HB 3231 by Representative Jeff Leach and SB 1178 by Senator Brian Birdwell would resolve the problem by clarifying the law regarding the rights of fit parents. Over the past 100 years, the U.S. Supreme Court and the Texas Supreme Court have repeatedly held that courts must presume that parent is fit and that a fit parent acts in the best interests of the child. The court is not allowed to overrule parental decisions merely because the judge disagrees with the parent and believes that a better decision could have been made. The court is required to defer to the parent unless it is proven that the parent is unfit or that the parent’s specific decision was physically or emotionally detrimental to the child.

Furthermore, the U.S. Supreme Court has consistently held that parents have a fundamental right to raise their own children under the due process clause of the U.S. Constitution.

This extensive precedent from the U.S. Supreme Court was also recently outlined by Attorney General Ken Paxton in AG Opinion KP-0241.

THSC’s legislative team has worked with lawmakers and attorneys who are experienced in Constitutional law and Texas family law to draft the Family Unity Act.

The Family Unity Act will update the Texas Family Code to directly incorporate Supreme Court precedent outlined by AG Opinion KP-0241.

Codifying the Supreme Court’s guidance into the Texas Family Code would ensure that all Texas judges are provided with clear and consistent Constitutional direction when determining how far they can intervene into the parent-child relationship.

The Family Unity Act is the product of many expert lawyers, attorneys and analysts who worked tirelessly to ensure that it accurately reflects Supreme Court precedent.

The bill will answer a legal question using only existing case law. It does not address the policy debate as to which outcome is correct in any specific case. Specifically, the bill:

• Codifies the constitutional presumption that parents are fit and that fit parents act in the best interest of their children
• Specifies that a parent’s fundamental right to raise his or her child includes, but is not limited to, the right to direct the care, custody, control, education, upbringing, moral and religious training, and medical care of the child
• Prevents courts from in fringing upon a parent’s fundamental right to raise his or her child unless the infringement is necessary to prevent a significant impairment of the child’s physical health or emotional well-being

Before introducing this legislation, THSC submitted a brief to the Texas attorney general’s office to obtain his opinion on the matter.

The Attorney General has released an opinion in response to the request.