Attorney General Opinion Request Letter

The Attorney General in the state of Texas is authorized by the Texas Constitution to issue legal opinions when requested by certain state government officials.

This page introduces a letter created by Fix Family Courts that helps people request that their Senators and Representatives file a formal request to the Attorney General through one of the committees they are members of or by asking a member of the Juvenile Justice and Family Affairs Committee to make the request.

This request can be made at any time. You don’t have to wait for the next session of congress in 2019. You can take action now. This is a specific and meaningful step you can ask your state congressman to take right now.

We encourage you to download this letter and take it to your congressman. Tell them you want answers to these questions.

The questions presented are designed to highlight specifically how the current family code violates constitutional rights. It is designed to highlight that every single judge in this state should know it is unconstitutional and illegal for them to interpret the best interest of the child policy to allow them to violate constitutional guarantees. They are supposed to know better. This opinion is designed to put their ignorance of the law or their intentional violation of the law under a spotlight.

If we can compel them through sheer numbers to request this opinion, the opinion can used as ammunition for parents to fight for their rights in court and for activists to point out the enormous flaws in our system.

See the links below for the full letter to your congressman.

The questions we want to ask are these:

  1. Does the State’s Legislature have legitimate authority to authorize any state officer to violate the constitution or to violate constitutional guarantees for any person?
  2. Does the State’s best interest of the child policy, or any state statute, authorize a state court judge to infringe the fundamental rights of a child in a SAPCR proceeding between fit parents?
  3. Do parents in a SAPCR proceeding between fit parents have constitutional guarantees for their constitutional rights?

3.1       Do they have a right to know what those constitutional guarantees are?

3.2       Do they have a right to “a just, fair, equitable and impartial adjudication of the rights of litigants under established principles of substantive law?”

3.3       Does the State’s best interest of the child policy obviate any of the parent’s due process rights, due course of law rights, or any other constitutional rights or constitutional guarantees?

3.4       Are infringements of fundamental rights in SAPCR proceedings subject to constitutional review at either a rational basis, enhanced scrutiny, or strict scrutiny standard of review?

  1. When a fit parent files a SAPCR petition against another fit parent, what constitutional threshold conditions are necessary before a state court judge is authorized to infringe constitutional guarantees, or is the mere filing of a SAPCR petition sufficient to authorize a state court judge to infringe constitutional guarantees?
  2. Is there a federal policy that it is always in the public interest to prevent violation of constitutional rights?

5.1       Does this federal policy take precedence over the state’s best interest of the child policy?

This is a form letter to your congressman requesting that they file a formal request to the Attorney General to issue an opinion related to child custody in Texas…

Attorney General Letter


You have Successfully Subscribed!