Are family law attorneys violating their ethical requirements when they refuse to protect your constitutional rights? Can they be punished or sued for this? The American Bar Association provides a set of rules for attorney professional conduct. In its preamble it lists a lawyer’s responsibilities that says. “[2]… As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications.”

Are judges violating their oaths to the Constitution when they deprive you of your rights as a fit parent? All judges are required to take an oath of office and swear to place the Constitution above everything else [i]. This oath makes it a legal obligation of every judge to place the U.S. Constitution over any and every state statute.

The Supreme Court said over 200 years ago in Marbury v. Madison that the Constitution is the supreme law of the land and any law that violates the constitution is void, “Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.” The Supreme Court in this same opinion said that the judge’s oath of office gives them, all judges, authority and a legal duty to declare any state statute void where it violates the Constitution. In fact, the court in Marbury says that it would be a crime for a judge to be barred from acting on this oath [ii].

Many judges and attorneys will tell you that only Appellate Courts can declare a statute void as being unconstitutional but they are either ignorant of this case—one of the most important cases in our country’s history—or they are intentionally misleading you to protect their own interests. Where they place their interests over your constitutional rights they are violating their ethics as an attorney and their oath as a judge.

When your rights are violated by a judge, the appellate courts will first look to see if you raised an objection to the violation in the hearing. In some cases, they may refuse to hear your appeal if you did not object properly in the hearing. Where your attorney tells you that you should not raise constitutional rights at the trial court, they are placing you at some extra risk of not being able to appeal your constitutional rights.

Why do the appellate courts do this? They do it because they say the trial court must be given the opportunity to rule on the violations before they are appealed. If the trial court did not have authority to declare a statute void as unconstitutional then why would the appellate court have these rules?

If your attorney refuses to make your constitutional objections at the trial court, not only are they violating their ethical duty to inform you of your rights but they are also potentially providing ineffective assistance of counsel. This gives you a difficult but possible avenue for appeal. It also gives you a potential avenue to sue your attorney for malpractice. However, it is incredibly difficult to find an attorney who will sue another attorney.

If your attorney tells you that you do not have parental rights, respond with this. “The United States Supreme Court said in Troxel v. Granville, 530 US 57 – Supreme Court 2000, “In light of this extensive precedent, it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children.” What exactly is it that takes this right away from me in divorce? What exactly is the due process that allows the court to violate my rights? Why will you not protect my right to due process? These rights have been well established at least since 2000. Why are you allowing the other side and the court to violate my well established rights?

Look to further posts to provide additional arguments of this type.




[i] Article VI of the U.S. Constitution: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.





[ii] Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?

If such be the real state of things, this is worse than solemn mockery. To prescribe, or, to take this oath, becomes equally a crime.

    0 replies to "You trusted your attorney and you lost!"

    • melissa

      My name is Melissa, I live in stark county ohio, the courts took my 13yr old daughter and put her in the hands of my ex abuser. The courts wont even hear her and she’s 13yrs old. She was willing to go to DH before her fathers. He has a criminal history of violence, no job, ever…dropped out of school in 7th grade, is in an abusive relationship and my baby is scared. We have been separated 12 yrs. I left to protect her and out of know where when she was 8 he came along filed for custody and won, even tho I never did drugs, or drank, didn’t have any “unfit” reasons to lose her, all she knew was me, I raised her alone with no child support or help and he took her. Ive been fighting to get her back for 7 years. He just took her after threatening her in front of police and the judge made her go with him again? His moms husband used to work in the courts, his girlfriends aunt used to work there and his uncle is a state highway patrol. I’m spending more than I have to protect her and they keep giving me the run around or blaming me for being back in court, even though he keeps her from me on my days,  even kept her 3 months this year. I couldn’t call text or see her. He harasses me, he hacked my facebook and posted as me, he signs me up for dating websites, he threatens any guy I talk to but he’s engaged. He puts my child down, calls her fat, ugly, pysco, crazy and the list goes on. He physically hits her and threatens to hit her. The courts never make him take pysc evals but they make me, even though I pass, I comply with all counseling request, he does not comply with any of their requests. He threatened to have my child locked up if she wouldn’t come with him even though she was screaming in court how scared she was. The magistrate told her to behave and she wont need to be scared! Then ordered officers to make her go. Told me I cannot see her or even call or text her for 2 weeks until we go back to court. This was after we had a emergency hearing today and we now have a trial Aug 25th. We never had any deposition hearings or pretrial because they want us to not be prepared. I seen you article and I really need help please. 

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