Advocates are Being Attacked by the State Bar Unauthorized Practice of Law Committee

by | Jun 13, 2018

Unauthorized Practice of Law or Civil Rights Fight?

Has your state made it illegal to assist parents in an area of public concern? Have you looked for an attorney to fight for your rights and were told that you didn’t have any? Were you told by an attorney that the constitution doesn’t apply in family law or that fighting for protection of your rights is not how they do things in their family courts?

Attorneys who want to fight for your parental rights are being ostracized so many parents are being forced to go it alone. Parents are driven broke before they realize that they had rights they should have fought for, and then don’t have the money to fight for their rights once they find out.

Parents are afraid to fight for their rights from the start and are intimidated and told that if they pose that argument they will be punished, so they go along with their attorney being told that they have a shot at prevailing and not to rock the boat. The problem with this is if even parents who prevail don’t realize that they lost their rights. They don’t realize that their rights are now licensed back to them. The prevailing parent won’t usually notice that though unless they get taken back to court for modification. And then the parents are told that it is too late to raise rights arguments. They are told that their case is an extension of the original case and that the rights are up to the judge now. The parents were never told that if they chose to ask the judge to decide best interest of their child or they didn’t object to the judge making these determinations that they would forever be controlled by the judge’s determination of what is best for their child. So it’s not that you go before a judge it’s how you frame your case to the judge.

The State Bar has allowed attorneys to create a family law system that ignores parental rights.

So what do attorneys resort to when you go to them and say that you are being sued for child custody, they resort to telling the parent that the only way to win is to hire expensive studies, do expensive discover, and ask the court to order court-appointed experts and other people to violate their privacy and place their civil rights at jeopardy because they requested that the court invade this privacy. They leave the parent with no option other then go along with this attorney’s suggestion or be labeled as uncooperative and risk being the unchosen one by the court. The parent cannot find an attorney to protect their rights. What is a parent to do when they are told they don’t have any rights and if they want to keep their rights to their child they should ask for a Guardian ad Litem (GAL) to decide what is best for the child, or an amicus or ask for a child custody evaluation or a social study to be done. Some suggest psych evals to try and prove the other parent has a personality disorder. Parents are told to do this if they want to keep their rights after divorce or separation (which by the way is a lie too because the court is only licensing them and can remove those at any time even easier after they have gone along with this scheme).

We have seen studies mean absolutely nothing. We have seen courts completely ignore them. We have seen final orders mean nothing. Once you believe your attorney and fall for the scheme of going to court and begging the judge to side with you, you will be seen as forfeiting your rights and your resistance will be seen as futile from that point forward.

The way the statutes are written in most states and the way that most attorneys present the case goes along with the judge having over broad discretion. Nobody argues that the judge needs to respect fundamental rights and that the procedures being used are violating both parent’s rights. They just go along to get along.

So the parents go through this process never knowing any different until it’s too late, they are bankrupted emotionally and financially. Usually only after does a parent start looking around to try and understand what just happened to them. But the legal rules protect the attorneys and protect the way that they are doing things, and the rules are set up for those who know their rights.

You Have a Right to Know and Choose

Ignorance is no excuse right?

Attorneys will tell you that they are doing their job and that they are only required to represent you within the system. Law is a monopoly and has become so corrupt that it has become the exception for an attorney to actually fight for rights in family law and prevail, and most of the time the attorney has not even spent the time to study these rights the way we have. You see a few examples like Troxel, the most recent case out of Arizona and the most recent judge that ruled a family law statute unconstitutional.

Why wouldn’t your attorney have spent time studying these rights and suggesting that you fight for them the way we suggest?

Why would they if other attorneys in their field are going to ostracize them and judges are going to get upset with them challenging their power? Judges enjoy the amount of power they have because attorneys are not challenging it, attorneys are not framing the cases to limit the judge’s power, they are taking advantage of the judge’s power and using it to take advantage of the other parent. Parents are paying their attorneys to take advantage of power. The attorneys might even say that they prefer power over rights because respecting the other person’s rights might mean that the parents actually get to continue to parent the child how they see fit during each of their time that they have possession of the child without scrutiny and without being told what to do by the judge or the attorneys, basically without chilling effect from the court/government. The attorney completely ignores your state constitution that says that you have the rights and that these rights are sacred. Most of the attorneys will deny this. What fun would that be if they couldn’t intimidate you into spending lots of money and how would you feel if you couldn’t pay a judge to listen to your rants and anger at the other parent?

The problem is there wasn’t anyone out there who had enough skill or knowledge to create these arguments for the attorneys. And now that there is the state bar doesn’t like it and they want to shut you down. There have been pioneers before you and before us. One attorney told us that they had a friend who helped people fill out their forms and after she was attacked by the Unauthorized Practice of Law Committee she developed cancer and died. Any lawsuit is stressful and most of the advocates helping parents have already had more stress than any person should have to endure in their lifetime, and some of them are still going through it.

Attorneys who believe that you have rights and are willing to fight for them, are few and far between, so few and far between that we now see an escalating number of children shooters, parents losing it, and suicides. And even those attorneys, now a product of the mediocre law schools who have not spent nearly enough time on civil rights fights and the need for attorneys to be on the look out for practices that undermine fundamental rights. Instead law schools encourage the continuation of bias practices and teach from books that are biased in family law. Many law schools are turning out social workers in disguise.

And attorneys who fight for these rights risk the courts telling them that their fight is frivolous and then the parent getting upset with them because they get sanctioned. Parents need to remember that many people got punished fighting for their civil rights, parent punishment for this civil rights battle is a court saying your fight is frivolous. Well there were many people who thought fighting Jim Crow laws was frivolous because it was the law that they could discriminate. And some would say that sitting at the lunch counters and demanding the ability to exercise their rights was frivolous. And some might say that women believing they had the right to vote was frivolous. Some of those mothers had their children taken from them and were jailed.

Parental rights are Civil Rights

If you do not protect your right to fight for your parental rights, you will not have any.

More and more parents are having to fight back pro se or in pro per. Many of them are doing this because they didn’t realize they should have fought this differently until after they go broke. And for those who still have some money, cannot find attorneys to fight for their rights. So parents who have gone through this nightmare are trying to help these parents. Some parents have made this their business to help parents. Parents should have an option as to how they spend their money. If they are going to pay for a legal battle they should have the option to pay for services that will provide them with leverage to fight the corruption from the start, to help them protect the rights that they do have but the attorneys have ignored for so long that now they follow a corrupt precedent.

The number of parents and organizations forming to help parents going through divorce with child custody has been growing. The Father’s Rights Movement main page alone almost has a half of a million parents on there. This organization has become a major support group and has recently established their own suicide hotline. This organization has had growing numbers of mothers join them over the years as the courts have begun stripping mothers the same way they have stripped fathers over the years. So now both mothers and fathers are suffering the same loss of rights to their children.

This problem has become so huge that Lillia Luciano of ABC news has picked up the story and has been running it. Word is that her network didn’t want to run the piece anymore so she started doing Facebook lives so that she could continue covering the story and getting the news out there about the suffering of the parents in Northern California.

CNN will be airing a story with Lisa Ling later in this year.

Many school shooters are associated with broken homes and now networks are starting to pick up that these broken homes just might be a product of a corrupt and broken family court system and not so much that the parents got divorced, but more that the family courts have created an environment where they drove the other parent out and broke the family bonds and relationships by choosing what the court decided was the best parent. The networks are discovering that this better parent model has lead to very bad results, and parents and children who had no mental health or criminal history before are driven to things they never would have thought of or imagined doing. Then again they never imagined that they would be stripped of rights this way in their own country.

Good parents like Kash Jackson, running for Governor or Illinois is suffering the effects of the corrupt system and being told to step down from running by his judge’s brother, after these judges have forced Kash into a financially untenable situation, stripping him of money and calling it child support, when Kash was never proven to not support his children directly in the first place. That’s one of the lies the family courts tell. The judge abuses his power and issues a child support order, then can decide not to lower it even if your finances get reduced, and then tell the world that you are shirking your duty to your children. Media outlets that do not understand the dynamics of the family courts then tell stories like, this father does not want to pay for his children’s childcare or medical bills. They don’t bother tell the story that this father had a right to support his children directly, to not be charged to pay the other parent for this, and that the child support amount doesn’t cover the additional medical and childcare that is added on top of that child support amount. So that $2500 that Kash is ordered to pay may not include not all of what they are having him pay. He is being asked to pay medical and childcare on top of that amount. By the time the day is done, there is barely enough money left over. And most parents in this situation cannot even pay for their own basic needs.

And what the media does not tell you is that parents who are not under court orders like this raise their children every day on less money than this, and that parents don’t raise their children based on a dollar amount, they raise them within their means, and as their means change so does what they can pay for and buy for their children. That is not how it works with the family courts. You have to pay a lot of money to be seen and heard by a judge and if you are already hurting financially because they are already taken a sizeable chunk of your money then you cannot afford to be heard by the judge.

Parents in divorce are taken advantage of and the courts and the attorneys out there and the politicians will try and get you to believe that these parents did something wrong or that they are deadbeats. These attorneys and politicians are dead wrong. They are protecting their gravy train and the financial incentives that the state gets from Title IV-D money. The attorneys protect the state interests not the parents and certainly not the children.

Children are best protected by their parents, even when the parents are imperfect they are better off being reared by the parents and yes even when the parents are separated or divorced and even when the parents do not get along.

The family courts have created a system where the only reason this still goes on is because the people who find out what is going on are punished for trying to fight back or are too broke to make any kind of real noise, or get intimidated or threatened from helping others who do have the means to fight back.

Contact your politicians and your state supreme courts and tell them you do not want attorneys in your state harassing other people who are trying to help parents protect themselves from the damaging practices of the family courts and to change their unauthorized practice of law (UPL) rules to include protection for parents and organizations and companies that have formed to educate and provide services to parents about their rights and to understand the process.

These are 1st amendment rights that have not been protected but the bar members will take advantage of advocates and activists any way they can, they will try to divide and conquer, they will try to drive out competition so that they don’t have to change their ways.

Parents you have to keep fighting to get these rights recognized. Your message is being heard, don’t give up. The more punitive the state bar actors get, just means that you are having effect and they are getting scared. Keep it up you should be helping parents learn what is happening so that they can protect themselves. If the attorneys won’t do it, someone has to.

And if they try to tell you that just isn’t the way it’s done, remember that’s only because they have chosen not to do it this way, not because it is wrong. And remember all of those who have fought for things to change when they were not done right. Jim Crow laws were overturned even though they were made into law because of people just like you who fought back and decided that those laws violated fundamental rights.

Celebrities aren’t even being told they have rights!

Even celebrities like Brad Pitt, in the news today for enforcement of parenting time, was most likely never told about any parental rights that protect him from these ongoing expensive and unduly burdensome litigation. And Dukes of Hazzard star John Schneider, “Bo Duke,” recently going to jail for nonpayment of alimony (spousal support) was most likely never told about how to use his civil rights to challenge the $31,000 his ex-wife, Elly “Elvira” Schneider, requested based on his making $83,000 a month. The Court decided to award her $18,000 based on Schneider saying his earnings are actually $40,000, according to TMZ.  If Schneider’s and Pitt’s attorneys had fought to protect those rights the two of them probably wouldn’t still be paying the price. We reached out to Brad Pitt’s attorney Lance Spiegel, a long time ago, and he never called us back. I’m sure Brad Pitt was never told. The education that advocates are providing other parents is having an effect. Brad Pitt’s judge is getting the message and has told Angelina Jolie that “According to a court order obtained by CNN and issued last week, Jolie is required to tell their children that the “court has determined that not having a relationship with their father is harmful to them,” that they are “safe with their father,” and that having a healthy relationship with both parents is “critical.”

However, this education of this judge has not gone far enough. Pitt and Jolie would not have be in the courts still 20 months later after their ordeal started if Pitt’s attorney was using rights arguments as well. Without these arguments children in the middle of these disputes will remain in the middle and remain pawns for the courts to shift the children from one primary parent to another. “In the court documents, the judge advised Jolie the custody arrangement was subject to change,” and stated that “If the minor children remain closed down to their father and depending on the circumstances surrounding this condition, it may result in a reduction of the time they spend with [Jolie] and may result in the Court ordering primary physical custody to [Pitt].” That’s great that the judge recognizes the importance of fatherhood. However, he is ignoring that Pitt and Jolie both have had a right to not have their equal rights infringed and don’t need a judge in the middle choosing one parent over the other. What they needed and need is a judge who respects and follows the constitutional rights of parents and children, and that is that both parents deserved the protections of their fundamental rights properly and for the court to provide that protection without requiring the parents to go through this expensive ongoing, protracted, high-conflict process.

So now that the message is getting through to judges that fathers are important, make sure that your attorney is also arguing that protection of your rights are important, and that a judge’s discretion is already limited by the constitution. Become a member and learn how to make these arguments. Without extensive and specific knowledge of these arguments your attorney will shut you down and if your attorney is trying to make them they need more knowledge and information or your judge will shut your attorney down. In order for the judges to start adopting these arguments, it took years of investment into studying the issues of fatherlessness. Your parental rights are the same way, we study the way the Supreme Court has articulated rights and we provide arguments on how we believe the rights arguments should be applied to the family courts.*

If your attorney is afraid to use these rights arguments that we have in our book and in our membership site, you need to let them know that you are not going to get upset with them if they lose using these arguments, let them know that you will not get mad at them if the court punishes you for using them, if the court says you are frivolous. Make sure that you are using their rules properly and not violating any of their statutes, be aware of their sanction statutes, and be prepared to have to battle those as well. Thank your attorney for fighting for you and for making a difference because they are taking risks when they help you make these arguments as well. Thank them for being willing to frame your case right and to do the job they should have been doing in the first place. And if your judge rules that your arguments are frivolous and you used the right mechanisms and right statutes and followed your state’s rules related to their family code statutes to bring your case forward, then you might want to consider letting your legislator know that your judge is violating constitutional rights and ask them not to support that judge, and then start a campaign to get another judge elected or appointed. Do things legally and do not threaten your judge or any legislator. If your legislator continues to support judges who violate rights you can start a campaign to get someone else elected in their seat as well. Use your voice to empower you and protect the future generations from these corrupt practices. You will find out which attorneys and judges are corrupt when you pursue protection of your rights. Be prepared, get educated, and stay strong.

The reason you continue to use your rights arguments no matter how they punish you is because civil rights fights only win and prevail if they cannot intimidate you and if they cannot shut you down by punishing you. Parents, you need to make sure that you are teaching enough parents to follow in your footsteps. Once there are too many parents to punish you will prevail. And once punishing the parents/advocates/activists becomes more costly for them than it is, beneficial, you will prevail.

Parental Rights Education

We have a membership site to educate parents and attorneys. It is geared towards parents since they are the ones who have to ask for this protection otherwise the attorneys will just use the status quo. The membership site is intended to help parents learn how we believe parental rights work and to help them articulate it to their attorneys, and to teach advocates and other businesses in the same space have resources and be able to articulate these arguments most effectively. By learning and teaching these principles you will strengthen your success of this information reaching attorneys and judges throughout the United States. We have simplified the arguments so that you don’t have to spend the thousands of hours that we have spent learning your rights and trying to figure out how to argue them. We have done the work or you already!

You can find the membership site under the Member tab or click here.

 

 

*We are not attorneys, do not practice law, are not a substitute for an attorney, and do not help you prepare for your case.

 

Resources:

Featured picture from http://www.foxnews.com/entertainment/2018/06/11/dukes-hazzard-star-john-schneider-reportedly-facing-jail-time.html

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