by Sherry Palmer | Jul 27, 2020 | abuse of discretion, balancing test, best interest analysis, best interest standard, burden shifting, child custody coach, Clear and convincing evidence, Connecticut, constitutional challenge of a statute, Eldridge factors, Eldridge test, error preserving argument, evidentiary standard, family law constitutional arguments, fundamental parental rights, fundamental rights, Golding test, guardianship, In re Zakai F, Mathew's Test, Mathew's v. Eldridge, parent v third-party, presumption, rebut child abuse, rebut protective order, winning parental rights case
Parental Rights Case comes out of Supreme Court of Connecticut this Week that re-confirms the principles in Santosky and breathes new life into cases for parents trying to regain custody from a relative or a foster parent, and says child’s rights are not...
by Sherry Palmer | Feb 14, 2017 | Clear and convincing evidence, Evidence, Fundamental rights, Preponderance of the Evidence
Judge Puryear, a Texas appellate court judge, believes that “preponderance of the evidence” standard is too low for determining infringement of the care, custody, and control of a child. What is Preponderance of the Evidence? Preponderance is a very low...