Scholarly analyses of parental liberty, equal protection, and due process standards.
Explore educational materials and constitutional self-advocacy guides.
No wonder the state courts have resisted using it in family law. Their powers have gone virtually unlimited.
There are a lot of complaints out there about false abuse claims. Have we delved into why there might be so many? Really delved. What if you tried to be fair in the beginning? What if you didn't want to fight? What if you tried not to involve any of your private life and marital
Will Gays Suffer Discrimination in Divorce Too? You think you've cured injustice by obtaining equal rights to marriage. Just wait until you try to divorce with children. You will be discriminated against all over again and thrown right back into another disfavored class.
There is absolutely no reason to deal with unproved criminal allegations in a divorce proceeding other than to conduct a witch hunt, and to allow testimony that would otherwise be inadmissible, because it violates constitutional protections.
We reviewed the S.C. Supreme Court case Adoptive Parents v. Baby Girl and asked the question, Do U.S. Courts Protect Indian Children Better than they Protect non-Indian Children? We came to the conclusion that many of the same reasons that they created the ICWA[i], also exist in divorce cases. Judge Garfinkel, in a letter he wrote
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?
Can the Court Assume You are Unfit Just Because You Are Getting Divorced? Can the Court punish disagreements between parents regarding matters of conscience in child-rearing. How does the judge meet the stat's burden to prove you unfit?
This post is sharing some more valuable content on child custody and divorce from our soon to be released book "?Not in the Child's Best Interest."? This excerpt explains more on parens patriae, its role, and where the power and authority originate in child custody: "?If the State intervenes in the custody rights of parents,
This is a very important case if you are fighting against another parent since the same legal reasoning should be applied, except that now you are battling another biological parent. You will notice that this Nebraska case is a biological parent battling grandparents, and that the cases that the Supreme Court uses to support their
?Ideas are very often tainted by people's personal ideologies." The complexity perspective, James B. Glattfelder hopes allows for some common ground to be found.
The Way the Court Frames your Case is Important. And You Have the Power to Frame it Right. Your attorney is the one that tells the judge what you want him to do.
Navigating an Equal Protection argument in the Supreme Court can be extremely tricky. I just touch on the subject here to give you an idea of how you might approach it. I have open discussions on this and other constitutional issues regarding parental rights on my linked in at http://lnkd.in/8-UkcQ and there is more extensive coverage of
