I just attended the TFRM expert panel discussion in Las Vegas and a question was asked, “What is the definition of best interest?”
The general consensus is that it is an undefined term which it is, but that is not the most powerful answer for you. You need a much better response for your personal case, and I will tell you exactly what the definition is.
As with any term, there are slightly different definitions based on context. I will provide you with three definitions, each of which you need to get into the record of your case if you want to avoid getting devoured by the sharks.
1. When a family law judge limits your rights by making a best interest determination, the Court’s best interest determination is an unconstitutional form of viewpoint discrimination, regarding matters of conscience in child-rearing, impermissibly used by the court to violate fundamental constitutional rights.
2. When you, or the other parent as parents, make a best interest determination for your child, your best interest of the child determination is a constitutionally protected privacy choice regarding matters of conscience in child-rearing that is derived from your deeply held convictions regarding every single aspect of one’s private life and as a specific expression to your child of what you as an individual hold to be valuable and meaningful in life.
3. When a government agent, in the absence of fit parents, makes a best interest of the child determination, that best interest of the child determination is a governmental policy choice that, as with every governmental policy choice, must not violate the constitutional rights of the child.
Best Interest Invokes First Amendment Rights
First Amendment rights are one of the most strongly defended right we have. When an attorney only argues your parental rights as liberty interests, you lose strength in your argument. These three definitions are very powerful because they invoke First Amendment protections of privacy and conscience. These are among the most powerful protections we as Americans have, and it is vitally important that we demand that family law courts recognize and submit to our constitution. These judges swear an oath to support and protect this constitution. If they are going to violate their oaths and choose to be lowlife scum, then we must make their oath breaking highly visible and make it impossible for them to avoid the disgrace of their own action.
The government has zero legitimate authority to override anybody’s choices regarding matters of conscience. The right of conscience is absolutely protected and the government has zero justification for ever depriving any person of their right of conscience.
You and your child share intimate and expressive, close family, parent-child rights of speech, association, worship, and family privacy that receive First Amendment protection.
When any court seeks to violate these First Amendment rights based on the content of speech, the content of association, the content of worship, or the content of shared family intimacies, that court is required to justify the violation to the highest constitutional standards that exist. These are called content-based limitations on First Amendment protected rights.
Viewpoint discrimination is a particular type of content based discrimination that the Supreme Court considers the worst kind of content-based discrimination and the most disfavored, requiring the absolute most protection.
When you frame the best interest of the child determination in these terms, you put your judge in a constitutional vice. Any halfway intelligent judge will know instantly that they are done. The good judges will find a way not to violate these rights. Most will simply ignore your framing, hoping that you will not appeal. If you are fighter, these are the winning blows. If you are not, then play their game.
If you are lucky enough to have honest ethical appellate courts, then they will tell the trial court that it cannot violate First Amendment rights based only on their own viewpoint. Force the trial court to justify its violations as the constitution demands.
If you have unethical and dishonest appellate courts, they will either attempt to weasel their way out of this well-settled law or they will simply say that the constitution doesn’t apply in family
How Do You Stop Judges from Playing Super Parent?
A judge will happily take over and decide the best interest of your child for you. If you and the other parent are not getting along and you run to an attorney without knowing this information, you are going to be placed before the court to be used how the court chooses. This means if the judge wants to spend your money and tell you what you can and cannot do with your child, they will, and you will not have any power to do anything about it. All the money in the world does not solve this problem. Asserting your rights does not mean that you can control whether the judge abuses his/her power. It means that you will actually have something you can use to fight back. This battle is not about whether you have a sure win. You don’t even have a sure win in child custody even when you have the truth on your side, even when you jump through all the hoops the court demands and imposes on you.
Either way, forcing the judge to address these violations sets you and others up to take these issues all the way to the United States Supreme Court. Imagine how hard it will be for any attorney to stand up before the United States Supreme Court and claim that the constitution doesn’t apply because the state hates divorced parents and their children. However, many parents and children are winning right now using our arguments. Every little bit you win helps. You can defeat a gag order, eliminate supervised visitation, restore your time with your children from a previous order, get rid of temporary orders, and reduce expenses. Save money, reduce stress, and rebuild your life sooner.
These are the kinds of arguments that bring about profound change in our legal system. We have to expose the pure evil these judges are doing every day in legal terms that ultimately cannot be avoided by the Supreme Court. It takes courage and bravery to face the intimidation and bullying. We provide you with the cape, you just have to wear it and use the powers you gain with this information.
Parents need to raise these arguments in all fifty states and expose this corruption in these legal terms so that the Supreme Court will be forced to say once and for all whether divorced parents and their children are protected by the United States Constitution in divorce court.
The third definition applies to CPS cases. The Supreme Court has already ruled that government officials may not violate the child’s constitutional rights when they make best interest determinations for children in their care. It simply cannot ever be in a child’s best interest for a government official to violate their constitutional rights.
You can learn more by becoming a member where you will have access to what the attorneys have been hiding from you. This is how you start winning! The information to empower you is right here. You just have to click one button to open up the possibilities to how you can live your life again.
There is a lot of First Amendment information in this book. And you can read it in the membership site and take the online courses, for no extra cost! We know that you are strapped for money. We know how this process drains your resources. The process is designed to do that. It’s not too late if you are still in the middle of your suit, there may be ways to turn things around. I know my wife, Sherry Palmer, did, and she had fewer tools than you do now. It took her 17 months, but she did prevail. You just need the right strategy and wallah you might start seeing a difference too. Sometimes it’s just knowing what to expect that helps you make the right choices. Get a membership today and start exploring the possibilities. Take your life back from the lawyers, the judge, and your ex.