10 Divorce Facts about the Family Courts Your Attorney Won’t Tell You…

We can all readily find information about the statistics on the liklihood of divorce and who is more likely to get divorced:

2008 voter data shows that “red” states (states that tend to vote Republican), have higher divorce rates than “blue” states (states that tend to vote Democrat).

The Barna Research Group measured divorce statistics by religion. They found that 29 percent of Baptists are divorced (the highest for a US religious group), while only 21 percent of atheists/agnostics were divorced (the lowest).*

But what about the things that happen in divorce that your attorney doesn’t want you to know about, like the things that there are no statistics about but it is happening so often that it has become the norm?

FACT: Family Courts are run unconstitutionally, without proper due process, and without respecting the civil and Constitutional rights of parents every day.

This has caused millions of children to be stripped from fit and loving parents and to miss out on the benefit of seeing extended family members like siblings, grandparents, aunts, and uncles.

FACT: Under the Constitution, as well as U.S. Supreme Court case law, Family Court judges have no legal authority to assign custody of a child or terminate any parental rights without “clear and convincing evidence” (a high standard) that a parent is harmful to a child.

Not using proper standards has caused parents to beat each other up unnecessarily, live in fear, and develop severe anxiety and PTSD.

FACT: A showing that a parent is unfit is required to terminate any parental rights, including placing you as “visitor”. Even if “unfitness” is proven in the case of fundamental Constitutional rights, judges are required to take the minimum possible steps to protect the child without infringing on these rights. Clearly this is not done with instant and boilerplate “visitation” that partially and unethically remove one parent from a child’s life.

This has caused children to be insecure in not knowing when they will see each of their parents. This has allowed the courts to make egregious errors in their custody orders where they practically eliminate one of the parents based on nothing more than empty accusations.

FACT: The Supreme Court stated that “liberty interest of parents in the care, custody, and control of one’s children is perhaps the oldest of the fundamental liberty interests” recognized by the U.S. Supreme Court, Troxel v. Granville, 527 U.S. 1069 (1999).

FACT: The Supreme Court stated that the companionship, care, custody, and management of a parent over his or her child is an interest far more precious than any property right, May v. Anderson, 345 U.S. 528, 533, (1952).

Yet this will be denied to you.

FACT: The parent-child relationship is an important interest that undeniably warrants deference. Lassiter v. Department of Social Services, 452 U.S. 18, 27 (1981).

FACT: The divorce court is run for the ease and egos of judges and to maximize the money that lawyers make by separating the parties and causing as much fighting as possible. The “best interests of the children” is a distant third priority.

FACT: Family court judges do not care what the law says and will do whatever they want because they have legislated themselves near total immunity. You only have the rights that you demand and show you are willing to fight for by calling that judge to task with hard evidence, case law citations, judicial complaints, and suits in federal court.

FACT: The U.S. Constitution, U.S. Supreme Court, and State Constitutions trump any lower laws. This is the law of supremacy. Ignoring these higher laws is a violation of their oath of office.

FACT: Under the Constitution, no state is allowed to make any law that takes away fundamental constitutional rights of “We the People” and there is enough Supreme Court case law to choke a horse on parental rights.

My advice to parents in the system is to KNOW YOUR RIGHTS and ask your attorney to advocate for them. I do not want any parent to suffer the way I have been for so many years, missing my precious son’s milestones and life. My fifth grader doesn’t even remember when I was in his life, each and every day.

I would not be writing this post if it were not for Ron B Palmer and Sherry Palmer. They authored “Not in the Child’s Best Interest” and took painstaking measures to help parents all over. You can find their book on Amazon. The best 35 bucks you will spend, about as much as your lawyer will charge for reading an e-mail. 

This post was written by Monica Szymonik, author of “Broken System, Broken Heart: The Soup to Nuts Guide to Protecting Your Health in the Aftermath of a Custody Battle” and Sherry Palmer, co-author of the book, “NOT in The Child’s Best Interest.”

 

DISCLAIMER: We are not attorneys. We do not practice law. This information is not a substitution for an attorney.
Resources:
  1. http://www.cdc.gov/nchs/nvss/marriage-divorce.htm
  2. The Barna Research Group – A representative from Barna also pointed out the atheists and agnostics have lower rates of marriage and a higher likelihood of cohabitation, a combination of behaviors that distort comparisons with other segments. https://www.barna.com/research/new-marriage-and-divorce-statistics-released/#.V-ZgAPArJhE