The first brief has been filed.
You can get a copy of this brief filed on February 22, 2016 here: Declaration Judgment Brief Page (Protect your parental equality with this brief. This brief is 115 pages of argument regarding best interest of the child, child support, shifting the burden of proof from you to the state, undue burdens, exploratory searches, illegal seizures, unequal application of the laws, improper due process, and much, much more.)
Click on the Declaratory Judgment Brief page link above for a copy of the brief filed in the declaratory judgment case in Texas. The basic arguments in this brief can be conformed to your state to challenge any unconstitutional statutes. Your contribution helps us continue to do research and educate others on how to fight for their rights and make arguments available for every state! But yes the majority of the argument can be used for your state now. The specifics to the statutes are what change according to the way that your statutes are worded and being used.
What happens next with the Texas declaratory judgment brief? We are waiting for the federal court to rule. The time has passed and all the briefs and responses are in as of April 2016.
Now that the complaint pleadings have been filed and proof of service has been perfected, we are waiting for the responses from the defendants.
We expect that the defendants will do everything they can to try and get this kicked out from being heard. We are prepared to respond with just as much kick. The federal court can also file an opinion even before the defendant’s respond if they want to kick this out. We don’t expect that to happen. But we are prepared to adjust what we need to and even file again if necessary. Our children and our families are far too important to drop this issue and not know what rights each of us has in the face of the abuse of power that we have all been plagued with when we found ourselves in divorce or a non-marital relationship that didn’t work out.
We feel that we all are entitled to know where we start with our rights and not be subjected to the unrestrained power that the family courts have led us to believe that they have.
Save this page and check here: blog for updates.
Here is an example of the Texas Declaratory Judgments chapter 37:
“Sec. 37.002. SHORT TITLE, CONSTRUCTION, INTERPRETATION. (a) This chapter may be cited as the Uniform Declaratory Judgments Act.
(b) This chapter is remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered.
(c) This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.”
You are asking for the court to recognize that the supremacy clause of the Constitution be applied in your case. You are asking the court to recognize that there are federal laws that are superior to state laws and when applied first resolve the conflict between choosing one parent over the other without proper grounds, and that this law must be applied first.
Here is another section from Chapter 37 of the Uniform Declaratory Judgment Act from Texas:
“Sec. 37.004. SUBJECT MATTER OF RELIEF. (a) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
(b) A contract may be construed either before or after there has been a breach.”
If you don’t know how your rights work and what they are get the book, “NOT in The Child’s Best Interest at www.fixfamilycourts.com/books or go to Amazon here and order it now so that you can read through it over the holiday and be ready to empower yourself in the new year by understanding how to stand up to their wrongheaded thinking that has been depriving you and your children.
After you learn these rights you will be ready to prepare yhttp://www.amazon.com/1489520562our declaratory judgment and confront your attorney and your court with these issues in a formidable and coherent way that actually resolves many of the issues that have caused unnecessary prolonged unconstitutional litigation over the last several decades.
If you have questions about this approach please send us your questions through the website at: http://www.fixfamilycourts.com/contactus/
*Nothing on this page is intended to be a practice of law. We do not claim that any of our materials are in proper legal format or meet any legal standards.
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