Federal Judicial Opinions
Fourteenth Amendment substantive due process; fit-parent presumption; fundamental liberty interest of fit parents in child care, custody, and control cannot be bypassed by judicial best-interest balancing.
Freedom of personal choice in family life; fit parent presumption remains intact until sovereign state meets strict burden of proof of severe harm.
Judicial immunity applies only to adjudicative acts; judges acting in executive, administrative, or policy-enforcement roles carry zero judicial immunity.
Judicial enforcement of private litigation constitutes state action bound by Fourteenth Amendment guarantees.
Best interests of the child standard cannot override constitutional protections or justify disparate classification.
Illegitimacy and bastardy jurisprudence; unconstitutional to penalize or diminish children's legal rights based on the marital status of their parents.
Texas State Judicial Opinions & Executive Precedents
Texas Supreme Court holding that the fit-parent presumption is constitutionally mandated by Fourteenth Amendment due process in any child custody proceeding.
Non-exhaustive statutory factors for determining child best interests; cannot supersede constitutional limits on judicial power.
Definition of abuse of discretion: acting arbitrarily, unreasonably, or without reference to guiding legal rules and principles.
Courts must enforce statutory language as written without reading words into statutes or judicially rewriting policy.
Official admission by Attorney General Greg Abbott that child support Title IV-D proceedings violate separation of powers and equal protection principles when unconstitutional procedures are enforced.
Federal & State Statutory Provisions
Federal Criminal & Civil Codes
- • 18 U.S.C. § 241: Conspiracy Against Rights (Felony)
- • 18 U.S.C. § 242: Deprivation of Rights Under Color of Law (Felony)
- • 18 U.S.C. § 1581: Peonage & Coerced Labor (Felony)
- • 18 U.S.C. § 1589: Forced Labor via Abuse of Legal Process (Felony)
- • 18 U.S.C. § 1595: Private Right of Action for Peonage / Forced Labor
- • 42 U.S.C. § 1983: Civil Action for Deprivation of Rights
Texas Family & Penal Codes
- • Tex. Fam. Code § 6.406: Mandatory Joinder of SAPCR in Divorce
- • Tex. Fam. Code § 105.001: Non-Appealable Temporary Orders
- • Tex. Fam. Code § 153.001(a): State Public Policy Mandate
- • Tex. Fam. Code § 153.002: "Shall Always" Best Interest Directive
- • Tex. Fam. Code § 156.101: Perpetual Modification Re-exposure
- • Tex. Penal Code § 39.03: Official Oppression Under Color of Office
Constitutional Mandates & Legal Maxims
Federal Constitution is the supreme law of the land; judges in every state are bound thereby, any state constitution or law to the contrary notwithstanding.
Strict division into Legislative, Executive, and Judicial departments; no department may exercise powers properly attached to either of the others.
Core Common-Law Maxims of Law (PDF p. q)
- • "Quod ab initio non valet, in tractu temporis non convalescit" — What is void from the beginning cannot become valid through the passage of time.
- • "Ultra vires non potest ratificari" — An act beyond lawful power cannot be ratified.
- • "Nemo iudex in causa sua" — No one should be a judge in their own cause.