TOOL OF THE DAY: Joint Custody…5 steps to avoid falling for it.
CATEGORY: Family Law
Did you know that the US Supreme Court has ruled on several occasions that the right to be a parent is one of the most fundamental rights of our society?
Did you know that this right only applies to you if you are married or if the other parent is deceased? Well, at least that’s the way the family courts treat you. And they are happy if you continue to believe that way.
Family Courts see it as their duty to strip one parent of their rights and give those rights to the other parent. Why? And how can they do this so callously and routinely? They say it is their duty to protect your child when you are disagreeing with the other parent. They say it is their duty to determine the best interest of your child.
Yet the U.S. Supreme Court has ruled, including many federal district courts, tons of State appellate and lower appellate courts that parental rights are fundamental. Whoops did they really let that out of the bag? The trial courts try to make you think that they didn’t by pretending that these do not apply to you if you are unable to get along with the other parent. I don’t know how we claim that we are a civilized society that doesn’t believe in cruel and unusual punishment. If you’ve ever sat through family court for a day you’d think you were in another country.
Perhaps if you haven’t been through it yet you might be better off if you do sit through a day of trials so you can see how little the family rights are brought up.
Think of it this way. If the right to be a parent is a fundamental right that cannot be denied by the state without meeting a high bar of proof then how can family courts routinely deny one parent rights when that parent has broken no laws? If parents rights are truly rights then no parent could lose more than 50% of their rights in a divorce without meeting the same legal bar required of the state to deprive married parents of their children.
The Family Courts have many lies that allow them to get away with this. One is that they will assign both parents as joint managing conservators with equal enumerated rights but then severely limit the time one parent gets with the children, making it impossible for the parent to exercise those rights. It is the same as saying that everyone has the right to life and liberty but we choose to take your oxygen away – well at least from one parent they take the oxygen away. A right to life is meaningless if you don’t have access to oxygen, right? Likewise, equal parenting rights are meaningless if you don’t have equal access to time with your children.
To add further salt to the wound, the Courts and the police routinely deny enforcement of what little rights the non-favored, non-primary, or non-custodial parent has left.
All of this is akin to being treated as a second-class citizen who somehow deserved to lose their status as parent. In actuality both parents really have lost control over their lives when the courts dictate to the parents to go through counseling, submit to psychological evaluations and family studies. They take over your life and insert people to tell you what to do and what not to do with your child. They all look for flaws in the parents and hope that one of you will mess up so that they can justify this treatment.
You can make all of this very difficult for the courts to do. If every parent learned their rights, which are so easy for you to get your hands on now, through scholar.google.com and also through our website and used them, guess what!
You would stop making it so easy on the judges. Follow these five simple rules if you want to make it very difficult for the courts to uphold treating you like this:
- Make sure your pleadings do not ask the court to determine best interest of your child.
- Read our information on how to challenge statutes you believe to be unconstitutional, and use it.
- Refuse to submit, consent, or give in to their demands that you know violate your rights.
- Use a cogent persuasive argument to back up your reasoning.
- Be prepared to challenge to a higher level if you do not persuade the judge to side with you.
If you follow this, you will have preserved your ability to appeal on more than just challenging a judge’s determination of best interest.
Take Care and see you back here tomorrow.
Strategic Parental Rights Strategist, Instructor, Constitutional Scholar, and Author
Divorce Solutions and Child Custody Solutions
Co-author “Not in the Child’s Best Interest” (Book on parental rights and children’s rights)
Co-author “Protecting Parent-Child Bonds: 28th Amendment” (Book includes guide for legislators)
Twitter: https://twitter.com/fixfamilycourts (@fixfamilycourts)
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