Texas high court says lower court order wrongfully terminated mother’s parental rights
AUSTIN, Texas–(BUSINESS WIRE)–The Supreme Court of Texas has issued a unanimous opinion protecting parental rights in the landmark case of a Houston woman whose parental rights were effectively terminated via a lifetime protective order.
The ruling reverses a judgment handed down by a Harris County district court judge in 2020 that granted a lifetime protective order against Christine Stary on behalf of her three minor children. The order came about five months after Ms. Stary was accused of injuring her youngest child in an incident at her home, but criminal charges stemming from the incident were dismissed.
Holly Draper, CEO and managing partner of The Draper Law Firm, represented Ms. Stary before the state’s highest court in tandem with former Texas Supreme Court Justice Eva Guzman, on behalf of the Family Freedom Project, which works on legislation and cases that impact the right of families to raise their children.
Ms. Draper argued that the order granted against Ms. Stary violated her client’s constitutional rights because it prohibited her from having any contact with her children forever without meeting the required level of evidence. Ms. Stary also was barred from raising evidence of domestic violence committed by her ex-husband.
The Supreme Court’s opinion delivered by Justice Jane Bland says in part, «We hold that constitutional due process requires clear and convincing evidence to support a protective order prohibiting contact between a parent and her children under the statute authorizing protective orders of longer than two years.»
Ms. Draper said, “My client lost almost five years of time with her children due to this unconstitutional protective order, and she can never get that back. She is thrilled with the court’s ruling and looks forward to the opportunity to build back a relationship with her children. With this ruling, no parent will have their rights terminated without the constitutionally protected standard of clear and convincing evidence.”
You can read the Supreme Court of Texas opinion on this case here.
About The Draper Law Firm
The Draper Law Firm is a family law boutique in North Texas. Its attorneys handle family law cases in all DFW counties and represent family law clients in appeals statewide. The firm previously prevailed in the Supreme Court of Texas in one of the biggest parental rights cases in Texas history, In re C.J.C. To learn more, visit draperfirm.com.
Contacts
Media Contact:
Jason Cunningham
800-559-4534
[email protected]
