Category Archives: Divorce

Common Shared Parenting Myths – Part One of a Two-Part Series

Myth: “Kids get bounced back and forth between two homes more in shared parenting than in a primary custodial arrangement, and it’s not stable.” Reality: The actual number of transitions is exactly the same for a child, whether they are on the infamous Siegenthaler schedule (which, interestingly was overturned on appeal – yet many judges…

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Chilling 911 call from Mother right After Killing her Children Day After Father Files for Divorce

Two killer mothers, same bad court process. This mother stabbed her two young children in the neck in November 2016. Her trial was set to begin last month. She has pleaded not guilty even after telling 9-1-1 she killed her children because she didn’t want her husband to get them in the divorce. Brandi Worley…

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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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Does ChanceTheRapper Know The Fight He Has Ahead of Him in Family Court?

The same reporter who sang ChanceTheRapper’s praises when he won 3 Grammys last month, might be changing her tune just because the rapper has not agreed to pay child support. When it comes to child support, even journalists are not immune to the biases that have been perpetuated by the family courts. Mary Mitchell of…

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Should You Coach Your Child Interview with the Judge?

Attorneys say that children should not have to worry about these adult issues yet the court is going to affect the time and access that child has with each of the parents, so yes the children will worry. The child is not divorcing the parents and should not lose time and access with one of…

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Parental Alienation Education Pleas Made to Board in California

Parental alienation is not junk science. Professor Ron Berglas says that the only reason that parental alienation has been able to be used by abusive parents is because the mental health professional has not properly been trained to identify parental alienation. Watch as Dr. Berglas testifies to the California Board of Behavioral Sciences to urge…

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Wyoming Parental Rights Bill Passes Both House and Senate

This Bill, HB0153, sponsored by House Representative Mark Jennings, is just waiting for the President of the Senate and then the Governor to sign. Once that is done, this bill goes into effect on July 1, 2017. Parental rights receive protection in Wyoming.

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Please Read My Letter – A Parent’s Plea to NPR

I was very moved today to write about the pathology of the Family Court to Representative Urban of Stonington, CT after hearing her speak on NPR’s “Where We Live” and share the trauma that this inflicts on children in Connecticut: (The following is what I posted on Facebook. Go to the end of this article and…

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Texas State Bar Lobbying Arm Caught Misleading Legislators

The Texas Family Law Foundation (TFLF), a lobbying arm of the Texas State Bar, made a recent attack on parental rights bill, HB 453 in Texas; a Bill that puts an equal parenting time option into the family code. TFLF circulated a flyer to the members of the 85th legislature warning that if the legislators passed…

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Texas Legislative Equal Parenting Packet

You can get this packet for free from The National Family Law Policy Center here. Take with you when you are discussing why and how equal parenting protects children.

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A sad day in Connecticut

Virtually all of the parental rights bills that were submitted to the Judiciary Committee for the 2017 legislative session in Connecticut have died in committee. AGAIN.  These are bills that Connecticut citizens have been trying to get passed for years and have had to unnecessarily recycle them, year after year. The bills all encompass the basic principle…

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ABA Says Child Support Program exists because of Deadbeat Dads

The Office of Child Support Enforcement (OCSE) says that Child Support is “good” for children and their most successful program to date. And one of the writers on the ABA blog writes that child support “IV-D only exists because of deadbeats…” But they don’t take a look at the destructive practices that this accomplishment drives.…

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Attorney General Ken Paxton on Child Support

When you think of child support, do you think of a child in need? That’s what we have been culturally conditioned to believe. Just like anything else, until we are educated, we only know what we are fed. What if you found out that child support was being used to enrich government officials in your…

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Prove to Me Why You Should Get 50/50…

Are the days of having to prove why you deserve equal custody of your child coming to an end? Looking through the history of the child custody laws in the state of Washington, you might not think so. Over the years, Washington residents have had several changes to their child custody statutes and no doubt…

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Should a Court Protect a Child from a Not so Great Parent?

Virtual Round Table is a new podcast with Stephen Krasner, guest blogger for Huffington Post, and Zena Crenshaw-Logal, J.D. Zena, around time marker 8:30 asks Stephen whether the court is “erring on the side of caution” and whether or not the court is justified when they create delays in order to keep a mother away from…

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Status Quo in Family Code Statutes are Going to Have to Change

This is a continuation of the last blog I wrote yesterday on how the Standard Possession order statutes managed to turn into minimum possession orders and weaved their way through the Family Code in Texas to whittle away at parental rights. So we have written 4 new Bills that several people are carrying to the…

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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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Appellate Judge Believes Fit Parents Are Entitled to Equal Rights.

According to Appellate Judge Puryear, in a concurring opinion in 2005 in Texas, the trial court judges have been applying the wrong standards and getting the intent of the joint custody portion of the family code wrong. He states that the joint managing conservator statute § 153.001, mandates “only minimal restriction on either parent’s possession or…

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Best Interest of the Child Senate Bill Fact Sheet

The National Family Law Policy Center evaluated and published their review of the newest Texas Senate Bill 816 sponsored by Senator Campbell affecting the Best Interest of the Child Statute. The Policy Center’s evaluation states that the “new text in the proposed bill appears to improve conditions for parents,” however, “it perpetuates presumptions that have been…

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Civil Rights Attorney Wins Big Again Against CPS

Tammi Stefano of The National Safe Child show interviews California civil rights Attorney Shawn McMillan who talks about how even he was at risk of having his children grabbed by CPS because he was litigating these cases. His children are grown now so he has much less to worry about. McMillan says that CPS “violate…

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APA Says Joint Custody is Healthier for Children…even Infants

Right now most state laws do not require a judge to order equal custody. That makes state laws contrary to the best interest of the child. The most recent study regarding infants and toddlers by Fabricius finds: “Contrary to some previous findings, the current study found benefits to both parent-child relationships associated with overnights (a) up…

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Equal Parenting Bill HB 453 in Texas has a Companion Bill in the Senate SB 816

In most states equal parenting bills are not addressing the problems that best interest leaves in place when it comes to a judge using best interest to get out of issuing an equal parenting bill. We have been complaining about best interest making equal parenting bills moot for years. And best interest being problematic because…

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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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Bullying abounds at big law firms, but it often goes unaddressed, survey finds

Workplace standards in many law firms remain in the Dark Ages. According to this study, bullying and lack of respect plagues many law firms. The study does not say what field of law attracts these types, but I can imagine that those who practice in Family Law fall into two categories: The bullies and the…

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Missouri’s Proposed Equal Parenting Bill — SB 377

Missouri has filed a House and a Senate Bill this year for equal parenting. Senate Bill (SB 377) was the newest Bill to be filed. This Bill adds an equal parenting presumption to the Missouri family code. “SB 377 – Adds a rebuttable presumption that equal or approximately equal parenting time with each parent is in…

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Legislative Bills in Texas – Find a Bill

If you want to find a Bill currently being proposed in Texas, you can Find your Bill number here. The current proposed equal parenting bill is HB 453 sponsored by James White (text of HB 453).  If you want to know if there are more bills regarding Equal parenting, click here and use the key words…

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Teen Mom 2 Kailyn Lowry and Javi Marroquin Settle on No Child Support

These two young parents, Kailyn Lowry and Javi Marroquin have settled on equal parenting, 50/50, and no child support. You might think, “Aha, I bet the attorneys are pissed, no more gravy train.” Or you might be thinking, “The state is never going to see a penny of their money now.” Unfortunately, this is not…

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Legislative Dates and Status of Bills in Texas 85th Session 2017

You can follow the status of Bills, how to contact your legislator, find important Bill dates, and how a legislator voted all through this link: Texas Legislature Online

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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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Education Suffers when Parents are Denied Equal Parenting…

Remember that many Ph.D.’s will refer to “shared parenting”. Don’t let them get away with that. Insist on equal parenting as the starting point. Go to the post on equal parenting stats to support your argument that shared parenting must start with “equal!” Download this document here Shared-Parenting-effects-on-Education References from this document: Holstein, N. (2015, May…

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Support for Equal Parenting is Good for Children…

Forcing parents into high conflict litigation over rights each parent already has before they walk through the court doors, is harmful to children. Yep, even when parents disagree, it is better for children to be with each parent equally! “Hostility from a divorce is the best predictor of poor outcomes for children (Bonach 2005; Semple…

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Equal Parenting Bill in Texas – Second Most Searched Bill!

You know your doing good when the equal parenting bill is searched more than a gun carry bill. Second only to a bathroom bill.        If you want to follow the progress of this bill, go here. Add it to your Alert list today! Keep the pressure on these legislators and take your…

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Wyoming has a Proposed Parental Rights Bill that could end parental alienation and legal abuse!

Wyoming has a proposed parental rights bill, HB0153. And it is a really good one. Super simple and to the point. Hooray! But don’t get too excited yet. It hasn’t passed yet. It has a lot of sponsors but now you need to do the work to get it approved. Don’t let the work of…

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Nevermind applying Constitutional law to your court motions… how does one even absorb it all in the first place?

Finding yourself stuck in the maze of Family Court life, you are likely to run into a situation where you feel helpless (um, yeah that’s why you’re here, right?). Yet, while seeking knowledge about your parental rights is not a substitute for the representation of counsel, it helps move your case forward more efficiently if…

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Constitution state Egregiously Unconstitutional

Connecticut, or otherwise known as the Constitution State, may have a small population but has one of the most energetic activist groups in the U.S. So, why are so many parents up in arms in Connecticut? Most non-custodial parents in Connecticut only see their children 2-4 times per month! These are fit and loving parents…

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When Parents Try to Tell Someone There is a Problem in Family Court…

You try to talk to your neighbor or your child’s teacher and tell them that you really didn’t do anything wrong but that the judge ignored your civil rights, and you most likely are met with disbelief. Worse, if you try to bring up the fact that civil rights exist in family law to your…

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Challenging Contempt Orders for Child Support — Illinois

Court held you in contempt and you didn’t have the ability to pay? There might be something you can STILL do to fight back.* We found this in our research and you might want to research it as well. Court didn’t hold an ability to pay hearing? Motion to Vacate Contempt Order Template for Illinois v2_5 You…

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Child Custody Enforcement Bill Amendment for Texas 25.03

Texas, as do many states, has an enforcement issue when it comes to enforcing child custody (possession) time. Police refuse to enforce your custody rights. They say that if it is the other parent then it is not kidnapping. You are told that this is a domestic issue and to go back to court to…

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Will Educating Judges Stop Parental Alienation?

I am frequently sent requests to sign parental alienation petitions. The most recent one had four stated goals. The third goal stating: “3: Education of Social Services, CAFCAS, Judges and schools.”* Whenever I see one that talks about educating judges and social workers, I hesitate, not because I don’t want them educated, but because every…

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What do you do when a Judge says that Your Child Deserves Stability?

The state asserts that a child has a right to stability or continuity. What exactly does this mean in constitutional law? One Federal District Court put it this way: “To safeguard the right of parents to raise their children as they see fit, free of government intrusion, except in cases of neglect and abandonment, is…

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Are Judges Routinely Issuing Ineffective Child Custody Orders?

Parents going through child custody litigation in the American family courts learn after it is too late that they spent all that money just to get an order they cannot ever hope to be able to enforce. Why legislation isn’t enough to stop these family courts. Making enforcement laws seem to be the answer to…

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Equal Parenting Presumption Bill for Texas

“Parents have a constitutional right to be presumed fit until proven unfit. Fit parents are presumed to be acting in the best interest of their child until proven to pose through their own illegal acts or omissions a direct danger to their child or to be found unfit.” Download this bill, customize it for your…

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