Category Archives: Caselaw

Was the Standard Possession Order ever Intended to be Standard?

According to Appellate Judge Puryear, the legislators never intended for the Standard Possession Order in Texas to be the standard default possession order. Judge Puryear states in a concurring opinion made in 2005 that the joint managing conservator statute § 153.001, mandates “only minimal restriction on either parent’s possession or access,” id. § 153.193. Puryear says…

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Appellate Judge in Texas Believes that Clear and Convincing Evidence is Required in SAPCR

Judge Puryear, a Texas appellate court judge, believes that preponderance of the evidence standard is too low for determining infringement of the care, custody, and control of a child. PROPERTY RECEIVES MORE PROTECTION IN FAMILY COURT THAN CHILDREN! Judge Puryear states that property receives more protection than a parent-child relationship by the family courts currently.…

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Noncustodial Parents in Illinois Can Receive Child Support!

See the case In Re Marriage of Turk (Illinois Supreme Court 2014). The court ruled that the custodial parent can be made to pay the noncustodial parent to alleviate the noncustodial parent’s inability to pay their share of their responsibility to support the child. “the final child support order may result in a “negative” payment…

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Audio: Gay Hater during SCOTUS Gay Marriage oral arguments Removed

* Same-Sex Marriage arguments seem to have sparked one man’s inability to restrain himself from shouting his hatred to the 9 justices who had just finished listening to oral arguments on the first of the four cases being argued this morning. “You will burn in hell” he shouts. As the older man with a white…

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DAILY TOOL: Divorce is despised more than Gays…Supreme Court hears 4 Gay cases but denies Divorced Parents Grievances

TOOL OF THE DAY: SCOTUS hears 4 more Gay Marriage cases but continues to deny divorced parents cases. CATEGORY: Family Law On Tuesday, April 28, 2015, the Supreme Court of the United States will hear oral argument on 4 gay rights cases hoping to extend the rationale used in the Windsor v. United States case…

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DAILY TOOL: Texas Supreme Court rules “Best Interest of the Child” is not used to Protect Children…

TOOL OF THE DAY: Mediated Settlement Agreements – MSA – Best Interest is not intended to be Used to Protect Children CATEGORY: Family Law Caselaw – Statutory This post is about a ruling that the Texas Supreme Court made on a MSA not being approved by the trial court. However, there is some very good…

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DAILY TOOL: Don’t Let Legislators Trick You…Your Fundamental Family Rights are not Dependent on them.

TOOL OF THE DAY: 14th Amendment cannot be abridged by legislators CATEGORY: Family Law Statutory When you are trying to understand where and who changes the rules in family court decisions, it can seem like you are thrown into a circle of power. The judges will tell you that your legislator makes the rules. And…

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DAILY TOOL: Can the Majority Vote to Have Your Constitutional Rights Ignored?

TOOL OF THE DAY: Can the Majority Vote to Have Your Constitutional Rights Ignored? CATEGORY: Family Law caselaw “Legislators may speak for the majority but even the majority is not at liberty to ignore the Constitution.” ~Michael Bent (alumna of Fix Family Courts training) “One’ s right to life, liberty, and property, to free speech, ……

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DAILY TOOL: What’s the Biggest Farce in Divorce?

TOOL OF THE DAY: Excerpt from book — “NOT in the Child’s Best Interest” p. 191 CATEGORY: Family Law State Interest …that the state has a valid interest in protection of your child between two disputing fit parents. The state has NO valid state interest to protect your child from fit parents. The state cannot…

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DAILY TOOL: Remedy for Removing Judicial Immunity…

TOOL OF THE DAY: Remedy for Removing Judicial Immunity… CATEGORY: Family Law Immunity It is pretty clear that when you place a person in a position of absolute power (a judge, a guardian ad litem, a social worker, a therapist, etc.), do not provide constitutionally compliant boundaries in your family code, and you provide them…

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