HOUSTON--(BUSINESS WIRE)--The Supreme Court of Texas will hear oral arguments next week in a landmark parental rights case in which a Houston woman’s parental rights were effectively terminated via a lifetime protective order.
Holly Draper, CEO and managing partner of The Draper Law Firm, is representing Christine Stary in her appeal to the state’s highest court.
A Harris County court judge effectively terminated Ms. Stary’s parental rights in 2020 by granting a lifetime protective order on behalf of her three minor children. The order came about five months after she was accused of injuring her youngest child in an incident at her home.
Ms. Draper argues the order, which Ms. Stary’s ex-husband requested, violated her constitutional rights because she was not given adequate opportunity to defend herself against family violence allegations. Ms. Stary also was barred from raising evidence of domestic violence against her husband.
A 2-1 appellate court ruling in December 2022 affirmed the decision granting the protective order, but the dissenting justice wrote that the order “deprived her (Stary) of the fundamental liberty interests in the care, custody, and control of her children.”
That is the central argument in Stary’s ongoing appeal, which alleges the court did not have justification to bar her from contact with her children.
“When three justices on one panel can diverge so drastically over the issue of the constitutionality of the protective order statute as applied in this case, this court must weigh in to protect the constitutional rights of parents faced with de facto terminations through protective order lawsuits,” Ms. Draper wrote in her Texas Supreme Court petition.
Ms. Draper and former Texas Supreme Court Justice Eva Guzman, on behalf of the Family Freedom Project – a group that works on legislation and cases that impact the right of families to raise their children – will be arguing on behalf of Ms. Stary’s appeal Tuesday at the University of Houston Law Center, where the Supreme Court of Texas will be hearing two cases. The Court travels twice each year to different areas to enhance transparency and foster a deeper understanding of Texas’ justice system.
Oral arguments may be attended in person (advanced registration required) or viewed live via the Supreme Court of Texas YouTube page. News media planning to attend should notify UH Law Center and Texas Supreme Court media relations in advance so additional instructions can be provided.
Click here to read the Court’s summary of the case.
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.