Constitutional Due Process Protections in Child Custody Proceedings: Under the Fourteenth Amendment Due Process Clause, the fundamental liberty interest of fit parents to the care, custody, and companionship of their children is constitutionally protected against state infringement (Troxel v. Granville, 530 U.S. 57). Family courts cannot curtail parental authority, award unequal time, or impose state supervision without satisfying strict scrutiny and proving parental unfitness by clear and convincing evidence.
Social Studies
Your family code defines what power the court has to order a social study. The code should also states what criteria has to be met before a social study can be ordered. In Texas Family Code section 107.051 the judge is given the power to order a social study with anyone who is asking for “managing conservatorship or possession of a child.
If you have not already given up your rights and possession to your child, but are in the courts for the first time for child custody, then you should be asking the court t protect your rights and time with your child.
Every one of you already has managing conservatorship and rights to possession of your child if you have never been declared an unfit parent, a danger to your child, or have never received an order regarding the rights and duties of your child.
Instead of asking for something you already have, you ask for protection of your rights and time with your child. This does not invite the court into your private life to do a social study.
Related Educational Guides & Authorities
Continue exploring constitutional principles, case law precedents, and procedural strategies.
Standing up to the Abuse of Power
Fix Family Courts explains that parental rights are fundamental constitutional liberties protected by the Four...
DAILY TOOL: Family Studies are a Major Driver of False Allegations and Creation of Lies
Fix Family Courts explains that parental rights are fundamental constitutional liberties protected by the Four...
DAILY POST: Divorce is not a Trigger for Mental Health or Family Studies
Fix Family Courts explains that parental rights are fundamental constitutional liberties protected by the Four...