Monthly Archives: January 2015

Daily Tool: Testifying at Town Hall Meetings and Congressional Hearings2

TOOL OF THE DAY: Testifying at Town Hall meetings and Congressional Hearings CATEGORY: Family Law Legislative Reform If you had an opportunity to speak to your congress or your supreme court justices, what would you say? This post helps you with that. If you’ve been hurt by family court how do you address this and overcome…

Continue Reading →

Daily Tool: Basics for Framing Your Case when there is Parental Alienation

TOOL OF THE DAY: Basics for Framing Your Case and Preserving Error when there is Parental Alienation CATEGORY: Family Law It shocks me that parents have been so passive for so long about a court ripping your child from you. If parents knew what to do, I don’t think that they would be such easy prey.…

Continue Reading →

Daily Tool: Judicial Notice

TOOL OF THE DAY: Judicial Notice CATEGORY: Family Law Definition Judicial notice is a term used to enter evidence in bulk and to save time. It is not the same thing as entering your exhibits in bulk during trial, since you still have to use your exhibits to prove something in your case. When you take…

Continue Reading →

Daily Tool: Protecting Your Child During and After Divorce

TOOL OF THE DAY: Protecting Your Child During and After Divorce CATEGORY: Family Law Protective parents are feeling frustrated and powerless. Let’s take a look at what some are considering protective. “It is my job as a father to protect my son. I don’t agree with the mother’s decision to take my son to a counselor…

Continue Reading →

Daily Tool: Equal Parenting Time Doesn’t Get You Equal Treatment from SSA

Daily Tool: Equal Parenting Time Doesn’t Get You Equal Treatment from Social Security Administration CATEGORY: Family Law Definition Did you know that the Social Security Administration is going to discriminate against you if you put the words “primary residential parent” or “physical residence” of the child is the other parent in your final parenting plan or…

Continue Reading →

Daily Tool: The 4 Steps for Entering Your Evidence

Daily Tool: Evidence…Entering Your Evidence CATEGORY: Family Law Procedure You’ve addressed some objections and now you want to make your case, but you just don’t know how to get the evidence onto the record. There is nothing worse than being frustrated because you cannot use any of your evidence because you don’t know the procedure…

Continue Reading →

Daily Tool: Steps for Fighting a GAL

“It is the first responsibility of every citizen to question authority.”― Benjamin Franklin TOOL OF THE DAY:  Steps for Fighting the Appointment of a GAL CATEGORY: Family Law Due Process Okay, you argued that you don’t believe that the judge should speak to your child in chambers and you used the confrontation clause from yesterday’s post…

Continue Reading →

Daily Tool: Confrontation Clause…How Does this Protect You From Judge Conferring with Your Child?

TOOL OF THE DAY:  Confrontation Clause…How Does this Apply to a Judge Interviewing Your Child? CATEGORY: Family Law Due Process When a judge speaks to your child in chambers they cut you off from being able to defend yourself and they violate the confrontation clause, which means they have violated your due process. Keep reading…

Continue Reading →

Daily Tool: Fitness…Do You Know What the Standard Is?

TOOL OF THE DAY:  Fitness…Do You Know What the Standard Is? CATEGORY: Family Law Fitness of a parent. What is it? If it is not defined well by your State then what else are they supposed to do other than dig into your private business to find something they think makes an undesirable parent, right?…

Continue Reading →

Daily Tool: How Do You Refuse Psych Evals and Other Invasions of Your Privacy?

TOOL OF THE DAY:  Invoking 4th Amendment Protection CATEGORY: Family Law If you are facing threats to undergo drug testing, psychiatric evaluations, or social studies or else be cut off from your child…read this post to find out what elements you need in order to claim that your privacy is being intruded illegally. A good…

Continue Reading →

Daily Tool: Top 2 Things the Court Does to Disadvantage You…

TOOL OF THE DAY: Top 2 Things the Court Does to Disadvantage You… CATEGORY: Family Law It’s unnerving walking into a courtroom and having no clue what they think. What are the presumptions that the Court has that is driving some of their behaviors? Find out what you are dealing with before you step into the Court.…

Continue Reading →

Daily Tool: Discovery Supplementation to Preserve Your Right to Argue

TOOL OF THE DAY: Discovery Supplementation CATEGORY: Family Law Procedure Today is a quick procedural note on how you can ensure that your constitutional arguments can be introduced into your hearing. Because it does you no good to know all about your rights and not know how to actually get them into your Court argument. If…

Continue Reading →

Daily Tool: Is Time with Your Child an Entitlement or a Right?

TOOL OF THE DAY: Is Time with Your Child an Entitlement or a Right? CATEGORY: Family Law Procedure Didn’t the father have several hearings already? Didn’t he already receive due process? This is what the Michigan Supreme Court justices asked the defense attorney when he was arguing that the father in “In Re Sanders” did…

Continue Reading →

Daily Tool: How to Argue to the Court to Abolish the Best Interest of the Child Doctrine

TOOL OF THE DAY: How to Argue to the Court to Abolish the Best Interest of the Child Doctrine. CATEGORY: Family Law Policy Analysis We’ve all probably heard about common law. But what is it really? And why does it matter to you? Today I discuss how to abolish the “Best Interest of the Child…

Continue Reading →

Daily Tool: Child Support…Identifying the Legal Issues and Organizing Your Winning Argument!

TOOL OF THE DAY: Child Support…Identifying the Legal Issues and Organizing Your Winning Argument! CATEGORY: Family Law Argument Organization What reasoning does the Court use when you are challenging their idea that you should be paying child support? How do you build a solid legal issue when the wrong rule of law is being applied? The…

Continue Reading →

Daily Tool: Child Support…How to End Cash for Kids

TOOL OF THE DAY: Child Support…How to End Cash for Kids CATEGORY: Family Law Power Child support has become a cash cow for States and the Federal government. And it has become extremely difficult for a person to challenge this hungry beast. So, we have created a simple formula for protecting your cash, your assets, and your…

Continue Reading →

Daily Tool: Child Abuse…Lowered Standards have Hidden Costs

TOOL OF THE DAY: Child Abuse…Lowered Standards have Hidden Costs CATEGORY: Family Law Due Process This must have been shocking when this father found this video on his son’s IPAD. The mother is very young. And she obviously has very poor coping skills and no tools or skills for raising two toddler boys. She certainly gave me…

Continue Reading →

Daily Tool: Imputed Income…Bad for Children

TOOL OF THE DAY: Imputed Income…Bad for Children CATEGORY: Family Law (Child Support) What is imputed income? This is where the court can order you to pay child support based on an imaginary amount of money (earning potential), money you might have been earning in the past, money they believe you are capable of earning in…

Continue Reading →

Daily Tool: Top 3 Questions to Ask an Expert Before you Waste Your Money…

TOOL OF THE DAY: Top 3 Questions to Ask an Expert Before you Waste Your Money… CATEGORY: Family Law Due Process Before you ask for a family study (730 evaluation), psychiatric evaluation, or any other expert to get involved in your case, STOP to think about what you might be inviting them to do. Are you…

Continue Reading →

DAILY TOOL: Solving the Family Court Puzzle…Organizing and Collaborating.

TOOL OF THE DAY:  Organization and collaboration tool…wikis for the family court process. CATEGORY: Family Law Organization If we are to understand what needs fixing, we have to understand what is broke, right? And we all know that the family court process is definitely broken. But what is broken and what is not is not…

Continue Reading →

Daily Tool: Trial Testimony…how to preserve error and avoid the best interest trap.

TOOL OF THE DAY: Trial testimony…Preserving Error CATEGORY: Family Law This post contains an example of how to testify in a way that integrates your rights without ever having to say the words “I have these rights” or “it is my constitutional right to the care, custody, and control of my child.” The way you testify…

Continue Reading →

DAILY TOOL: Activism…Family Courts are the new Selma

TOOL OF THE DAY: Activism…we will not wait any longer CATEGORY: Family Law Movement “As long as I am unable to exercise my Constitutional right to vote, I do not have command of my own life. I cannot determine my own destiny for it is determined for me by people who would rather see me suffer…

Continue Reading →

DAILY TOOL: Joint Custody…5 steps to avoid falling for it.

TOOL OF THE DAY: Joint Custody…5 steps to avoid falling for it. CATEGORY: Family Law Did you know that the US Supreme Court has ruled on several occasions that the right to be a parent is one of the most fundamental rights of our society? Did you know that this right only applies to you…

Continue Reading →

DAILY TOOL: Sherry and Ron B Palmer explain Hodges v. United States

TOOL OF THE DAY: Hodges v. United States CATEGORY: Family Law case law annotation Your words and argument are your sword against injustice. As Justice Harlan and Justice Day in their dissent state “it is mere words that abolished slavery.”  “…in law, by its own force, that Amendment destroyed slavery and all its incidents and…

Continue Reading →

DAILY TOOL: Title IV-D

TOOL OF THE DAY: Title IV-D Child Support CATEGORY: Family Law Due Process The last time our government imposed a duty on the American people there was a terrible war. Now family courts are imposing what they call a “duty” in the form of child support and acting as if they are completely justified and authorized…

Continue Reading →

DAILY TOOL: Modification…a slippery slope in justice

* TOOL OF THE DAY: Modification…a slippery slope CATEGORY: Family Law Process There are different types of modifications: Reconsideration Setting aside an order Standard Modification Before you embark upon what type of modification you want to undertake, you should first check a few things: 1) Does a modification mean that there is no parental presumption?…

Continue Reading →

DAILY TOOL: Feeding the Family Law System…Not Letting it Destroy You.

TOOL OF THE DAY: Feeding the Family Law System…Not Letting it Destroy You. CATEGORY: Family Law System What do you do when, “Family Court judges…cherry pick findings to fit the view of the world they prefer would exist….make no findings concerning significant evidence, fail to rule on motions that make them uncomfortable, and usually produce orders…

Continue Reading →

DAILY TOOL: Arguing a Family Law Statute in Court

TOOL OF THE DAY: Arguing a Family Law Statute in court CATEGORY: Family Law Legislation Most of us have an idea about what guiding principles or values that we follow in our life. Some follow the bible, some just have a general sense of what is right and wrong for their life. The courts have guiding…

Continue Reading →

DAILY TOOL: Standard of Proof

TOOL OF THE DAY: Standard of Proof CATEGORY: Family Law Due Process Preponderance of the evidence vs. Clear and Convincing evidence might be how you know it. After this post you will be on your way to schooling even the best of them on why the standard of proof used in your family law hearing…

Continue Reading →

DAILY TOOL: Rebuttable Presumption

TOOL OF THE DAY: Rebuttable Presumption CATEGORY: Family Law Procedural There are many different types of presumptions under the law. One that catches many people off guard if they are first timers in the family courts or domestic relations courts is the statutory presumption. This is a “conclusive presumption that is created by statute.” [p1306…

Continue Reading →

DAILY TOOL: Disposition Hearing

TOOL OF THE DAY: Disposition Hearing. CATEGORY: Family Law Due Process Force the burden of proof onto the courts and the opposing parties by requiring them to prove you unfit or a danger directly to your child when they make false accusations…by demanding proper due process. This would mean objecting to any hearing being held…

Continue Reading →