parents should be allowed to raise their children with minimal government intrusion, unless the child is in danger. "When you have someone who's taken on the responsibility of performing as a parent, we really need to have a good reason to disrupt that," she says.
Nonparents often have sincere motives for wanting to play a role in a child's life. Many Cuban Americans believe Elian will have a better life in the U.S. Many blacks think Baby T would benefit from an African-American upbringing. The trouble is, once courts get involved, it's an invitation for interest groups and other third parties to dictate what's right for other people's children. In a 1995 case, a judge removed a deaf child from her parents, who were not deaf, and awarded custody to her school interpreter--in part because the parents had never learned sign language.
Granville hopes the Supreme Court will use her case to make clear that parents have the last word. "Everyone thinks they know what's in the best interest of a child," says Smith. "Why not let the mother decide?"