DAILY POST: Breaking Up The Family — Add This Caselaw Quote to Your Pleadings

By: Sherry Palmer | March 11, 2015 | Last modified March 11, 2015

Minerva 2005kb use your powers or lose them

TOOL OF THE DAY: Caselaw to argue against Breaking Up The Family

CATEGORY: Family Law Pleadings

“Our identity becomes closely associated to the role and all that it brings–the status, the power, the affiliation. Losing that role can feel like someone is cutting off a part of us. ¬†We may go to great lengths to resist being hurt.”* When the family courts cut us off from our children without proper authority, we use these powers..

What is a natural family? SCOTUS has very clearly stated that a natural parent and their child constitutes a natural family. The divorce court upon request to break up the marriage, goes beyond this request and breaks up the natural family based on nothing more than the court’s opinion of best interest.

649 “If a State were to attempt to force the breakup of a natural family, over the objections of the parents and their children, without some showing of unfitness and for the sole reason that to do so was thought to be in the children’s best interest, I should have little doubt that the State would have intruded impermissibly on ‘the private realm of family life which the state cannot enter.”‘ Smith v. Organization of Foster Families, 431 U.S. 816, 862-63 (1977) (Justice Stewart concurring), cited with approval in Quilloin v. Walcott, 434 U.S. 246, 255 (1978).

Have your attorney add this to your pleadings to the court so that you can support your argument that the court is intruding into your private business impermissibly. The court doesn’t have to take your word for it, you can use the words of the supreme court justices.


*Beyond Reason by Roger Fisher and Daniel Shapiro p.125 published 2005

Motions Package One Product Image

Comprehensive Motions Package

Multiple sample motions in one package.

Book standing trans 500x630

NOT In the Child's Best Interest

Your rights in family law

Beginners Guide to Family Law 300

Beginner's Guide to Family Law

Critical information you need when you enter the system.

Become a Member button

Members Only Access

Get the proof you need here.