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 pretend that they do not know what a FIT parent is and then make up rules to satisfy their own egos and pocketbooks, or to justify their own sick need to tell parents what to do in divorce. NO the state cannot make up rules that ignore the constitutional protections of these rights.
Due process protections up to now in the family courts have been limited. That does not mean that you have to accept that or that you have to roll over and give in to every attack they make on your and your child. That doesn’t mean that you are a horrible person, or have something to hide, or that you do not care about what is best for your child if you disagree with them. They want you to feel that way and they certainly want you to believe that.
It can be quite a nightmare for a parent first going through a child custody battle in the divorce courts. You are told that if you don’t give in you will be suspected of covering something up. But you are not required to let them in to your business now are you? And if you don’t let them in they threaten you with the most precious person in your life, your child. Boy doesn’t that really piss off a narcissist or the other parent who feels injured by you when you care about your child still but want to get away from them!
So the court uses this anger and vindictiveness of one parent and the frustrations of both to fuel their practices of ignoring proper due process.
“Due process protections are further limited by allowing the custody action to be taken under the veil of a civil action between two competing parties, when this type of action should only take place in a quasi-criminal civil action that is clearly between an individual and the State as prosecutor of State Interests. By acting under the guise of a divorce proceeding, the State masks the nature of the proceeding in a manner that fundamentally deprives the accused of appropriate Due Process protections.”
If the state did not have a state interest then they would have no grounds to act. If they state that the “best interest of the child” is what makes it a state interest, you can challenge that with the arguments in our book, “NOT in the Child’s Best Interest.”
But why would you want to do this you might ask when you can just prove that you have nothing to hide and have done nothing wrong? Ask the hundreds of thousands of parents who have gone through divorce with children and you will quickly see a pattern of futility in this exercise. We have known so many parents who “went along to get along” only to find out that even after they proved they were free of any skeletons in the closet and a perfect parent, still were told that the other parent would be the chosen one!
There is really only two ways to prevent this, the other parent agrees with you and you present an order to the court that protects your rights and time with your child, or you protect your rights when the other side and the court want to infringe on these rights. Keep in mind that in no way should anyone be requiring you to forfeit and give up any of your rights regardless of whether you can exercise them at the time or not. See “In re Sanders” for more on how this should be handled.
Walk yourself through all of the arguments that you hear the family courts making and you will find discussion on these in our books or in our webinars and on our blog with case citations to help you counter these things that the courts are using as their guise to continue to abuse you during the process of dissolving your marriage. And if you don’t find argument then contact us for help.
The above quoted excerpt is from page 191 of our book called “NOT in the Child’s Best Interest” and you can get one for yourself by clicking on the link.
By understanding this, you will be able to present a better case to your judge for why your rights do apply in their court and how.
You can learn more about how to reason through your rights and protect your rights in our books and courses. Click at the top on Store and you will find the books and training tabs. The book teaches you your rights and the training courses teach you how to argue them like I demonstrated above.]
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Strategic Parental Rights Strategist, Instructor, Constitutional Scholar, and Author
Divorce Solutions and Child Custody Solutions
Co-author “Not in the Child’s Best Interest” (Book on parental rights and children’s rights)
Co-author “Protecting Parent-Child Bonds: 28th Amendment” (Book includes guide for legislators)
Twitter: https://twitter.com/fixfamilycourts (@fixfamilycourts)
Disclaimer: I am NOT an attorney or a lawyer. I do NOT practice law in any federal or State court system. Any information provided by me to you, regardless of how specific, is NOT intended to be legal advice under any state or federal law. I provide research, written strategies, and non-professional personal opinions on the Constitution and State laws as free exchange of politically important information that also serves an important public need and interest allowed under the First Amendment. You are highly encouraged to engage an attorney in your State to help you with the specifics of your legal issues and the law in your State. If you are a pro se litigant then you bear all and full responsibility for understanding the law in your state and acting under the law in your state. Nothing you receive from me is intended to be a “legal” document for purposes of any type of filing in any court. You are free to use my words for your personal non-commercial benefit, or as an aide in petitioning your government for redress of perceived wrongs, if properly cited where appropriate. YOU TAKE SOLE RESPONSIBILITY FOR ANY LEGAL ACTIONS YOU PURSUE AND THE RESULTS THAT YOU GET. I BEAR NO RESPONSIBILITY FOR YOUR RESULTS. MY OPINIONS ARE NOTHING MORE THAN MY PERSONAL NON-PROFESSIONAL OPINIONS OR BELIEFS. I MAKE NO CLAIMS OF LEGAL COMPETENCY IN THE LAW UNDER ANY GOVERNMENT STANDARD OF COMPETENCY IN THE LAW.
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