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.
UPLa
Ron's Unauthorized Perspective and Legal Analysis
Why is it so difficult to fight family law corruption? Its because the legislature, the executive, and the judicial branches have conspired to violate the separation of powers doctrine. In joining forces, they are eliminating the essential checks and balances on consolidation of power that help keep our system honest. Their collusion is at the heart of the problem and that collusion, at least in Texas, violates the state's constitution. I discuss this issue and its implications in the podcast Above.
UPLa is a trademark of Ron B Palmer and Fix Family Courts. It is a spoof on UPL as the Unauthorized Practice of Law and deliberatelymakes fun of the sham that is state regulation of the legal profession by regulating speech.
Fix Family Courts provides parents, attorneys, and family advocates with rigorous constitutional frameworks to safeguard fundamental parental rights. Under binding Supreme Court precedents including Troxel v. Granville, Santosky v. Kramer, and Pierce v. Society of Sisters, fit parents are constitutionally presumed to act in their children's best interests. State courts lack constitutional authority to abridge custody, parenting time, or parental decision-making without strict scrutiny and clear and convincing evidence.
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