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.
PRO SE HELP
Part I – Pro Se help for parents and review of the In Re Sanders case and how it helps you protect your rights. JUMP TO 7:20 for the slide beginning the review on SANDERS. We begin with Stanley and then jump right to explaining the proper due process and how to ask for it, and then we go into Sanders.
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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