Joseph Very Sherman, Individually, and as Biological Father, Next Friend, and Natural Guardian of H. M. S., J. C. S., and M. R. S., Minor Children, et al. v. Louis R. Lerner, former Judge, Circuit Court of Virginia, City of Norfolk
SocialSecurity DueProcess FirstAmendment
Do the Fifth and Fourteenth Amendments require pre-deprivation due process before a court enters a child custody order that infringes fundamental liberty interests of both a fit parent and a minor child and severs the relationship between the child and fit parent?
The trial judge entered an Order (App. 10a-21a) that deprived each of the three child Petitioners of their right to associate with their fit and loving father, Petitioner Sherman, and deprived him of his right to care for the children. The Supreme Court of Virginia entered an Order (App. la-5a) that found, inter alia, the trial court Order (App. 10a-21a) did not violate procedural due process by taking evidence from one parent and not the other before issuing a child custody order from the bench. Do the Fifth and Fourteenth Amendments require pre-deprivation due process before a court enters a child custody order that infringes fundamental liberty interests of both a fit parent and a minor child and severs the relationship between the child and fit parent? ii LIST OF ALL PARTIES Petitioners J.C.S., and M.R.S., are real parties in interest, minor children deeply bonded to their father and now deprived of his care, custody, and control throughout prolonged divorce litigation. They were three of the four petitioners in the Supreme Court of Virginia. Petitioner Joseph Very Sherman is the biological father, next friend, and guardian of each of H.M.S., J.C.S., and M.R.S. He was defendant and cross-plaintiff in the divorce and child custody litigation in the trial court, the Circuit Court for the City of Norfolk, Virginia. He was the fourth of four petitioners in the Supreme Court of Virginia. Respondent, Hon. Louis R. Lerner (Retired), is mandatorily retired from sitting as a trial court judge by statute due to his age. The Supreme Court of Virginia appointed him as Judge Designate to preside over the divorce and child custody case which gave rise to the Petition for Mandamus at the Supreme Court of Virginia, from which Petitioners now seek a Writ of Certiorari from this Court. Hi STATEMENT OF