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.
"Ideas are very often tainted by people's personal ideologies." Glattfelder Oct 2012
Problem: "Ideas are very often tainted by people's personal ideologies." The complexity perspective, James B. Glattfelder hopes allows for some common ground to be found. "The power to help end the gridlock created by conflicting ideas which appears to be paralyzing our globalized world." He goes on to say that "Reality is so complex we need to move away from dogma. This is just failed personal ideology."
This applies to family law. I think that you will find that a review of family law will reveal that personal ideologies have become so pervasive and controlling that inherent, fundamental, and substantive parental rights and children's rights are buried beneath the dogma.
This is a good talk by Glattfelder and applies to many different systems in our economy. The family law system is not exempt.
http://on.ted.com/Glattfelder
James B. Glattfelder: Who controls the world? | Video on TED.com
James Glattfelder studies complexity: how an interconnected system "say, a swarm of birds" is more than the sum of its parts. And complexity theory, it turns out, can reveal a lot about how the economy works. Glattfelder…
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