In the 1981 case of Lehman v. Lycoming County Children's Services Agency, the U.S Supreme Court ruled that a parent does not have an absolute constitutional right to custody of their children. The court upheld Pennsylvania law which allowed for termination of parental rights if it was in the best interest of the child and there were clear grounds such as neglect or incapacity. In this case, Mrs. Lehman had voluntarily placed her three sons into foster care due to financial hardship but later sought to regain custody after she remarried and improved her situation. However, by then, two boys had been with their foster parents for six years and did not want to return home while one boy wanted reunification but his behavior worsened when visits increased with his mother leading authorities to recommend against it.

In the dissenting opinion for Lehman v. Lycoming County Children's Services Agency, Justice Brennan argued that the majority had failed to adequately consider the constitutional rights of biological parents in termination proceedings. He contended that a "clear and convincing" standard should be applied when determining whether parental rights should be terminated, rather than just a "preponderance of evidence." This higher standard would better protect parents from erroneous decisions based on unreliable or insufficient evidence. Furthermore, he criticized the majority for not requiring explicit findings by trial courts regarding efforts made to encourage and strengthen parental relationships before terminating parental rights. In his view, this lack of requirement could lead to premature severance of parent-child relationships without sufficient attempts at reunification.