Deep Paralegal Thoughts: Striking the Balance in Family Law
Op-ed by Marla Fernandez Published September 9, 2024
As a paralegal and mediator immersed in family law, my role often situates me at the crossroads of legal battles and deeply personal family matters. It’s here, in the trenches of family disputes and legislative changes, that I’ve gained a unique perspective on the often contentious balance between protecting children and respecting parental rights. This balance is not only legal but profoundly moral, echoing the teachings of my traditional Catholic faith.
Â
The Sanctity of Parental Rights
In both my practice and my faith, parental rights are held as sacred. The Church teaches that parents are the primary educators and caregivers of their children, entrusted by God to guide them towards moral integrity and spiritual well-being. American law, too, traditionally upholds this principle, recognizing that parents generally have the right to direct their children’s upbringing in ways they see fit, barring harm or neglect.
Â
Challenges in Modern Family Law
Recent trends in family law, however, often paint a more complex picture. Cases like those highlighted by investigative reports reveal a judicial system struggling to adequately balance these rights with the imperative to protect children from abuse. As discussed in recent articles, such as the one by Vince Bzdek, there are heartbreaking instances where the system fails, favoring procedural rights over children’s safety. While these articles call for necessary reforms, they sometimes risk swaying public opinion towards a viewpoint that could undervalue the importance of parental rights in non-abusive families.
Â
A Call for Nuanced Reforms
What’s needed is not a dismantling of parental rights but a more discerning application of these rights, particularly in cases where children’s safety is at stake. The legal framework must be robust enough to protect children from harm while also sophisticated enough to recognize and support the majority of parents who are doing their best to raise their children in a loving environment.
- Training and Education: Judges and child welfare professionals must receive better training not just in recognizing signs of abuse but also in understanding the broader context of family dynamics and parental rights.
- Church-State Collaboration: The Church can play a crucial role in supporting families and advising legal frameworks. By fostering programs that equip parents with the tools for healthy family life and by advocating for laws that reflect both the sanctity of the family and the welfare of children, the Church can help bridge the gap between moral teachings and legal standards.
- Preserving Family Integrity: Laws should be designed to support family integrity, with interventions tailored to protect children while doing minimal harm to the family structure. This includes support systems for parents who are struggling, offering them the help they need to maintain their family’s well-being.
Â
Conclusion
As we move forward, let us seek solutions that respect the sanctity of the family and protect the most vulnerable among us. It is possible to uphold the rights of parents while ensuring the safety and well-being of children. Through thoughtful legislation, compassionate judicial practice, and ongoing community support, we can strive for a system that truly serves the best interests of all.
#HarmonyforAll #WriteInMarlaFernandezForStateLegislatureHD3
#WriteInBennettRutlege for State Senate