Government May Not "Demand Divorce as a Precondition for Maintaining Parental Rights"
The Texas Supreme Court has ruled that the government may not demand divorce as a precondition for maintaining parental rights. The court's decision was based on a case involving a married couple with three children, where the government sought to terminate both parents' rights. The court ultimately affirmed the termination of the father's rights but reversed the termination of the mother's rights, citing a lack of evidence that termination was in the best interest of the children.
- ▪The Texas Supreme Court ruled that the government may not demand divorce as a precondition for maintaining parental rights.
- ▪The court's decision was based on a case involving a married couple with three children.
- ▪The mother's rights were reversed due to a lack of evidence that termination was in the best interest of the children.
Opening excerpt (first ~120 words) tap to expand
Parental Rights Government May Not "Demand Divorce as a Precondition for Maintaining Parental Rights" Eugene Volokh | 6.8.2026 9:36 AM From Texas Supreme Court Justice Evan Young's majority opinion Friday in In the Interest of H.S.: Few principles in our history and traditions are as deeply rooted as the sanctity of the family. Fit parents, and not the government or anyone else, have the right and the corresponding responsibility to direct their children's upbringing and to be their children's primary source of protection and guidance. At the same time, a parent's inability or unwillingness to satisfy basic, minimum standards of care can lead to abuse or neglect, which justifies governmental intervention to protect the children.
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