Are Family Courts Exercising Legitimate Authority

The Constitution protects our rights and liberties from being usurped by the government or any individual. The founding fathers knew that the states were notorious for infringing and depriving individuals of their rights for their own purposes. They also knew that if too much power fell in the hands of any one person, group, or government that they too would do the same.

Our Founding Fathers knew the danger of
majority rule and direct popular rule

This is exactly how the family courts and the entire process has been operating. Naturally then, the majority of the family court judges throw out consideration of this document having any relevance in your child custody dispute. Why? Applying the Constitution of the United States would limit their power. Foolishly, the judges believe that by making this denial it becomes the rule. Judges who ignore your rights protected under the Constitution are not exercising legitimate power. Instead they are allowing ego to inflame them and reacting as if you have offended them.  And many allow greed to drive them— power and money.  They use their power to try and show you who is boss. But they are wrong, YOU are the decider of what is best for you and your child even in divorce. Our founding fathers knew that this would happen if something wasn’t established in writing to prevent it. The U.S. Constitution protects your parental right to:

  • Create and maintain a family
  • Make private family decisions
  • Have superior rights to your children over the state’s rights even when the two parents disagree on things that can be divided equally
  • Care personally and directly for your child, not pay someone else to do so
  • Have custody of your child and the responsibility to hold their rights in trust
  • Have control over your child, meaning you decide where they go and in whose care they may be entrusted
  • Educate your child in your own moral, religious, and civic values through daily example
  • Defend your child’s right “to be left alone” and to be free from “Government intrusion into their private life”
  • Protect your child’s right to freely and equally associate with both fit parents
  • Be treated equally to other fit parents under the law, particularly married parents
  • Be free from the personal biases, prejudices, and beliefs of a family court judge imposed by the State
  • Be free from the other parent’s personal biases, prejudices, and beliefs being imposed by the State

Despite the ratification of this protective document, family court has fallen into the two “diseases most incident to republican government…democratic tyranny and democratic ineptitude.” (Remember that the use of the words republican and democratic are not referring to political parties like they do today, it is referring to the means of governing.) “The first was the problem of majority faction, the abuse of minority or individual rights by an “interested and overbearing” majority.  This was a great concern of our Founding Fathers who were very concerned with tyranny of the majority. This is one of the reasons they made the Court an equal branch of government–to have the power to protect minorities from this threat. The second was the problem of making a democratic form of government efficient and effective….The constitutional object was, as the late constitutional scholar Herbert Storing said, “a design of government with the powers to act and a structure to make it act wisely and responsibly.” [i]

When family courts ignore this, and parents don’t know their rights, don’t assert them and don’t fight back properly, you get the results that we have today. A huge complicated, damaging, and chaotic family court machine that is profiting off of violating your protected liberty.  The states, the feds, and not even the Supreme Court are the final say regarding what is your liberty and your fundamental unalienable parental rights are, YOU are. That is the core basis and idea behind the Constitution– that you decide for yourself what works for you regarding raising your family until you are proven to be unfit or a clear and present danger to your child, or the state has proven they have a compelling state interest that is narrowly tailored that overcomes your superiority to exercise these rights, even in divorce. These are the parameters that were set and agreed to as necessary in order to continue to exist as a peaceful body of people, a successful community. We did not agree to being tyrannized and bullied by overpowering judges in family courts. In fact, we made it abundantly clear in the Declaration of Independence that this would not be tolerated, and the Constitution serves as the legal implementation of these fundamental ideas. We agreed to allow those appointed to government roles to operate with authority and strength but only within these boundaries. See on YouTube.

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The Governor vetoed this bill (SF1402) in Minnesota in 2012 after it had passed the House and the Senate. Does this mean that you don’t have these rights? Absolutely not. It just means that the Governor has refused to enforce your protection of these rights. Governor Dayton of Minnesota has now placed his name in the list of Governors who have fought against civil rights. He is now right up there with Governor George Wallace of Georgia who famously defied Black children’s right to attend White public schools. Just like those young school girls in Georgia so long ago, it is up to you to not fall victim to their denial of your civil rights. You need to stand up to the judge, attorneys, and anyone else that is saying they get to decide for you in divorce and make clear that you will no longer accept unfounded bias and prejudice directed at you–a fit divorcing parent. The first step for you is to know your rights and where they come from. Armed with this, you can stand up to any tyrant (regardless of the title they carry), just as the Freedom Riders did many years ago. They had the courage to directly defy segregation laws in the South by exercising their rights even in the face of being beat-up, spit-on, threatened, and cursed-at. Have the courage to demand your rights as an equal parent.

Family Courts today are acting just as State Courts did in the Deep South when they denied that Black people had rights that are equal to Whites. Today, these Family Courts are telling us that divorced parents do not have the same rights as married parents. Divorce much like the color of skin is being used as an illegitimate basis for State-imposed discrimination. As the Court made clear in Griswold, the right to bring up children and to make protected family decisions is one of “the basic civil rights of man”: “the Fourteenth Amendment includes the right “to marry, establish a home and bring up children,” Meyer v. Nebraska, 262 U. S. 390, 399, and “the liberty . . . to direct the upbringing and education of children,” Pierce v. Society of Sisters, 268 U. S. 510, 534-535, and that these are among “the basic civil rights of man.” Skinner v. Oklahoma, 316 U. S. 535, 541. These decisions affirm that there is a “realm of family life which the state cannot enter” without substantial justification. Prince v. Massachusetts, 321 U. S. 158, 166.” In Eisenstadt the court made clear that the application of fundamental liberties must be the same for married and single alike: “whatever the rights of the individual … may be, the rights must be the same for the unmarried and the married alike.” Therefore, divorce courts are violating the civil rights of divorcing parents by treating married parents and divorcing (single) parents differently. If you were a fit parent with parental rights before your spouse filed for divorce, then you must be a fit parent with parental rights during divorce where you remain married and post divorce where you become single again. Absolutely nothing in the nature of divorce changes the basic fact that fit parents having parental rights entering into a divorce are fit parents upon becoming divorced and MUST retain those parental rights to the absolute fullest extent possible following divorce.

[i] Meese, Edwin III, et al. The Heritage Guide to the Constitution. 2005, The Heritage Foundation, An Eagle Publishing Company, Washington, D.C. Page 3.