Best Hope for Parents–
Hope for parents has arrived in the book Not in the Child's Best Interest
By: Sherry Palmer. | Posted: | Modified:
Best Hope for Parents
Hope for parents has arrived in the book Not in the Child's Best Interest
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Number 1 Parental Rights Book
This post contans a preview from the book "NOT In the Child's Best Interest" which is the book that placed Ron and Sherry Palmerin the forefront of the Parental Rights Movement. The supreme law of our land is actually on the side of parents. State custody courtsare violating that supreme law daily. There is hope for you and there is hope for parents everywhere in this country precisely becausethe supreme law of our country, and for every state, is on our side.
Ron and Sherry's primary focus is helping parents compel custody courts to properly apply the supreme law and we have made greatprogress. Every day it gets more and more difficult for state custody judges to violate the rights of parents. You too can apply this toyour child custody hearings, to make it difficult for the family courts to continue to violate your rights by applying simple easysteps. You can start to learn how to do this by starting with this book.
The following excerpt is a peek at a section from Chapter 1 of the book:
Not in the Child's Best Interest: How Divorce Courts get it all Wrong and How the Constitution can fix it
This book is now available for purchase.
Chapter 1: Declaring our Independence
We hold these truths to be self-evident: That all men are created equal: that they are endowed by their Creator with certainunalienable rights: that among these are life, liberty, and the pursuit of happiness: that, to secure these rights, governments areinstituted among men, deriving their just powers from the consent of the governed: that whenever any form of government becomesdestructive of these ends, it is the right of the people to alter or to abolish it…
— Thomas Jefferson, Declaration of Independence, July 4, 1776
Divorce Courts are acting like King George
States would have us believe that asking for a divorce from your spouse is the same as giving the State permission to take over controlof your children. The Constitution and the Supreme Court say that parents have Fundamental Rights to their children that deserve anextreme level of respect. Divorce Courts not only do NOT show any respect to these Fundamental Liberties, they trample them daily as ifthey had never read the Constitution themselves. When entering into a divorce involving children, and your rights are being attacked,you have only two choices. You can know your rights under the Constitution and stand up for those rights to your best ability or you cantake what they do to you and live with the consequences.
Standards Must Apply
The Supreme Court has been very clear that the rights of parents deserve protection, unless the State can show a strong interest to thecontrary. A strong interest means demonstration of neglect, or placing the child in clear and present danger. It does NOT mean enteringinto a divorce with your spouse. We will show you, step-by-step, why we believe that the Divorce Courts in this country are acting inviolation of your constitutional rights, and the constitutional rights of your child, when they unconstitutionally take control over thecustody and control of your child. We will then show you what you can do about it. The idea that they can do this is no different fromthem saying that since you choose to get divorced the State can now take away your right to free speech, or your right to practice yourreligion, or your right to own a gun, or your right to be free from unwarranted searches and seizures. These are all FundamentalLiberties that outside of Divorce Court get extreme protection.
You walked into the Divorce Court hearing as a loving, caring, and fit parent who has always provided for the reasonable minimum needsof your child with rights that would be protected anywhere else. Once you enter that Court, however, it's as if your rights don’t exist.The Judge acts as if your rights are his to give to you as he pleases or to deny you as he pleases. They call this the “best interest ofthe child standard.” The practical definition of this term is, anything the Divorce Court Judge wants it to mean, provided he can trumpup a legal sounding justification. Between your first hearing and your last hearing, that Judge can do this without any appellatereview. The Court can issue temporary orders that deprive you of your Fundamental Liberties and you can NOT even appeal these orders.Temporary sounds short term but these can go on for years.
Do You Want to Protect your Rights?
If you want to protect your rights to your child, we will show you how to get them and keep them. Our Founding Fathers fought an angry,bitter war against an oppressive State (England) that denied them liberties that they deemed to be Fundamental. They considered theserights to be unalienable rights given to them by their creator not by the King of England. They fought a war at great peril tothemselves in the name of rights held by the people not doled out by the State. They won that war. They created our Constitution. Theyadded ten amendments in the form of our Bill of Rights. We as a Nation have amended that Constitution another seventeen times sincethen. Within this Constitution and the twenty-seven amendments to it we have many protections from arbitrary State power that are NOTbeing applied in Divorce Courts. It is time that we demand those protections with the same resolve and determination that GeorgeWashington showed when he lead an armed rebellion against King George of England.
There is nothing inherent in the power of the State to grant two people a marriage certificate that allows the State to challenge theParental Rights of the two people getting married when those two people already have children. Likewise, there is nothing inherent inthe power of the State to grant those same two people a divorce that allows the State to challenge their Parental Rights. Two fit,loving parents do NOT become unfit and unloving just because they choose to get divorced. They are NOT asking to be divorced from theirchild nor is the child asking to be divorced from his or her parents.
Individual Rights
Your Fundamental Liberty Interests in being a parent belong to you as an individual not to the particular family unit. They do notchange if the other parent dies nor do they change if the marriage fails. There is no special marital status that automatically givesany State the authority to deny or abridge any Fundamental Liberty. The Supreme Court has said that Parental Rights attach to theindividual not the marriage. The Supreme Court has said that equal protection demands that Parental Rights are the same for fathers andmothers and for married and unmarried and single people alike. Divorce Courts, however, continue to deny this reality every day andinvade, deny, and abridge Fundamental Liberties as if they were nothing of any significance at all.
Divorce Courts are so arrogant in this power that they do not even attempt to articulate any legal triggering mechanism that would givethem the authority to ignore Fundamental Liberties. Divorce Courts act with the same arrogance displayed by King George when he ignoredthe rights of or Founding Fathers and it is time for us to Declare our Independence from the tyrannical rule of unconstrained DivorceCourts and the unconstrained Family Law System.
The key to ridding ourselves of this despotic rule is to resolutely declare in our Pleadings and in our Motions that we are a FreePeople with unalienable Rights, that among these rights is the liberty to care for, to have custody over, and to have control over ourchildren, given to us by God, not by the State. Divorce Courts, just like King George, are likely to laugh at and ignore ourDeclarations, at first. Just like King George, however, Divorce Court Judges will, in time, have to recognize a new reality. Fortunatelyfor us, we don’t have to resort to armed rebellion. We have two processes of internal rebellion in this country. One is called appellatereview. The other is called the Legislative process. These processes have been used successfully to gain civil rights for women, forblacks, and currently for the LGBT community. Each process is triggered in different ways.
To trigger the appellate process we have to make our declarations clear in the Divorce Court hearings both in writing and in our oralarguments. Once the Divorce Court Judge ignores our Declarations, we can then initiate the appellate process by filing an appeal to thenext higher State Court. There are typically two higher State Courts, a Court of Appeals, and a State Supreme Court. The State SupremeCourts of Washington and Virginia have both made clear that they recognize the Rights of Parents under the U.S. Constitution and theyhave overturned state legislation as a result. Even if your State’s Supreme Court doesn't recognize Parental Rights you can appeal onestep further, to the U.S. Supreme Court. This Court has the final say on Fundamental Liberties under our Constitution. This book willshare with you what they have had to say on the subject.
Triggering the Legislative Process is much simpler and less costly on many levels. Every State has an elected legislature that createsthe laws of the State. These laws only have legal effect if they fall within the guidelines established by the U.S. Constitution. Youcan contact your legislative representatives in multiple ways and tell them that you want your state laws to reflect the FundamentalLiberties of parents and children as they are described here in this book.
By using both of these approaches at once in every State in this Nation, we will create a voice so strong that state legislatures andDivorce Courts will have to take notice. The simple weight of thousands of divorcing parents demanding protection of their FundamentalLiberties in this way will drive change in this system. The beautiful thing about our government is that it will listen and change, ifonly you can get its attention. It takes bold action on a large scale to get that attention.
Conclusion
Now it is up to you to arm yourself by reading the rest of this book. Get the knowledge that will power your words, as gunpowder poweredthe muskets and cannons of the Revolutionary War, in this most pressing 21stcentury battle for Liberty, and the protection ofour families from unwarranted government intrusion. (THIS IS THE END OF THE PREVIEW. THE BOOK ITSELF CONTAINS MANY CASE CITATIONS ANDFOOTNOTES THAT SUPPORT WHAT WE SHARE WITH YOU IN THE BOOK AS WELL AS CASE BRIEFS AND ANNOTATIONS OF THE SUPREME COURT CASES PRESENTED INA WAY THAT MAKES THEM UNDERSTANDABLE FOR YOU AND FOR YOUR ATTORNEYS.THE BOOK IS AVAILABLE NOW.)
(We would love any feedback, comments on what you think about this first section from chapter 1. If you would be so kind to share themwith us, it would be very appreciated. Subscribe to our mailing list if you would like to know when we post more informtion, tips, andtools to help you get better outcomes in your family court litigation.)
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