5 Reasons You Should File a Declaratory Judgment for Divorce and Child Custody Modification…

 

Why File a Declaratory Judgment…

…to prevent: 1. litigation, 2. loss, 3. debt, 4. damage (injury), and 5. penalties!

A declaratory judgment’s purpose is to prevent costly litigation, remove uncertainty, terminate the controversy[ii], and to protect “its citizens from injury, debt, damage and penalties;…before any loss has been suffered or any offense committed.”

The Act provides you with a mechanism to get a ruling from the court before you are dragged through costly litigation.

  1. TO PREVENT COSTLY LITIGATION, LOSS, DEBT, DAMAGE, AND PENALTIES:
    1. “It should be the primary purpose of the State to save its citizens from injury, debt, damage and penalties; and to this end the highest function of the court ought to be to decide, when possible, the controversies of parties before any loss has been suffered or any offense committed.” ~Uniform Declaratory Judgments Act Reasons for Adoption 1922

Why File a Declaratory Judgment in State Court?

A Declaratory Judgment allows you to establish with your court what your rights are before you take steps which might involve you in costly litigation.[i] Since the state requires that you file some sort of lawsuit to protect your rights and time to your child and your property, and most state statutes authorize the use of state power to affect these rights, you should consider using declaratory judgment to establish what process and procedure your court will use to protect you and your child from the harm of a court completely ignoring process and procedure required for fundamental rights.

“Sec. 37.003. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for.” – Texas Uniform Declaratory Judgments Act

You can get sample motions here: Declaratory Relief — Declaratory Judgment and Rights

The purpose of a Declaratory Judgment is to protect you, your child, your relationship with your child, your property, and your money from your ex and the state:

“The purpose of the Act and its effect is to enable the citizen to procure from a court guidance which will keep him out of trouble and to procure that guidance with materially less expense than he would have to incur if he should wait until the trouble came before having recourse to the court.[iv]

It concerns itself not only with contracts, but with…respect to titles to property, and particularly with the status of family relations, man and wife, parent and child, guardian and ward, and also with provisions of trust.”[v]

“This act is declared to be remedial; its purpose it to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.”[vi]

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.[ii]

You have the right to ask your state court for relief if you have a statute that says you do, like Texas’ statute says, “A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed…”[viii] (Most states have an act like this. Google it and find out how your State has interpreted this remedy. Contact Us if you have questions.)

If your state does not have a declaratory judgment statute that provides you the ability to be heard on your constitutional rights consider filing in federal court for this relief.  Go to this page for more information on this path: Federal Court Declaratory Relief – Declaratory Judgment sample motions.

Can I Still File if I am already in Costly Litigation?

Yes*! There is nothing that we find in the Declaratory Judgment Act that precludes you from filing this and asking your court to make this determination while you are in litigation. The declaratory judgment is to also help you prevent additional costly litigation as stated above.

Where Can I Get More Information and Training?

The above information is taken from the Palmer’s training on their sample motions, parental rights motions. If you would like additional TRAINING:

You can HIRE the PALMERS** to teach your attorney how to argue the declaratory judgment motions for you in your family law or divorce case. (You hire experts to help you teach your court that there is parental alienation in your case. Now you can hire experts to teach your court that you are asserting the protections of your parental rights [vii].)

Code of Judical Conduct, Canon 3 B “(c) obtaining the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond;”

Other Resources you might find helpful to help you get through the stress and emotional turmoil involved during the time that you have uncertainty and fear of losing your child and control over your life and your money:

  1. Time To Put Kids First

2. RestoringFreedom2016.com – Kash Jackson campaign for defunding Title IV-D, and restoring constitutional parental and child rights.

3. PAAO-USA north Texas – Parental Alienation

4. Custody Calculations – Parental Alienation, child abduction, and divorce coach

**It is your responsibility to prove that the PALMERS qualify as an expert in your state and can testify. If not you can still use them to teach your attorney how to argue the motions.

***It is your responsibility to make sure that this is appropriate for your individual case. We are posting this information just for educational purposes and not as a practice of law. We are not attorneys. This information is not a substitute for an attorney. We do not guarantee or warrant any of this information. We are not responsible for you using any of this information.

COPYRIGHT: All of the materials are copyrighted. You may use the information for your individual case only. You can share these posts as long as you are linking to our posts. You may not reproduce or sell this material or copy it into other training without express permission from Ron or Sherry Palmer in writing.

[i] UNIFORM DECLARATORY JUDGMENTS ACT paper by NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS at the conference in San Francisco on August 2-8, 1922

[ii] Civil Practice and Remedies Code – Declaratory Judgments Sec 37.002 and Sec 37.003 (c) –  (c)  The enumerations in Sections 37.004 and 37.005 do not limit or restrict the exercise of the general powers conferred in this section in any proceeding in which declaratory relief is sought and a judgment or decree will terminate the controversy or remove an uncertainty.

 

[iii] Ibid Uniform Declaratory Judgments Act

[iv] Ibid Uniform Declaratory Judgments Act

[v] Ibid Uniform Declaratory Judgments Act

[vi] Ibid Uniform Declaratory Judgments Act

[vii] Texas Code of Judicial Conduct Texas Code of Judicial Conduct Canon B 3 (c) – (c) obtaining the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond;

[viii] Texas Code of Judicial Conduct