When the state seeks to separate a family and interfere with the parent-child relationship and parental childrearing decision making, they often rely upon either a “reasonable cause” standard or a “preponderance of the evidence” standard. A higher burden of production and proof is required by the state and federal constitutions to rebut the presumption of parental fitness. Without the rebuttal of that presumption parental preferences for placement, visitation/family time, and over all child rearing decisions should prevail.
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