Sherry Palmer1 Divorce and Dating Differently 2015 April 5

TOOL OF THE DAY: Best Interest Tips

CATEGORY: Family Law Book Excerpt

If you are going to face the court because your divorce did not settle, you will be faced with much more than just convincing the court that you are the better parent.

You will be faced with the idea that the court determines best interest of your child.

Many parents have left the court feeling shocked that they never committed any crime and never did anything wrong, and in fact may have even been the parent staying home with the child and some even homeschooling them. These parents leave shocked when the judge decides its in the best interest of their child to be with the other parent the majority of the time.

If you don’t want this to happen to you, then you will want to know the following tips that we got out of our book “NOT in the Child’s Best Interest” from Chapter 6 on page 73:

  1. The State must treat de minimis the State’s concern for the child’s best interest over the Fundamental Liberty Interests of fit parents.
  2. The best interest of the child standard is overly broad, arbitrary and capricious.
  3. According to the American Bar Association, the best interest of the child standard requires Divorce Court Judges to predict the future.
  4. The Divorce Court can-NOT act in the child’s best interest when it denies the child’s constitutional rights.
  5. The State has a legitimate parens patriae interest where there are NO fit parents.
  6. Equal, shared parenting time is NOT harmful to the child.
  7. The Federal Government pays the States to treat parents unequally.

Join us in our next webinar to hear more about “What can I do when my child is being used against me”: and be entered in a drawing to win a free book.


When you attend these webinars you can learn more about how you can get better results by changing how you are approaching situations with the other parent.

You can learn more about how to reason through your rights and protect your rights in our books and courses. Click at the top on Store and you will find the books and training tabs. The book teaches you your rights and the training courses teach you how to argue them like I demonstrated above.]

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Come back to this blog every day this year and you will find another valuable tool posted to help you protect your family, your hard-earned money, and your ability to continue to pursue your life dreams with your child by your side.

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: (@fixfamilycourts)




Disclaimer: I am NOT an attorney or a lawyer. I do NOT practice law in any federal or State court system. Any information provided by me to you, regardless of how specific, is NOT intended to be legal advice under any state or federal law. I provide research, written strategies, and non-professional personal opinions on the Constitution and State laws as free exchange of politically important information that also serves an important public need and interest allowed under the First Amendment. You are highly encouraged to engage an attorney in your State to help you with the specifics of your legal issues and the law in your State. If you are a pro se litigant then you bear all and full responsibility for understanding the law in your state and acting under the law in your state. Nothing you receive from me is intended to be a “legal” document for purposes of any type of filing in any court. You are free to use my words for your personal non-commercial benefit, or as an aide in petitioning your government for redress of perceived wrongs, if properly cited where appropriate. YOU TAKE SOLE RESPONSIBILITY FOR ANY LEGAL ACTIONS YOU PURSUE AND THE RESULTS THAT YOU GET. I BEAR NO RESPONSIBILITY FOR YOUR RESULTS. MY OPINIONS ARE NOTHING MORE THAN MY PERSONAL NON-PROFESSIONAL OPINIONS OR BELIEFS. I MAKE NO CLAIMS OF LEGAL COMPETENCY IN THE LAW UNDER ANY GOVERNMENT STANDARD OF COMPETENCY IN THE LAW.


The information provided above is not a substitute for the advice of an attorney. You should consult an attorney regarding your rights under the law.