Tool of the Day: Breaking Up The Family — Add This Caselaw Quote to Your Pleadings

by | Mar 11, 2015

Last modified June 12, 2022

Supreme Court on Breaking up the Family: If a State were to attempt to force the breakup of a natural family, over the objections of the parents and their children, without some showing of unfitness and for the sole reason that to do so was thought to be in the children's best interest...

Minerva 2005kb use your powers or lose them

TOOL OF THE DAY: Caselaw to argue against Breaking Up The Family

CATEGORY: Family Law Pleadings

“Our identity becomes closely associated to the role and all that it brings–the status, the power, the affiliation. Losing that role can feel like someone is cutting off a part of us.  We may go to great lengths to resist being hurt.”* When the family courts cut us off from our children without proper authority, we use these powers..

What is a natural family? SCOTUS has very clearly stated that a natural parent and their child constitutes a natural family. The divorce court upon request to break up the marriage, goes beyond this request and breaks up the natural family based on nothing more than the court’s opinion of best interest.

“If a State were to attempt to force the breakup of a natural family, over the objections of the parents and their children, without some showing of unfitness and for the sole reason that to do so was thought to be in the children’s best interest, I should have little doubt that the State would have intruded impermissibly on ‘the private realm of family life which the state cannot enter.”‘ Smith v. Organization of Foster Families, 431 U.S. 816, 862-63 (1977) (Justice Stewart concurring), cited with approval in Quilloin v. Walcott, 434 U.S. 246, 255 (1978).

Have your attorney add this to your pleadings to the court so that you can support your argument that the court is intruding into your private business impermissibly. The court doesn’t have to take your word for it, you can use the words of the supreme court justices.

 

*Beyond Reason by Roger Fisher and Daniel Shapiro p.125 published 2005

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Written by Sherry Palmer

As a constitutional family rights expert researcher and writer, Sherry helps parents and their attorneys see the possibilities in making constitutional arguments for parental rights as being in the child’s best interests. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. Sherry does this through creating and teaching online digital courses, speaking, webinars, and workshops. Sherry’s teachings are unique and cutting edge to the family law industry developed by her and her husband. Sherry attributes successfully developing the most powerful tools and a five-stage formula to assist attorneys and pro se parents get better results and fight legal abuses that occur in the family court settings.