Two years ago we celebrated the most significant victory for parental rights in Texas history when the Texas Supreme Court issued a unanimous 9-0 decision in the CJC case.
In that case, the court pulled from a hundred years of case law and concluded that courts must presume that parents act in the best interest of their child.
The district court judge had decided that a father had to share custody of his five-year-old daughter with a man who was not related to her but had been engaged to the girl’s mother for a mere three months before she died in a car accident.
The judge decided that even though the father was a fit parent, the daughter could be taken away over the father’s objections.
Across the state of Texas, many judges have believed that when they disagree with a parent’s parenting decision, it is their responsibility to determine what is “in the best interest of the child.” However, in a unanimous decision, The Texas Supreme Court reversed the lower court and clarified that judges must give preference to decisions that fit parents make for their children.
Although, the Texas Supreme Court did not clarify under what circumstances a judge may overrule the decisions of a parent in order to protect a child.
There is now a case before SCOTX in which this exact question is being raised.
In the Kalinec case, the father had two children who were removed from the home during a CPS investigation some years ago. After the CPS investigation determined that the father was not guilty of abuse or neglect his child was returned to him and the court concluded that he was a fit parent who was entirely capable of raising his children.
However, an in-law who houses the children during the CPS investigation sued the father and claimed that she had a right to custody of the children. She argued that because the father was involved in a CPS investigation, even though he was found to be a fit parent and the children were returned, that she should be entitled to come in and take partial custody of the children.
THSC is currently working to help defend the father at the Texas Supreme Court and protect the rights of all Texas parents.
Allowing the courts to take away a parent’s right to make decisions for their child simply because they were investigated by CPS is ludicrous and must not be allowed to stand.
If you agree with us and support our mission, join THSC or become a supporter and help us stand in the gap for this father and the families of Texas.
Subscribe to our newsletter to receive our endorsements in these upcoming elections. Our freedom depends on it.
Tim Lambert, THSC President
Tim Lambert, has been the president of the Texas Home School Coalition since 1990 and involved in homeschool leadership since 1984. He and his wife Lyndsay taught their four now-grown children at home for 16 years, graduating the last two in 2000. As the head of the organization for the leading home school state in the country, he is recognized as an authority on home education issues.
Tim has testified before numerous Texas legislative committees on issues related to homeschooling and often deals with state government agencies, including the Texas Education Agency and the Texas Department of Family and Protective Services. He has also addressed such conferences as the Texas Association of Collegiate Registrars and Admissions Officers on the topic. He holds a B.A. in political science from Texas Tech University and is active in the political arena, serving eight years as Republican National Committeeman for Texas. Tim is committed to serving the homeschooling community and to protecting parents’ right to choose the method of education of their children.
Two years ago we celebrated the most significant victory for parental rights in Texas history when the Texas Supreme Court issued a unanimous 9-0 decision in the CJC case.
In that case, the court pulled from a hundred years of case law and concluded that courts must presume that parents act in the best interest of their child.
The district court judge had decided that a father had to share custody of his five-year-old daughter with a man who was not related to her but had been engaged to the girl’s mother for a mere three months before she died in a car accident.
The judge decided that even though the father was a fit parent, the daughter could be taken away over the father’s objections.
Across the state of Texas, many judges have believed that when they disagree with a parent’s parenting decision, it is their responsibility to determine what is “in the best interest of the child.” However, in a unanimous decision, The Texas Supreme Court reversed the lower court and clarified that judges must give preference to decisions that fit parents make for their children.
Although, the Texas Supreme Court did not clarify under what circumstances a judge may overrule the decisions of a parent in order to protect a child.
There is now a case before SCOTX in which this exact question is being raised.
In the Kalinec case, the father had two children who were removed from the home during a CPS investigation some years ago. After the CPS investigation determined that the father was not guilty of abuse or neglect his child was returned to him and the court concluded that he was a fit parent who was entirely capable of raising his children.
However, an in-law who houses the children during the CPS investigation sued the father and claimed that she had a right to custody of the children. She argued that because the father was involved in a CPS investigation, even though he was found to be a fit parent and the children were returned, that she should be entitled to come in and take partial custody of the children.
THSC is currently working to help defend the father at the Texas Supreme Court and protect the rights of all Texas parents.
Allowing the courts to take away a parent’s right to make decisions for their child simply because they were investigated by CPS is ludicrous and must not be allowed to stand.
If you agree with us and support our mission, join THSC or become a supporter and help us stand in the gap for this father and the families of Texas.
Subscribe to our newsletter to receive our endorsements in these upcoming elections. Our freedom depends on it.
Tim Lambert, THSC President
Tim Lambert, has been the president of the Texas Home School Coalition since 1990 and involved in homeschool leadership since 1984. He and his wife Lyndsay taught their four now-grown children at home for 16 years, graduating the last two in 2000. As the head of the organization for the leading home school state in the country, he is recognized as an authority on home education issues.
Tim has testified before numerous Texas legislative committees on issues related to homeschooling and often deals with state government agencies, including the Texas Education Agency and the Texas Department of Family and Protective Services. He has also addressed such conferences as the Texas Association of Collegiate Registrars and Admissions Officers on the topic. He holds a B.A. in political science from Texas Tech University and is active in the political arena, serving eight years as Republican National Committeeman for Texas. Tim is committed to serving the homeschooling community and to protecting parents’ right to choose the method of education of their children.
