Washington Court of Appeals BY: EMILY J.

In re the Custody of: T.L., A Minor Child, Pamela J. Link v. Tia Link, No. 28919-2-III (2011) Link for opinion: http://scholar.google.com/scholar_case/case=18187818267976252582&q=child+custody+ Title: Washington Court of Appeals determines that it is unconstitutional to deny parental rights to a parent who had never been subjected to a contested custody hearing. The Court of Appeals of Washington held In re the Custody of: T.L., A Minor Child, The mother of the minor child temporarily gave up her parental rights to the minor child, T. L. to her mother, Pamela because of a struggle with substance abuse. The mother, Tia Link, appealed to the Court of Appeals that it was unconstitutional that her parental rights were threatened because she did not meet the requirements necessary of a parent who had previously lost parental rights due to a contested hearing. In December 2007 Tia Link filed a joinder to her mother Pamela’s petition for custody of her son, T.L. Tia wrote a handwritten note that explained that she would give temporary custody to her mother Pamela until she was stable. On February 19, 2008 the trial court found in favor of Tia’s mother Pamela and granted her custody of Tia’s son, T. L. The federal government of the United States and the State of Washington has recognized the fundamental rights of parents for the care and custody of their children. These rights are protected by the due process clause of the Fourteenth Amendment and the equal protection clause of both the Fourteenth Amendment and the Ninth Amendment. The Court of Appeals found no evidence that proved that Tia was an unfit parent or that her custody of T. L. would be detrimental to him. The trial court never proved that Tia was an unfit parent. Pamela did not gain custody of her grandson by a contested hearing. It was unconstitutional for the trial court to hold Tia to the high standard of proving her fitness as a parent who had previously lost a contested hearing of parental custody.