NOTE: *DO NOT FILE THESE WITHOUT UNDERSTANDING WHAT YOU ARE FILING! These are samples only.
Have a child custody case coming up? Has anyone talked about what rights are at stake here? The last time I sat in a courtroom waiting for the family cases to be heard, I got to hear the criminal docket first. The judge asked every single person at the beginning of their criminal hearing if they understood their rights and then listed their rights out to them even if they said that they understood them and knew what they were! In addition, the judge further asked them if they understood that they would be giving these rights up if they plead the way they were pleading or if they agreed to a particular plea bargain. WOW! We waited to see if the judge would do the same thing in the divorce and child custody civil cases. Nope. Nothing had changed. One by one parents walked up to the bench with their attorneys and made agreements that violated their rights without ever being told by the judge that they even had rights or warned that their agreements could be giving up rights. These motions are to protect you and your child from suffering years of being bullied and being placed under the constant threat of control. Your rights are intended to protect you from excessive and unnecessary expenses they place on you when you don't know your rights. Your rights are intended to protect you and your child from loss of time together. If you wait on the court to tell you or to protect these rights automatically you are going to be sorely disappointed. All of the motions are intended to be used in conjunction with the others. The DUE PROCESS Declaratory Judgment MOTION requires the court to declare precisely what process is due and which procedures the court is duty bound to follow before it seeks to in any way infringe or limit your substantive or equal protection rights. The Substantive Rights Declaratory Judgment MOTION establishes what your basic rights are and requires the court to specifically write them down so that they cannot be ignored. The Equal Protection Declaratory Judgment Motion clarifies what your rights are under equal protection of the laws, dispels some of the common myths that allow courts to treat single and divorced parents differently than married parents, and requires the court to write down these rights and the classifications they use so that they can no longer hide behind false presumptions. So two of the motions require the court to acknowledge your rights and the third motion requires the courts to articulate specifically how they are going to protect those rights. By doing this in this way, if the court fails to do what it is required to do, you have protected your right to appeal and to ask the appellate court to require the district court to apply the protections of your rights. You can give these motions to your attorney and ask them to ask for a separate hearing prior to your next hearing or trial in your divorce or child custody modification. You can also ask your attorney to ask the Court to rule on these without the necessity of an additional hearing. In some places however, asking for a hearing is a way to ask for the court to rule on your motion. Just find out how your courts work to make sure that your motions get ruled on. Don't let your court and your attorney skip this step. You and your child pay dearly when they skip these steps! We offer webinars to teach you more about these motions here: TAKE ME TO THE WEBINAR TRAINING PAGE And you can contact us here if you get a response from your court that you do not know how to respond back to: www.fixfamilycourts.com/contactus You can also contact us if your ex or opposing counsel has filed a motion responding or objecting to your motions.
Your judge might not want to admit that their power is limited by the 14th amendment. Your judge might not want to give up the unlimited power that they have enjoyed to do practically whatever they want. They don't give up their status quo easily, so be aware that it is a fight to get the court to acknowledge and respect these rights. But know this, if you do not fight then these rights will continue to go ignored and parents and children will continue to be hurt by the family court process. If you do not fight you might be the next family that the process breaks financially and emotionally. The courts regularly hand out your money to amicus, psychiatrists, guardian ad litems, parenting coordinators, mediators, and the other parent. This fight is no different than the fight that women, blacks, and farm workers (Cesar Chavez) had to make when their rights were ignored or were not recognized.
This fight will be filled with pain. Many people have endured painful fights in the past like Ghandi, Jesus, Mother Theresa, and Nelson Mandela. You are not the first and you will not be the last. You can endure this fight with the right mindset and the right tools.** If you need help contact us here at Fix Family Courts. Let us know what you are having trouble with.
It would cost thousands of dollars to have an attorney create these motions. And we haven't found an attorney yet who has demonstrated that they could draw these up. They just don't have the knowledge about these fundamental rights the way that we do. We have spent thousands of hours studying how the supreme court and federal appellate courts reason through these issues...how they think about these issues, and how they apply protections for these issues, and how they would be applied to the family courts. We have attended and assisted in many trials and hearings on these fundamental rights. We create arguments that are consistent with what the federal appellate courts have already said. Our training is consistent with what parents and attorneys are experiencing with presentation of these rights. We have also studied many of the state opinions and how they twist many of these principles to meet their preconceived ideas and their desired outcomes. These motions and our training will help you battle these wrong ideas and destructive behaviors and patterns. When you get these motions you have saved thousands of dollars already. Many will say that it will cost you more to argue your rights and your child's rights. We have seen not fighting for protection of these rights cost families so much that they are driven into bankruptcy. One parent recently said that they paid $100,000.00 to an amicus over a period of 6 months! There is more to your rights than just money. When your rights are protected properly you are able to go on with your life without the constant fear that the other parent is going to take you back to court and take more from you at the shifting of the direction of the wind. It would take more than that to get you back into court when your rights are protected properly. We have witnessed parents using these motions get more favorable results that they had been unable to achieve before they used these motions, even when their motions got denied!
How much will it cost you to let them continue to ignore and trample your rights? It could cost you millions. The other parent can drag you back into court as many times as they want over practically anything. You could be brought back to court because the other parent just wants to take more from you because you started earning more, because you got into a new relationship, or because you wouldn't agree to a particular activity or change in school. The number of times you have to go back to court over a right you didn't protect in the beginning or a right that they said you have in your order but you aren't able to exercise can seem practically limitless. And think of all the time you could lose with your child taking that traditional path. So you could spend more and lose more not protecting your rights. Use these sample motions to help you stop this endless destructive cycle!
You could lose more and more precious time with your children if you don't fight back with more effective tools. You could live constantly under stress wondering when you will be back in court again with no protections, and you will never be able to just move on and be yourself and live your life without fear of not knowing when things can change on you again. Use these motions and shut all of this down.
These motions are breakthrough and brand new so don't be surprised if the court plays like they don't know how to hear you on these. Don't be surprised if the court or opposing counsel tries to get your motions kicked out, tries to say that you are not entitled to this relief, and even tries to call them frivolous, not relevant, or not necessary in your case. But be prepared. You get prepared by getting the training to help your attorney present these motions and be able to challenge the objections.
Contact us if you are having trouble with presenting these or if you are getting a response from your court or your attorney that you don't know how to deal with. www.fixfamilycourts.com/contactus/ *
You have a great advantage, your rights have been recognized by the federal courts. Now you just have to fight for them in the state courts. If you are wanting to fight for your rights, we have started that path for you with these motions.
Remember that you need to customize the motions to suit your particular situation. If you leave things in the motions that do not apply to you or if you are not able to explain how they apply to you, the other side could claim that you are being frivolous and could ask for you to pay attorneys fees. But also remember that the other side usually asks for attorneys fees even under the way that they do things now.
Just remember that if the other side presents an objection to your motions, if the judge objects to your motions, let us know so that we can help you work through the arguments and prepare to defend your rights. You can contact us at Fix Family Courts.
*DISCLAIMER: We are not attorneys. We do not practice law. We are not responsible for anything you use from this website. We do not know the nuances of your case so check with an attorney before you use it for your case. We are not telling you what to do. We are providing you with alternative education that is protected under the 1st amendment. If you use these materials you do so at your own risk. You are encouraged to seek an attorney to help you use these motions and information.
** We also recommend that you get the following books: "NOT in The Child's Best Interest" and "Broken System, Broken Heart" to help your mindset; to help you get strong, stay strong, endure this pain throughout this battle, improve your relationships, and become an effective advocate and activist.
◊ It would cost thousands of dollars to have an attorney create these motions. ◊Take these motions to your attorney and then set up a time for us to meet with you and your attorney.
NOTE: IF YOU ARE PLANNING ON USING THESE MOTIONS, YOU ALSO NEED TO PLAN ON LEARNING HOW TO ARGUE THESE MOTIONS.
If you need help with learning how to use these motions and petition, register for the next training webinar on the webinar training page.