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We have comprehensive federal research and significant state research. We have well-developed and fully cited argument that will help you hit the ground running in defending your client’s constitutional rights in your family law case. You know there are significant problems in family law, we expose the root cause of these problems and provide solutions you can use in court this afternoon.

If you aren’t using these arguments, or at least discussing these arguments with your client, you are NOT performing your due diligence in protecting your client’s rights.

Beginners Guide to Family Law 300

Open Letter to the American Judiciary

It is undeniable that the American judiciary, both state and federal, is imposing unconstitutional eighteenth Century values and beliefs on our children. These are the same values and beliefs that underpinned the bastardy codes of that century and our fifty state family codes are the last vestiges of these bastardy codes. The courts continue to punish innocent children with loss of fundamental rights for the perceived sins of their parents, just as the bastardy codes did before the family codes and for the exact same reasons.

It is axiomatic that violations of First Amendment rights for even short periods of time constitute irreparable injury, yet courts continue to subject children to viewpoint based prior restraints on their intimate and expressive, close family, parent-child speech, association, worship, and privacy rights claiming broad discretion to do so in support of a merely “substantial” governmental interest, the State’s viewpoint of a child’s best interest. Courts are exercising this unbridled discretion to impose punishment on parents who exercise their constitutional rights in a manner the State and the judges disfavor. The choice to dissolve the intimate and expressive marital association is a privacy choice protected by the First Amendment that cannot be punished with loss of child custody rights, yet trial courts punish parents with loss of child custody rights every day justified by nothing more than parents exercising the constitutionally protected right to divorce and the federal courts look the other way with a wink and a nod.

The rights being infringed are individual rights. These individual rights are being infringed under the unconstitutional eighteenth Century belief that parental rights and rights of the child derive from a marriage between the child’s parents instead as of a natural right of individuals that obtains federal constitutional protection the moment a natural parent steps forward, takes on parental responsibilities, and forms a parent-child association with the child. Divorce courts presume away these fundamental individual rights with absolute and utter disregard for the individual nature of the rights upon nothing more than divorce between parents or a choice of the parents NOT to marry.

Open Letter to the American Judiciary

It is undeniable that the American judiciary, both state and federal, is imposing unconstitutional eighteenth Century values and beliefs on our children. These are the same values and beliefs that underpinned the bastardy codes of that century and our fifty state family codes are the last vestiges of these bastardy codes. The courts continue to punish innocent children with loss of fundamental rights for the perceived sins of their parents, just as the bastardy codes did before the family codes and for the exact same reasons.

It is axiomatic that violations of First Amendment rights for even short periods of time constitute irreparable injury, yet courts continue to subject children to viewpoint based prior restraints on their intimate and expressive, close family, parent-child speech, association, worship, and privacy rights claiming broad discretion to do so in support of a merely “substantial” governmental interest, the State’s viewpoint of a child’s best interest. Courts are exercising this unbridled discretion to impose punishment on parents who exercise their constitutional rights in a manner the State and the judges disfavor. The choice to dissolve the intimate and expressive marital association is a privacy choice protected by the First Amendment that cannot be punished with loss of child custody rights, yet trial courts punish parents with loss of child custody rights every day justified by nothing more than parents exercising the constitutionally protected right to divorce and the federal courts look the other way with a wink and a nod.

The rights being infringed are individual rights. These individual rights are being infringed under the unconstitutional eighteenth Century belief that parental rights and rights of the child derive from a marriage between the child’s parents instead as of a natural right of individuals that obtains federal constitutional protection the moment a natural parent steps forward, takes on parental responsibilities, and forms a parent-child association with the child. Divorce courts presume away these fundamental individual rights with absolute and utter disregard for the individual nature of the rights upon nothing more than divorce between parents or a choice of the parents NOT to marry.

State courts regulate domestic relations as if judges were executive officials. State court judges rubber stamp their executive actions as being constitutional without applying any constitutional review whatsoever. The result is that parents are denied access to a neutral and impartial judicial decision-maker because judges choose to make the policy choices and then declare their policy choices to be constitutional. Federal courts, for their part, refuse to protect the rights of parents or their children by absolutely denying them access to the federal district courts to challenge the state’s policy choices, claiming that because so called “neutral and impartial” judges make the policy choices, the choices are exempted from federal court adjudication, even though state court judges enter every child custody proceeding predetermined to act in the interests of a third-party non-litigant against the federal rights of the litigants. State judges violate their federal duty to protect the rights of litigants and federal courts look the other way, making them absolutely complicit in this unconstitutional state scheme.

Constitutional Scholars Inc. and its division Fix Family Courts were established for the specific purpose of correcting this unconscionable injury state court judges inflict on our nation’s children under the false claim that they are acting in the child’s best interests. The purpose of this open letter is inform the judiciary that these civil rights issues are becoming widely understood by parents all over this country and that these parents are fed up with the judiciary’s persecution of their rights. In this regard, we are educating parents on the following issues and want the judiciary to recognize that now is the time to clean its own house before the people clean it for them.

What people need to know about child custody suits in America

The first thing you need to know about parental rights in the 21st century is that your rights as a parent are “individual” rights and your child’s rights to you as a parent are individual rights. These rights are individual in the sense that your rights aren’t protected because you were married before you had your child. Your rights do NOT gain protection when you marry the child’s other parent. Most importantly, you do NOT lose your individual rights when you choose NOT to marry your child’s other parent and you do NOT lose your individual rights when you divorce your child’s other parent. Your individual rights begin as individual rights and they survive divorce 100% intact as individual rights.

The second thing you need to know about parental rights is that your State’s entire family code is written from the first word under the false presumption that your rights are tied to a marriage between you and your child’s other parent and that your failure to marry your child’s other parent or your choice to divorce your child’s other parent is all that is required to make your individual rights disappear into thin air. This is an absolutely false, unconstitutional, and illegal presumption. Nevertheless, that is exactly what your State’s family code is based on.

It is vital that you realize that your parental rights to your child and your child’s rights to you are “natural” rights that are NOT the property of the State to “grant” or “assign.” There exists no authority of any kind whatsoever for any state to “grant” natural rights to a natural parent. Parental rights existed long before any organized government of any kind ever existed. Parental rights existed ten-thousand years ago. They are NOT a creation of the State. The State merely attempts to monopolize these rights as a way to control and manipulate people.

Your natural parental rights are protected by our constitution because they are natural rights and because they are essential to the continuance of our society as we know it. It is through the natural parental right that children are raised and taught to be valuable productive members of society able to stand with others to defend freedom and able to engage in all the aspects of civilized life. The State is entirely incapable of performing this role. Judges are completely and hopelessly inept at being Super-Parents and they reject absolutely all accountable for their abject failures when they attempt to be Super-Parents. Only a fool would ever trust a person who demands absolute judicial immunity even from the intentional and malicious injuries they cause our children.

Your natural parental rights become inalienable to you, and provide guarantees to you, the moment you take on parental responsibility for your child and establish a parental relationship with your child. From that moment on, the State carries the heavy burden of proving it is justified in violating your natural parental rights. No judge may legitimately presume away your parental rights either from divorce or from any other source including presuming a parent to be a danger to their own child. No judge can limit your parental rights unless the State first overcomes this burden of proof by introducing evidence into the record to meet that burden. No judge can ever meet this burden on behalf of the State were that judge is acting under authority of statutory law. Yet absolute judicial immunity protects them as they impose these crimes on millions of children and their parents.

Your judge may claim that they can presume your State’s statutes to be constitutional. This is a bold lie cloaked inside a half-truth. There are rights and there are fundamental rights. The State may presume authority to violate regular “rights” and the burden is on you to prove they did so unconstitutionally. The State may NOT presume authority to violate “fundamental rights.” Where your rights are fundamental, the burden is on the State to prove in each unique case under each unique set of facts that it has authority to violate your rights. The proof can only be established where the State appears as a party in your suit by establishing standing to do so and presents its evidence to overcome its burden of proof where you may confront the State’s agent and cross-examine that agent’s testimony.

Your judge cannot appear as a litigant in your case nor can your judge testify in adversity against you. If your judge does so, your judge becomes a party in adversity to your interests and is no longer a neutral and impartial decision-maker. You have a fundamental right and your child has a fundamental right to a neutral and impartial decision-maker who is independent from the State’s policy choices regarding your parental rights and your child’s rights to you. YOU MUST ASSERT THIS RIGHT PROPERLY OR YOU LOSE IT.

You further have the right to a reasonable assurance that the decision-maker in your case is NOT predisposed to rule against your interests. In child custody cases, the judge enters the proceedings having already determined to act as the State’s agent in protecting the State’s viewpoint of what is in your child’s best interests. If your judge claims the purpose of your trial is NOT to adjudicate your fundamental rights as a parent but to decide what is in your child’s best interests, your judge is telling you that he or she is biased and prejudiced against your federal rights because your judge has predetermined the outcome of your trial. The predetermined outcome is that the judge will act in his or her own viewpoint of what is in your child’s best interest and there is absolutely nothing you can do to challenge this state judicial action against your fundamental rights except to take bended knee and beg your judge to discriminate in your favor against your child’ other parent and against your child’s rights.

Because your parental rights with your child are based upon the parental relationship with the child, parental rights are protected by the First and Fourteenth Amendments as rights of intimate and expressive close family association. Why is this true? Because yours is the duty as a parent to teach your child how to become a responsible adult and only through associating with and teaching your child both formally and through the examples you set in the routines of every-day living can you accomplish this duty. Where the State takes away the time you can spend with your child, the State takes away your speech in formally educating your child and takes away your expression in conveying your living values through the example you express through the mundane routine activity of daily life.

Your First Amendment rights establish mirror image rights in your audience called concomitant rights. Your right to speak is mirrored in your audience’s right to receive your speech. Your right to teach is mirrored in the student’s right to learn. Likewise, your parental rights establish your child’s mirror image right to be protected by those parental rights. Your right to make care, custody, control, and companionship choices for your child establishes the mirror image right of your child to be in your care, to be in your custody, to be under your control, and to enjoy your companionship. Every right you enjoy as a parent establishes a concomitant right for your child. When a state court judge violates your rights as a parent, that judge violates your child’s right to have you as a parent.

It is well-established axiomatic law that when the State unconstitutionally violates fundamental rights, the State irreparably injures the person whose rights it violates. It is axiomatic that when the State limits or alters fundamental rights without first affording the individual all the constitutional guarantees they are entitled to under any given set of facts and circumstances, the State acts unconstitutionally. Consequently, when the State violates your parental rights without affording you all the protections the First and Fourteenth Amendments provide, the State violates your rights, the State violates your child’s rights, and the State irreparably injures you and your child.

It is unreasonable for any judge to assert that they act in your child’s best interests when they violate your child’s fundamental rights.

Your judge is a fraud and brings shame to the judiciary where your judge so easily disposes of their neutrality and independence to do the legislature’s dirty work of irreparably injuring children. State court judges quite literally abuse our children when they violate our children’s fundamental rights. Make no mistake, every child custody suit decided by a best interest determination is a child custody suit where a child’s rights are unconstitutionally violated and where a child is irreparably injured by a state court judge. It is an inescapable fact that judges are injuring our children intentionally, maliciously, and for their own personal gain, or in the alternative, out of profound ignorance of the law.

State court judges who claim that they can legitimately violate core fundamental rights through the use of broad authority justified by a “substantial” government interest are either telling one of the world’s biggest lies or they are haplessly ignorant of the law. Either way, they should be removed from the bench for their illegal actions.

We at Constitutional Scholars Inc. and Fix Family Courts call on every self-respecting American judge to put an end to this judicial war against American children. We call on you to stop this senseless punishment of American children for the marital sins you believe their parents have committed. The courtroom is a sacred place that is NOT to be used to to impose punishment on parents for their otherwise lawful and constitutionally protected choices which the judge happens to disfavor.

NOT A SUBSTITUTE FOR AN ATTORNEY