DAILY TOOL: Does Parental Presumption Take Away CPS Power?

by | Mar 3, 2015

Last modified March 3, 2015

TOOL OF THE DAY: Parental Presumption CATEGORY: Family Law How many times has CPS stormed into someone’s life and then told them that they had to do exactly as they were told? How many were told that they had to attend some sort of counseling or rehabilitative parenting type of program or had a looming […]

TOOL OF THE DAY: Parental Presumption

CATEGORY: Family Law

How many times has CPS stormed into someone’s life and then told them that they had to do exactly as they were told? How many were told that they had to attend some sort of counseling or rehabilitative parenting type of program or had a looming threat of loss of your child? And all because a social worker might not agree with the decisions that you were making!

How many courts have been using child affidavits, letters, and testimony from within their chambers to deprive that child of that parent’s authority and time?

“[s]imply because the decision of a parent is not agreeable to a child or because it involves risks does not automatically transfer the power to make that decision from the parents to some agency or officer of the state.” Id. at 603, 99 S.Ct. 2493 (emphasis added). Thus, except in special circumstances, the state normally must defer to the exercise of a broad degree of parental discretion.

Schleifer By Schleifer v. City of Charlottesville, 159 F. 3d 843 – Court of Appeals, 4th Circuit 1998

[much above is from dissent.]

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Written by Sherry Palmer

As a constitutional family rights expert researcher and writer, Sherry helps parents and their attorneys see the possibilities in making constitutional arguments for parental rights as being in the child’s best interests. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. Sherry does this through creating and teaching online digital courses, speaking, webinars, and workshops. Sherry’s teachings are unique and cutting edge to the family law industry developed by her and her husband. Sherry attributes successfully developing the most powerful tools and a five-stage formula to assist attorneys and pro se parents get better results and fight legal abuses that occur in the family court settings.