賀梅案一錘定音的論斷 |
送交者: YDX 2011年09月12日10:48:29 於 [茗香茶語] 發送悄悄話 |
http://www.parentalrightsandjustice.com/upload/site/1/79/jackhe_motion_for_determination.pdf
[In summary, we made attempts to visit our daughter; we did not go to Bakers’ home because they did not want us back any more and the police ordered us not to go back; we did not know there was a 4 month limit set in the Tennessee statute; and we had nowhere to visit our daughter. There was no willfulness in our failure to visit between January 28, 2001 and June 20, 2001.... Since we did not willfully abandon our daughter, we request the Supreme Court to reinstate our parental rights.] [Once the facts establish the material change in our circumstances and our fitness as parents, the “superior parental rights doctrine” should apply. As this Court has ruled before: In a contest between a parent and a non-parent, a parent cannot be deprived of the custody of a child unless there has been a finding, after notice required by due process, of substantial harm to the child. Only then may a court engage in a general “best interest of the child” evaluation in making a determination of custody. In re Adoption of Female Child, 896 S.W.2d 546, 548 (Tenn. 1995). In our case, the temporary nature of the custody arrangement hinged on the temporary nature of the hardship we experienced in 1999. Since the condition and reason for the 1999 temporary custody arrangement no longer exists and the change of circumstances is clear, we, the biological parents of our daughter, ask the Supreme Court to grant our April 9, 2001 petition to modify custody as a matter of law.] |
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