Author Archives: RonBPalmer

USING LEGAL JUDO TO GET EQUAL CUSTODY

Recently we had an interesting discussion with a very notable state court justice regarding family law. He introduced us to a method of achieving equal custody that we had never heard of before nor had ever considered, but as we have come to expect from this justice, it was pure genius. I’m not going to…

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TRFRA Texas Religious Freedom Restoration Act Section 110.004

Texas Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom TRFRA Section 110.004 Defense Analysis: This short section makes clear that the religious freedom limits on government action can be raised as a defense in any suit whether the government is a party or not. This means that in a SAPCR…

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TRFRA Texas Religious Freedom Restoration Act Section 110.005

Texas Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom TRFRA Section 110.005 Remedies Analysis: For many people, this section will be the good part. Section 110.005 provides the remedies that you can receive from the state. It sets the amount of damages you can receive and addresses how you go…

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TRFRA Texas Religious Freedom Restoration Act Section 110.008

Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom TRFRA Section 110.008.  Sovereign Immunity Waived Analysis: This section is important because sub-section (a) specifically waives sovereign immunity. You may already know that you cannot sue a state because state’s have sovereign immunity from suit. One exception to this is when the…

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TRFRA Texas Religious Freedom Restoration Act Statute 110.003

Texas Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom TRFRA Section 110.003 Religious Freedom Protected Analysis: This section actually states what the government may not do regarding religious freedom. It says that a “government agency may not substantially burden a person’s free exercise of religion.” This statement uses the two…

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TRFRA Texas Religious Freedom Restoration Act Section 110.007

Texas Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom   TRFRA Section 110.007 One-Year Limitations Period Analysis: This short section of Chapter 110 is very important for anybody seeking relief under the code. You cannot delay. You cannot wait around and say “I will do it tomorrow or next week.”…

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TRFRA Texas Religious Freedom Restoration Act Statute 110.006

Texas Civil Practice and Remedies Code Title 5. Governmental Liability Chapter 110. Religious Freedom TRFRA Section 110.006 Notice; Right to Accommodate Analysis: This is the section that describes what must go into the notice letter, when the notice letter isn’t required, and how the offending official may remedy the burden on religious freedom. This section…

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TRFRA Texas Religious Freedom Restoration Act Section 110.002

Texas Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom   TRFRA Section 110.002 Application Analysis: This section explains the reach of the chapter and where it applies. Essentially, it applies everywhere and to every single government actor. It does not exempt courts or judges. It very clearly and plainly says…

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TRFRA Texas Religious Freedom Restoration Act Statute 110.001

Texas Civil Practices and Remedies Code Title 5. Government Liability Chapter 110. Religious Freedom   TRFRA Section 110.001 Definitions Analysis: This section defines two terms “Free exercise of religion” and “Government agency,” and tells us to look to federal precedent in determining whether an interest is a compelling interest under this chapter. (look below to…

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DAILY TOOL: Just Who Do You Think You Are…Are Judges and Attorneys Blaming Parents for Problems the Process is Causing?

DAILY TOOL: Just Who Do You Think You Are…Are Judges and Attorneys Blaming Parents for Problems the Process is Causing? TOOL OF THE DAY: Exercising Your Parental Authority After Divorce CATEGORY: Family Law Culture Have you ever wondered why people run to an attorney when their marriage is on the rocks in the first place?…

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Single Mother Home Statistics

Single Mother Home Statistics The following statistics were submitted by Paul Clements, a father in this fight, who has shared this compiled research. Much of the research is gender based because there has been a strong father initiative over the last decade to get father’s back into children’s lives after a monotropy standard (which by…

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New Bill SB 816 Filed to Challenge Best Interest of the Child Championed by Senator Campbell

Senator Campbell just filed a Bill yesterday that has the potential to put an end to the abuses created by “best interest of the child” standards. SB 816 can be looked at here. Senator Campbell had the foresight to know that just having equal parenting bills was not going to be enough. SB 816 is…

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Writing Policy: Citing Wikipedia

Fix Family Courts was founded to help parents and their family law attorneys. It is not designed to provide academic or scholarly work. Our publications are designed to help parents and their attorneys prove constitutional legal arguments in courtrooms. Therefore, we ensure that every legal theory or argument we publish is well-supported by case law…

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Interpreting the Constitution

Many people believe that it is exclusively the courts’ job to interpret the constitution. This is a fallacy. What is true is that the courts most often have the final say in what is and what is not constitutional but they don’t always have the final say. The way this works is that everybody has…

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Lie 1: Best Interests of the Child

Lies Divorce Courts Tell: Best Interests of the Child What Divorce Courts say: The divorce court can deprive you of your fundamental rights as a parent in the best interests of the child. What the United States Supreme Court says: “The Constitution protects all individuals, male or female, married or unmarried, from the abuse of governmental…

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You trusted your attorney and you lost!

Are family law attorneys violating their ethical requirements when they refuse to protect your constitutional rights? Can they be punished or sued for this? The American Bar Association provides a set of rules for attorney professional conduct. In its preamble it lists a lawyer’s responsibilities that says. “[2]… As advisor, a lawyer provides a client…

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Divorce Courts Act in Their Own Interests

Multiple Federal Appellate Courts have found that children have a right to familial association with their parents and that these rights are fundamental rights. The Supreme Court has placed the right to free association into the category of First Amendment rights as the right of free speech would be meaningless without the right to associate…

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Judges Act In Their Own Best Interests

Multiple Federal Appellate Courts have found that children have a right to familial association with their parents and that these rights are fundamental rights. The Supreme Court has placed the right to free association into the category of First Amendment rights as the right of free speech would be meaningless without the right to associate…

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Where do You Stand on Protecting Parent-Child Bonds

Where do you stand on  Protecting Parent-Child Bonds is a question we should be asking to every politician, judge, and family law attorney. It is imperative that we begin setting the expectation in our society that children need to be protected and that children are best protected when the rights of fit parents are protected.…

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US Supreme Court says Child Custody right is as important as Alimony right

While I wouldn’t recommend it to most people, studying Supreme Court opinions is something I do for fun. I read them over and over again. I search them for new and different words or phrases. Tonight in doing this a number of things jumped out at me but one in particular really struck home. How…

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Four Texas Supreme Court Justices would deny constitutional rights to divorcing parents

Four Texas Supreme Court Justices believe that a divorce court judge can overrule two fit parents in determining what is in that child’s best interest when those parents have negotiated with attorneys through formal mediation and signed a formal agreement as to their idea of the child’s best interests. Apparently, in their minds the judge’s…

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Child’s Stability Does NOT Trump Parental Rights

So many people attempt to manipulate our emotions in child custody issues. They get us stoked up and emotionally tied to their often false arguments. One of these false arguments is that children have a “right to stability.” I routinely scour US Supreme Court opinions to better understand parent and child rights. I have yet…

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Destroying Divorce Court Lies: Divorce Courts Lie When They Claim That Parental Conflict Negates Parental Rights

Sadly, many attorneys and divorce court judges use this excuse to take on power that is NOT theirs by right. The idea that a right can be eliminated just because it conflicts with another right would make rights themselves meaningless. Religious rights guaranteed under the First Amendment are often in conflict with the rights of…

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Your Get Out of Jail Free Card! Free Sample Pleading Writ of Habeas

Many of you may have already heard about the poor mother, Katina Tengesdal of Fargo North Dakota, who has been jailed for 8 days because she refuses to give up her constitutional right to determine who her child will associate with. Judge Doug Herman has jailed Mrs. Tengesdal for asserting her constitutional rights as defined by…

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Were you convinced that if you just did what the attorneys and the family law court told you to do that you couldn’t possibly lose your child?

Did your own attorney convince you to just go along with them to get along? Just agree to see a psychologist or therapist? And, that after you prove to the therapist that you don’t have any mental illness and that you are the better parent, she could then prove to the other attorney and the…

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Florida Legislature Sells Swamp Land to Parents Seeking Parental Rights!

I’ve been reviewing Florida’s family law statutes in detail and can tell you they lie better than any State I have seen so far. Under Florida’s statute 61.13(2)(c)2. it says “The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility…

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Florida Statute 61.13 covering divorce and child custody is unconstitutional on its face: see exactly where and how

Florida Statute 61.13 is unconstitutional on many fronts. The following is the complete text of the statute with specific sections highlighted and the author’s comments embedded inline in red text. The Florida legislators need to go to work and fix this statute so that it reflects the fact that parents have rights and that those…

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Do Florida divorce and child custody laws violate the U.S. Constitution?

I’ve recently had reason to review the divorce, child-custody, and alimony statutes of Florida, and I have come away with a strong belief that these statutes are unconstitutional as written. If you have read my book or my other blog posts, then you are aware that the U.S. Constitution has been interpreted by the Supreme…

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Do parents have constitutional rights to their children?

After providing a lengthy discussion of the existing precedent the US Supreme Court as recently as 2000 has said that: “In light of this extensive precedent, it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control…

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The one thing to do to change custody battle momentum

Parents find themselves in runaway custody battles every day. They get hammered for simple things that all parents do but when in a divorce custody battle these get used against you. You can often see the change in attitude of the judge when some minor issue is presented in such an inflammatory way that the…

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How to Limit Divorce Court Power to deny your parental rights – procedural due process?

Did you know that you can block the Divorce Court from determining custody based on the best interest of the child standard? There is a basic procedural step that your attorney and the Judge are simply skipping over as they rush to assume that the Divorce Court has authority to take your child from you.…

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Divorce Courts are Government by Men NOT Government by Laws

The Supreme Court back in 1886 dealt with a city code that placed the determination of a violation in the hands of the enforcer. This is the same thing that Divorce Custody Statutes do. They place complete discretion in the hands of one person alone. This is what the Supreme Court had to say about…

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Parental Rights

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 if you are married or if the other parent is deceased? Family Courts see it…

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