Helpful Laws Courtesy of Alfra.org

THE MOST POWERFUL
“FIT PARENT STANDARD”
JUDICIAL OPINION IN THE COUNTRY
On June 10, 2011, the Supreme Court of Alabama issued an opinion in Ex parte E.R.G. and D.W.G. that quotes the Supreme Court of the United States, that it is clear the U.S. Constitution, “requires that a prior and independent finding of parental unfitness – by clear and convincing evidence – must be made before the court may proceed to the question of whether an order disturbing and limiting a parent’s ‘care, custody, and control’ of his or her child is in that child’s best interests.”

The E.R.G. Court also quotes a long line of law, including U.S. Supreme Court Justice Scalia’s dissent in Troxel v. Granville that, “recognizes that the right of parents to make decisions regarding a child’s care, control, education, health, and religion, as well as with whom the child will associate, is a fundamental right that arises “as an inherent consequence of the parent-child relationship independent of any case law, statute, or constitutional provision.”

The Troxel Court said, “The Due Process Clause – of the U.S. Constitution 14th Amendment – does not permit a State (judge) to infringe on the fundamental right of parents to make child rearing decisions simply because a state judge believes a “better” decision could be made.”

Those who violate the sanctity of family must be prosecuted to the fullest extent of the law.