Know Your Rights

As an American, as a legal resident in America, and as an illegal immigrant on American soil, it is important to know your rights. The protection of the United States Constitution is NOT limited only to American Citizens. The vast majority of its protections apply generally to the individual. Only a small number of protections are singled out only for citizens. To be fair, illegals receive only limited protections, but they are NOT without rights nor is anyone else in this country, not even convicted felons.

For those people who want to defend themselves from an overbearing government encroaching ever deeper into our private lives, it is important to understand the legal limits on government encroachment. Governments will tend to accumulate as much power as the people will submit to either willingly or by force. If you want to remain a free country you need to know when and how to tell the government this is the Line and you Shall go No Further.

This site is dedicated to helping you know your rights generally even as it focuses on parental rights and the rights of the child.

Divorce and Child Custody Home

This site is a repository for rights based information. It is primarily focused on Divorce and Child Custody issues but also many other topics. Know your rights in Family Law:

  • knowing that your parental rights come from the First Amendment
    • Knowing that your relationship with your child is protected by the First Amendment as both an intimate and as an expressive association
    • Knowinng that your child’s rights to you are concomitant, or a mirror image of your rights over them. You have a right to custody over them. They have a right to be in your custody
  • knowing that the Fourth Amendment protects you from child support, from family studies, and from all broad-based exploratory searches into your private life or the private lives of your children
  • knowing that the Thirteenth Amendment protects you from being forced to work for the benefit of another person which implicates alimony, spousal maintenance, child support, and especially child support of a child over eighteen.
  • Knowing that the Fourteenth Amendment protects you from actions of your state in terms of:
    • Substantive rights – those rights which the government cannot violate at all unless substantive rules are satisfied
    • Procedural rights – your right to a fundamentally fair process anytime the state limits your rights
    • Equal protection rights – your right to have the same rules applied to your civil case as are applied to all civil cases generally unless equal protection rules limiting classifications are met
  • Knowing that the Supremacy Clause of Article VI demands that your judge protect your federal rights before taking any actions under a state policy, such as your state’s best interest of the child public policy, that would limit your fundamental rights
    • Knowing that your state judge has federal jurisdiction and a non-discretionary duty to exercise that federal jurisdiction
    • Knowing that federal jurisdiction imposes on your state judge the federal public policy duty to protect your constitutional rights NOT the judge’s viewpoint of your child’s best interest
  • Knowing that your rights to make care, custody, and control decisions for your child are privacy rights which arise from the First, Fourth, Fifth, and Fourteenth Amendments
    • Knowing that the same privacy rights that guarantee a woman’s right to choose an abortion must also protect a fit parent’s right to make care, custody, and control choices for their living children

Our Bill of Rights creates a comprehensive personal shield of protection around you as an individual and around your child as an individual. It does NOT protect the traditioal nuclear family as an entitiy but only as a collection of individual rights to form and maintain association pairs between two individuals.

Your relationship with the child’s other parent is one association pair whether you are married to each other or not. That pairing cannot convey any authority over the individual pairing of each parent with each child. Your judge must protect the individual rights and each association of two individuals, NOT the nuclear family.

Your child’s right to an association with you is protected from government invasion by your constitutonal right to make association choices (care, custody, and control choices) for your child. Where your judge violates your right to care, custody, and control over your child, your judge violates your child’s First Amendment rights to concomitant association with you and the protection from unwarranted government interference into thier private lives that your rights provide to the child. To be valid, any such interference must be justified under substantive rules, applied in fundamentally fair processes, that are the same for all civil litigants

Your judge cannot violate your parental rights without violating the child’s civil rights. No state official can claim to be taking state action for the benefit of a child if that state official violates the child’s civil rights in the process. It cannot be in your child’s best interest for a judge to violate your child’s civil rights.

When you know your rights at this level, your judge will know you mean business. Now get the tools to make your judge listen to what you have to say.

Divorce and Child Custody in America

Your best source of divorce and child custody information in America. The information on this site is specifically designed to disrupt current practices in child custody suits that pit one fit parent against the other fit parent in a winner takes all contest that is designed only to make attorneys richer and to justify having more judges in your county than is justified. You can break that cycle and do what you know is in the child’s best interest which is NOT to allow a government official with absolute immunity who suffers no consequences for destroying your child’s life to decide what is best for your child.

Your judge simply does NOT care what is best for your child. Your judge cares about what is best for your judge, about what is best for his or her attorney buddies, about what is best for other so called professionals who feed at your judge’s slop trough, about the system that pays and elevates the judge, and about his or her state getting its slice of the 4 billion dollar a year Title IV-D kickback that comes from separating your child from one of its fit parents. You need to know and to deeply understand that when your judge claims to be acting in your child’s best interests, he or she is lying to you.

They make you believe that your ex is the enemy and while there may be a grain of truth in that lie, your ex is NOT the real enemy. While your ex may want to hurt you, they have very little real power to do so. It is your State government and your judge who have the real power to hurt you and they are determined to hurt you because the federal government pays them a slice of Title IV-D money to do it. While you are looking the other way, focused on defending against your ex, they are free to utterly destroy your life and take everything you have from you.

This site is designed for those parents who want to take their power back, for parents who want strategic solutions and well-crafted tactics to resolve specific issues, and for parents who know that it is the parents, not a government functionary, who best decides what is best for your child, even when the parents disagree..

First Amendment Issues

Do you know your rights under the First Amendment?

Did you know that feeding a homeless person in a public park is protected by the First Amendment?

Did you know that your rights as a parent are protected by the First Amendment?

The First Amendment provides a broad range of constitutional protections throughout all aspects of life.

Feeding People – First Amendment Right

It is our position that feeding people is a First Amendment protected right not only as a right of expression but as a right of association for the purpose of establishing and deepening intimate and expressive associations by individuals, by individuals within organizations, and by organizations.

The sharing of bread and wine is the most basic means of establishing associations that predates formal law and that even predates human speech. The behavior of sharing food to establish stronger bonds can be observed as a survival strategy in many types of animal species. 

9 First Amendment truth bombs for Family Court Judges

The First Amendment is a core tool in overturning the intentional and irreparable harm that unaccountable judges, who are protected from their intentionally malicious violation of our children’s constitutional rights by absolute judicial immunity, cause our children every single day.

 

9 First Amendment truth bombs for Family Court Judges

The First Amendment is a core tool in overturning the intentional and irreparable harm that unaccountable judges, who are protected from their intentionally malicious violation of our children’s constitutional rights by absolute judicial immunity, cause our children every single day.

 

Reading the Constitution

Reading the constitution isn’t a simple matter. Sure the words are easy to read but deciding what they mean can be a challenge. We start from the position that the people who fought for freedom in the Revolutionary War and then created our constitution recognized the need for government while also recognizing that the only thing more dangersous to freedom than government is anarchy. For that reason, they attempted to establish a system under which freedom could flourish while government remained small and limited. The constitition is about preserving and enhancing freedom.

If you want to understand how the constitution is read and understood by judges and legal scholars, this article on what the constitution doesn’t say is a great starting point.

Federal Appellate Courts

Information about the federal courts including a map showing which is the appellate court for your state.