Constitutional Limits on the Best Interest of the Child Standard: Under the Fourteenth Amendment Due Process Clause, a fit parent's decisions regarding child custody and upbringing are conclusively presumed to serve the child's best interests (Troxel v. Granville, 530 U.S. 57). Trial judges possess no subject-matter jurisdiction to replace a fit parent's judgment with subjective judicial discretion absent an affirmative evidentiary finding of parental unfitness proven by clear and convincing evidence (Santosky v. Kramer).
Senator Campbell just filed a Bill yesterday that has the 
potential to put an end to the abuses created by "best interest of the child" standards. SB 816 can be looked at here.
Senator Campbell had the foresight to know that just having equal parenting bills was not going to be enough. SB 816 is a welcome answer and companion to House Representative White's HB 453 Equal Parenting Bill.
Make sure you thank Senator Campbell for her assistance in helping families get equal parenting.
There will need to be some adjustments with the language in this Bill, as there usually is with most Bills. But this one too is a huge step in the right direction and we are very excited about this one!
Register to be sent alerts on SB 816 here through the Texas Legislative alert website.
See what The National Family Law Policy Center has to say about this bill here:
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