| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 3/15/2013 4:35:08 PM Darren Jones--HSLDA Texas: Calls Needed to Oppose Attack on Parental Rights |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Texas: Calls Needed to Oppose Attack on Parental Rights Dear HSLDA Members and Friends, Senate Bill 1148, which would modify state law to permit grandparents to more easily sue for custody or visitation against the parents' wishes, is scheduled for a hearing before the Senate Jurisprudence Committee on Tuesday, March 19 at 1:30 p.m. http://www.hslda.org/elink.asp?id=17609 This bill will cause intact families, including perfectly fit parents, to face potential court challenges to their parenting decisions whenever they limit or restrict their child's visitation from grandparents. Under current law courts can only force a change of custody or visitation over the parents' objection if the grandparent proves two things: first, that denial of the visitation would significantly impair the child's physical health or emotional well-being; and second, that the parent is in jail, incompetent, deceased, or does not actually have possession. SB 1148 would remove the second provision, leaving grandparents free to sue any time they believed that they should have either custody or visitation. Grandparents are normally well intended when they seek visitation; however, we have defended member families where the grandparents are seeking visitation after they have been denied because of their interference with parents' choice to homeschool. We believe that where homeschooling families are intact, they should not have to defend their decisions regarding who will have access to their children. The bill as proposed could force parents to defend their parental rights if they simply deny visitation to a grandparent. Action Requested: Please call the Senate Jurisprudence Committee members listed below and urge them to oppose this bill. If one is your representative, be sure to mention that when you call. You do not need to identify yourself as a homeschooler; instead you can identify yourself as a concerned parent and taxpayer. Give them one or more of the following talking points in your own words: 1. Please oppose SB 1148. It is unconstitutional based on the U.S. Supreme Court's ruling in Troxel v. Granville, 539 U.S. 57 (2000). Intact families have a fundamental right to deny visitation with grandparents, and any law to the contrary would likely be struck down by the Texas Supreme Court. Current Texas law already correctly protects families' rights. 2. SB 1148 would create a financial burden on intact families having to defend their private family decisions regarding who has contact with their children. Some families simply could not afford to defend themselves, some bad decisions can be handed down, and children will be harmed as a result. 3. SB 1148 would significantly increase the caseload burden on an already overburdened court system, increasing costs and delays. Many more cases could also be appealed to the Supreme Court. Senate Jurisprudence Committee members - click http://www.hslda.org/elink.asp?id=17610 for contact information: Chair: Sen. Royce West Vice Chair: Sen. Jose R. Rodriguez Sen. Donna Campbell Sen. John Carona Sen. Sylvia Garcia Sen. Kelly Hancock Sen. Ken Paxton The hearing is scheduled to take place in the Betty King Committee Room (Room 350) of the Sam Houston Building. Background: Ideally, families get along; parents, grandparents, and even great-grandparents work together to raise strong and healthy kids. But that is not always the case. Regardless of how healthy these relationships are, it falls to fit and loving parents to make decisions regarding the care, custody, and control of the child--including decisions regarding who has contact with that child. However, SB 1148 would allow a grandparent to sue the parents for visitation or even custody rights to the child. If this bill becomes law, a person could sue for visitation rights even when both parents are together and there is no pending dissolution, legal separation, or modification of a parenting plan proceeding. Under current Texas law, grandparents can sue for visitation if the parent is in jail, incompetent, deceased, or does not actually have possession of the child. This current law is in keeping with the constitutional standard upheld by the U.S. Supreme Court in Troxel v. Granville. As proposed, HSLDA believes SB 1148 would violate that standard. Thank you for taking the time today to stand with us for freedom. Together we can protect children by empowering their parents to make decisions for them free of this kind of intrusion. Sincerely, Darren A. Jones Staff Attorney Other Resources: Bill Text http://www.hslda.org/elink.asp?id=17611 P.S. We greatly value you and your support--it is a privilege to serve you! If you or someone you know is not a member of HSLDA, will you consider taking a moment today to join or recommend us? Your support enables us to defend individual families and protect homeschooling freedom for all. Join now: http://www.hslda.org/elink.asp?id=17612 ---------------------------------------------------------------------- -> Is customer service an art or a science? For us, good customer service is both an art and a science -it should appeal to our members and be effective. Consider what our members say about us: We're thankful for the support HSLDA membership provides us. We'd never homeschool without them. We highly recommend HSLDA to all homeschoolers. - North Tonawanda, NY I cannot imagine our homeschool journey without HSLDA's strong leadership, protection, and guidance. God bless HSLDA! - Alta Loma, California More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1940 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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Thank you for your cooperation. ====================================================================== | |
