Summary
Family codes do not override due process rights under the 14th Amendment. Key cases like Troxel v. Granville and Santosky v. Kramer support this. In custody matters, courts generally presume that a fit parent knows whats best for their child. A fit parent is determined by factors like the ability to provide for the childs needs and the stability of the home environment. In Texas, as seen in IN RE GB, 2021, a grandparent cannot be a conservator over a fit parents objection unless they prove the parent is not acting in the childs best interest. The U.S. Supreme Court upholds parents fundamental rights to make decisions about their childrens care, as seen in INTEREST OF AM, 2022 and Moore v. DePasquale, 2023.Full Conversation
Okay is there any case law that supports that argument
Case law that supports the argument that family code does not supersede due process rights under the 14th Amendment includes:
- Troxel v. Granville (*): Parental rights are protected under the 14th Amendment.
- Santosky v. Kramer (*): Due process requires clear and convincing evidence before parental rights are terminated.
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"When a nonparent requests conservatorship or possession of a child, the child's best interest is embedded with the presumption that it is the fit parent—not a court—who makes the determination whether to allow that request."
- in IN RE CDC, * what does this mean
Hey! The quote from IN RE CDC, * means that when a nonparent requests conservatorship or possession of a child, the court presumes that a fit parent is the best person to make decisions regarding the child's best interest, not the court itself.
Where are you located? This can help provide more specific information.
I don't understand explain that in simpler terms
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Sure, I'll try to simplify it!
When someone who isn't a parent asks to take care of a child, the court usually believes that the child's parent knows what's best for the child, not the court.
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So is this saying that a non parent doesn't know the best interest or what
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Hey! It means that the court typically trusts the parent to know what's best for the child over a nonparent, unless proven otherwise.
Can you please share your location? This will help in providing more specific information.
Okay so a non parent can't fight for custody if the parent doesn't think its in the best interest
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While a non-parent can fight for custody, the court will generally presume that a fit parent knows what’s best for their child. To better assist you with specific guidelines and legal advice, could you please let me know your location?
how is a fit parent determined
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A fit parent is generally determined by the court based on several factors, including:
- The parent's ability to provide for the child's physical and emotional needs.
- The parent's mental and physical health.
- The parent's history of abuse or neglect, if any.
- The stability of the parent's home environment.
Do you have any specific concerns or situations regarding parental fitness?
The Texas Supreme Court's decision in CJC, however, forecloses consideration of Grandmother as a possessory conservator over a fit parent's objection unless Grandmother overcomes the presumption that Father, as a fit parent, acts in the Children's best interest.
- in IN RE GB, *
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The decision from the Texas Supreme Court in IN RE GB, * indicates that a grandparent cannot be considered as a possessory conservator over a fit parent's objection unless the grandparent can prove that the parent is not acting in the best interests of the child.
Do you have specific concerns regarding the fitness of a parent or a non-parent seeking conservatorship?
The United States Supreme Court has long held that the Constitution "protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children."
- in INTEREST OF AM, *
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Hey! The statement you provided reinforces the fundamental right of parents to make decisions about their children's care, custody, and control. This constitutional protection is a significant factor in custody disputes.
Do you have a specific situation or concern where this principle is being challenged?
—government cannot infringe fundamental parental right to make child-rearing decisions simply because judge believes better decisions could be made
- in Moore v. DePasquale, *
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Hey! It looks like you're discussing parental rights and conservatorship issues. Are you facing a situation where a non-parent is challenging your custody or parenting decisions?
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