In so doing, courts would consider evidence and argument on both the future well-being of the children and the consequential effects of child placement on the parents. This article examines the joint custody presumption that has recently attracted attention as a means of satisfying the parental right. The author suggests that an alternative to a joint custody presumption is elevation of the parental claim to a compelling State interest. Rather than allowing courts to subordinate the parental right to the children's best interests, courts would be required to consider simultaneously both parental and children's rights on the same scale. A compelling State interest to promote the best interests of parents and children would encourage courts to solicit and evaluate the interests of all parties concerned, without any presumptive preference as to whose rights are paramount. 105 footnotes.