Parent and Child Rights are NOT in Conflict

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another family-court myth is parents

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rights and child's rights are in

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conflict right and that's absolutely not

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true the Supreme Court has said that the

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state must presume the rights of the

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parent and the rights of the child

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coincide in the adjudication phase that

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means until state has proven something

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against a parent they must presume that

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you are fit

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they must presume that you are acting in

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your child's best interest they don't

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have a choice about this legally and

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constitutionally now they're going to do

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everything they can to avoid it but they

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don't have this option your rights your

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child or your child is protected by

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having rights they benefit from you

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having rights they benefit from being in

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your care custody and control they are

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harmed when the state gets involved and

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starts screwing with things right and if

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they were in such conflict and that was

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something that the state courts could

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step into and why do you let's say

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Brokaw versus Mercer that's on page 11

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out of our book on the side we put

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things on the side as you can see we

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take quotes out of cases this is the

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book by the way quotes out of cases that

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are important to the content that's on

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the page and so if it was true that

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parents and children's rights were in

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conflict and the parent no longer then

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had any rights and the court could just

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sweep it away then why did Brokaw vs.

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Mercer County in 2000 US Court of

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Appeals seventh circuit say that the

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that the courts were not allowed to

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interfere until they have proven until

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the state proves parental unfitness

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right they didn't say until the parents

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go through divorce did they right so

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it's very essential that you realize

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that you or they make these presumptions

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they're not allowed to make them right

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the attorneys are just worried because

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they think that you're going to be

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punished more if you or they tell you

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you're going to be punished more if you

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inflame the judge or if the judge gets

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upset at you raising your rights and

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like Ron said earlier it's not that

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you're going to be punished more because

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they're already going to put you through

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these things if you don't like the idea

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that your non-primary it's that the

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attorneys get punished the attorneys

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they talk about them they talk about

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them behind chamber when they're back

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there going what the hell's wrong with

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you why would you do this what you just

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you know letting us go through the

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status quo process so they get mad at

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the attorneys the judges treat them

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differently when they come before the

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money they make any more difficult for

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them yeah I actually heard one attorney

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actually was an amicus talking to the

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attorney that was representing the

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parent that was using our arguments and

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that attorney actually tried to make the

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attorney tried to stroke the attorneys

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ego while at the same time telling that

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attorney I just didn't you just came

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on the case and that's what I thought

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with your good reputation I figured you

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would never have filed something like

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this in this way that you didn't

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understand all the details of it so she

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tried to make the attorney feel like it

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tried to give him an out to say yeah

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you're right

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shouldn't have filed all of that

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stuff in the motion what was I thinking

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right when really what this amicus did

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didn't want to be off the case because

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when the rights are protected here's

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what an amicus key can't come in do

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exploratory searches there goes the

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attorney welfare yeah an amicus is

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nothing right welfare for attorney yeah

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Broncos am kiss attorney welfare because

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they're they don't have to do anything

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they're not accountable the client the

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parents can't even contestability part

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of the bill

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in fact they knew clearly you think the

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other attorneys are doing any more and

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then they charge you an unlimited amount

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they just go and go like oh we're

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working with a client right now that's

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been a hundred thousand dollars last

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year for six months of an amicus I Percy

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not in the same guarantee you didn't

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change the theme the parents going

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through that have children that make

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minimum wage aren't forced to have an

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amicus they get the same outcomes yeah

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so these are parents that are wealthier

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that the courts know can't afford to do

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it

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but they shouldn't have to afford it and

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they are gonna be it's extortion for

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daring to get divorced how dare you get

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divorced when you have children we're

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gonna make you pay they are driving even

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wealthy parents into bankruptcy so

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that's all the time we have to go

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through some of these well I will

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mention one more why do the courts

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appoint these other than just the money

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they believe extra some professionals

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can make better decisions then for the

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child than the parents going through

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divorce because that goes back to

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parents and divorce aren't putting the

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best interest of child first and it also

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works to protect the judges the judges

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don't want to be seen as the bad guy

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they want the app to the power don't get

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me wrong they're not about to give that

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up without a fight but they don't want

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the accountability they don't like

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accountability at all right so if they

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have to make the decision they're

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accountable for that decision as much as

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their hell accountable they have

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absolute immunity from anything they do

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so you can't really punch them in anyway

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but they kind of if they can point in

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amicus if they can appoint psychologists

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to look into things and those things

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then they can pass off the guilt of what

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they're doing onto those third parties

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who are more than happy to do it for a

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city right and so it's really all about

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the judge and protecting the judge and

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making the judge feel better thank you

5:48

for watching and if you found this video

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