AUSTIN â Just this morning, the Supreme Court of Texas (SCOT) handed down a decision in a landmark court case for parental rights, In re C.J.C. The case sets a major precedent for future parental rights cases that are heard in Texas.Â
A recent review of the last 20 years of cases found that Texas courts are systematically ignoring the constitutional rights of parents. Advocates hope that todayâs decision is the new beginning that Texas families need to turn this statistic around.
For months, Chris and his 5-year-old daughter, Ann, have been fighting a decision made by a Texas district court to grant an unrelated man custody of Ann over Chrisâ objections. Today, that fight came to an end as the Supreme Court of Texas ruled to permanently reunite Chris and Ann.
Nearly two years ago, Annâs mother died in a tragic car accident. Shortly after the death of Annâs mother, the man that Annâs mother had been dating (and was briefly engaged to) at the time of her death sued Annâs father for custody of Ann.Â
Despite spending less than six months with Ann and being completely unrelated to her, this man argued that briefly being engaged to (and living with) Annâs mother should give him the right to custody of Ann. He also argued that he had just as great a right to custody of Ann as Annâs father did.
However, this unrelated man acknowledges openly that Annâs father, Chris, was an entirely fit parent. In response to the unrelated manâs lawsuit, a district court gave custody of Ann to the unrelated man over Chrisâ objections.
In the Supreme Court of Texasâ landmark ruling, the Court overturned the lower court rulings and squarely rejected the unrelated manâs argument that the law does not presume that Chris has a right to raise Ann.
The Supreme Court of Texas reaffirmed the longstanding constitutional rules that parents are presumed to be fit and that the actions of fit parents are presumed to be in the best interests of their children.Â
Chris and Annâs case may be the most significant parental rights case in Texas history. Had Chris and Ann lost their case, parents in Texas would have been opened up to possible lawsuits from a slew of nonparents. Those nonparents could have taken custody of children from entirely fit parents had the Supreme Court of Texas ruled differently.
Instead, the court ruled in favor of families, finding that Chris was a âloving and attentive parentâ and that âa court must apply the presumption that a fit parentânot the courtâdetermines the best interest of the child in any proceeding in which a nonparent seeks conservatorship or access over the objection of a childâs fit parent.â
Today’s decision follows a months-long legal battle before the court in which numerous organizations and the State of Texas filed briefs before the court, defending Chris and Ann.Â
THSC launched a viral video and campaign to defend Ann and help #LetHerStay with her dad.
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