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.
In Chapter 5 Sec. 151.003 of the Texas Family Code, the legislatures passed that it is every parent's individual "fundamental right and duty…to direct the upbringing" of your child. Sec. 151.003 might be addressing LIMITATION ON STATE AGENCY ACTION, but that doesn't change that this is their finding and it passed, signed and sealed. Since "A state agency may not adopt rules or policies or take any other action that violates the fundamental right and duty of a parent to direct the upbringing of the parent's child."
If it is the other parent that is attacking your rights, ignore that this is addressed to state agencies. The important part that is that the legislators recognize that you have "fundamental parental rights." And with this admittance, they are now bound to the limitations placed on them by the U.S. Constitution and the due process required before interfering with a fundamental right. This also binds judges. It is the type of right that guides a judge on what protections and process is required under the law before depriving you of that right. And the other biological parent doesn't get any special privilege to violate your right anymore than any one else. The judge works for the state and the state is not allowed to make your rights hollow, not even at the request of another biological parent.
There is power in knowing your rights. Judges are not the only ones with power. :O)
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