Stop Unconstitutional Grandparents' Visitation Orders


Stop Unconstitutional Grandparents' Visitation Orders
The Issue
Who is impacted?
Fit parents across America are being forced to share custody or visitation rights with grandparents, even when they are fully capable of raising their children. This practice undermines the family structure and parental authority.
What is at stake?
If this trend continues, more parents will lose their constitutional right to decide what’s best for their children. By passing the "Parental Rights Preservation Act," we can protect these rights and ensure that fit parents remain in control of their child’s care.
Why is now the time to act?
The problem is escalating, and families are suffering. We must act now to restore parental rights and stop courts from infringing on the fundamental rights of fit parents. Sign this petition to protect families.
We, the undersigned, urge Congress to enact the "Parental Rights Preservation Act." Fit parents have a constitutional right under the Fourteenth Amendment to make decisions concerning the care, custody, and control of their children. However, family courts across the nation are increasingly infringing upon these rights by granting visitation and custody to grandparents and third parties, even when parents are fit to make such decisions.
This practice violates parental autonomy and creates unnecessary legal burdens for families. The proposed Act will ensure that courts respect parental rights and only intervene when parents are proven unfit by clear and convincing evidence.
Sign this petition to protect parental rights and uphold constitutional protections for American families.
Proposed Federal Law: The Parental Rights Preservation Act
Section 1: Title This Act shall be known as the "Parental Rights Preservation Act."
Section 2: Findings and Purpose (a) Congress finds that:
- A parent’s right to make decisions concerning the care, custody, and control of their child is a fundamental constitutional right protected under the Fourteenth Amendment’s Due Process Clause.
- Fit parents are presumed to act in the best interests of their children.
- Grandparents' rights, while potentially beneficial in certain circumstances, have been increasingly granted in ways that infringe upon the constitutional rights of fit parents.
- The courts have overstepped constitutional boundaries by granting partial or physical custody to third parties, including grandparents, when fit parents are capable of making decisions for their children.
(b) The purpose of this Act is to safeguard the constitutional rights of fit parents and to ensure that decisions concerning their children’s care, custody, and control remain with them unless they are found unfit by a court of law.
Section 3: Definitions For purposes of this Act:
1.Fit Parent: A parent who has not been found unfit by clear and convincing evidence in a court of law.
2. Grandparent’s Rights: Legal rights granted to grandparents for custody, visitation, or any decision-making authority over a child.
3. Parental Rights: The fundamental right of a parent to make decisions regarding the care, custody, and control of their child.
Section 4: Prohibition on Grandparents' Rights Over Fit Parents (a) No court shall grant custody, visitation, or any legal rights to a grandparent over a child if the child has a fit parent, regardless of the following circumstances:
- One parent is deceased.
- The parents are divorced or separated.
- The child has lived with the grandparent for an extended period.
- The child has a close, established relationship with the grandparent.
(b) The above provisions apply unless:
1.parent has been declared unfit by clear and convincing evidence in a court of law.
Section 5: Termination of Existing Orders (a) Any existing court orders granting custody, visitation, or other rights to grandparents or other third parties shall be void if:
- The child has a fit parent; and
- The parent has not been declared unfit by clear and convincing evidence.
(b) This provision applies even if the existing order was entered as part of a consent agreement. Courts shall provide a streamlined process for parents to request termination of such orders under this Act.
Section 6: Enforcement (a) Parents may bring a civil action to challenge any court order or statute that infringes on their fundamental rights under this Act. (b) Any state law or court decision inconsistent with this Act is preempted and shall be considered null and void.
Section 7: Severability If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of its provisions to other persons or circumstances shall not be affected.
Section 8: Effective Date This Act shall take effect immediately upon enactment.
198
The Issue
Who is impacted?
Fit parents across America are being forced to share custody or visitation rights with grandparents, even when they are fully capable of raising their children. This practice undermines the family structure and parental authority.
What is at stake?
If this trend continues, more parents will lose their constitutional right to decide what’s best for their children. By passing the "Parental Rights Preservation Act," we can protect these rights and ensure that fit parents remain in control of their child’s care.
Why is now the time to act?
The problem is escalating, and families are suffering. We must act now to restore parental rights and stop courts from infringing on the fundamental rights of fit parents. Sign this petition to protect families.
We, the undersigned, urge Congress to enact the "Parental Rights Preservation Act." Fit parents have a constitutional right under the Fourteenth Amendment to make decisions concerning the care, custody, and control of their children. However, family courts across the nation are increasingly infringing upon these rights by granting visitation and custody to grandparents and third parties, even when parents are fit to make such decisions.
This practice violates parental autonomy and creates unnecessary legal burdens for families. The proposed Act will ensure that courts respect parental rights and only intervene when parents are proven unfit by clear and convincing evidence.
Sign this petition to protect parental rights and uphold constitutional protections for American families.
Proposed Federal Law: The Parental Rights Preservation Act
Section 1: Title This Act shall be known as the "Parental Rights Preservation Act."
Section 2: Findings and Purpose (a) Congress finds that:
- A parent’s right to make decisions concerning the care, custody, and control of their child is a fundamental constitutional right protected under the Fourteenth Amendment’s Due Process Clause.
- Fit parents are presumed to act in the best interests of their children.
- Grandparents' rights, while potentially beneficial in certain circumstances, have been increasingly granted in ways that infringe upon the constitutional rights of fit parents.
- The courts have overstepped constitutional boundaries by granting partial or physical custody to third parties, including grandparents, when fit parents are capable of making decisions for their children.
(b) The purpose of this Act is to safeguard the constitutional rights of fit parents and to ensure that decisions concerning their children’s care, custody, and control remain with them unless they are found unfit by a court of law.
Section 3: Definitions For purposes of this Act:
1.Fit Parent: A parent who has not been found unfit by clear and convincing evidence in a court of law.
2. Grandparent’s Rights: Legal rights granted to grandparents for custody, visitation, or any decision-making authority over a child.
3. Parental Rights: The fundamental right of a parent to make decisions regarding the care, custody, and control of their child.
Section 4: Prohibition on Grandparents' Rights Over Fit Parents (a) No court shall grant custody, visitation, or any legal rights to a grandparent over a child if the child has a fit parent, regardless of the following circumstances:
- One parent is deceased.
- The parents are divorced or separated.
- The child has lived with the grandparent for an extended period.
- The child has a close, established relationship with the grandparent.
(b) The above provisions apply unless:
1.parent has been declared unfit by clear and convincing evidence in a court of law.
Section 5: Termination of Existing Orders (a) Any existing court orders granting custody, visitation, or other rights to grandparents or other third parties shall be void if:
- The child has a fit parent; and
- The parent has not been declared unfit by clear and convincing evidence.
(b) This provision applies even if the existing order was entered as part of a consent agreement. Courts shall provide a streamlined process for parents to request termination of such orders under this Act.
Section 6: Enforcement (a) Parents may bring a civil action to challenge any court order or statute that infringes on their fundamental rights under this Act. (b) Any state law or court decision inconsistent with this Act is preempted and shall be considered null and void.
Section 7: Severability If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of its provisions to other persons or circumstances shall not be affected.
Section 8: Effective Date This Act shall take effect immediately upon enactment.
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Petition created on January 21, 2025