"Right" on. I wish more people understood this important difference. The standard of review for a dissolution is not the same as the standard for depriving one of a fundamental right. The licensed union is a privilege granted by the state. Parenting is not a privilege. The state cannot legislate away a fundamental right without compelling justification.
In this case, the justification for laws misapplied to custody proceedings are for the protection of state wards. Guardianship statutes do not regulate the right to parent.