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.
California, Washington State, and Texas family court and legislation discussed during this interview with Sherry Palmer, Michael Ferrini, Ted Fogg, and Johnny Panko. We talk with Michael Ferrini about how children are actually harmed by the state ignoring proper procedure necessary allegations in order to properly protect the children.
Michael worked as a probation officer, assigned to juvenile court and assigned on a task force that focused on domestic violence, abuse in the home, and high risk cases that they were managing within the juvenile dependency court. That is the welfare court in California. And then Michael went to work for family court for about five to six years in Sacramento. He was laid off after that because of the budget cuts.
Sherry also discusses HB 1899 a Texas Homeschoolers bill being pushed through the legislator in Texas and how this bill continues to legislate the acceptance of discrimination of parent versus parent. Sherry and Tedd discuss these issues and the opportunities that parents have with amending these bills.
And Sherry discusses how Washington State has had an equal parenting bill since 2002 yet parents are still having to fight for their parenting time.
Related Educational Guides & Authorities
Continue exploring constitutional principles, case law precedents, and procedural strategies.
STATUS QUO IS A BARRIER YOU CAN OVERCOME w the help of Sherry and Ron B Palmer
Fix Family Courts explains that parental rights are fundamental constitutional liberties protected by the Four...
Radio Interview of the authors of the book "Not in the Child's Best Interest"
Understand why the 'best interest of the child' standard is unconstitutional without proving parental unfitnes...
DAILY TOOL: Sherry and Ron B Palmer explain Hodges v. United States
Fix Family Courts explains that parental rights are fundamental constitutional liberties protected by the Four...