Divorce & Child Custody Articles

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The Supreme Court of the United States hears many gay rights cases but no parental rights cases. Does the Court hate children?

TOOL OF THE DAY: Plenary Power CATEGORY: Family Law Definition What does it mean when the judge has plenary power? They have absolute and total power to change their orders. When you have an unsigned order their plenary power continues. A judges plenary power ends 30 days after the signing of an order. There are… Continue reading DAILY TOOL: Plenary Power

TOOL OF THE DAY: Judges have a duty to report child abuse CATEGORY: Family Law Caselaw Judges are not special in that they get to ignore child abuse, neglect, or endangerment. And respecting the rights of parents does not endanger children. As discussed in yesterday’s blog as well, judges do not have to ignore the… Continue reading DAILY TOOL: Judges have a duty to report child abuse

TOOL OF THE DAY: Rights in Conflict CATEGORY: Family Law What are two of the main excuses that the courts, the legislators, the judges, and everyone else says to parents who are fighting over custody? The court has to decide between the two of you because your rights are in conflict. And the court gets… Continue reading DAILY TOOL: How do You Protect Rights in Conflict with the Other Parent?

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… Continue reading DAILY TOOL: Texas Supreme Court rules "Best Interest of the Child" is not used to Protect Children…

TOOL OF THE DAY: Awareness CATEGORY: Family Law Tools The top 3 stressful things in life are “Death, Divorce, and Moving” says Amber Rodgers of D.I.V.A.S. in Texas. Many times people going through divorce are also having to move. Getting divorced can get really lonely too. Most people are not aware that when they go… Continue reading DAILY TOOL: Where Can I Talk About What is Happening to Me?

TOOL OF THE DAY: Family Court Harmful Processes CATEGORY: Family Law Process A young couple moved in next door. Their smiling faces and hopeful outlook for the future were reminiscent of how life used to be for you. You wonder if they have any idea what is really in store for their future. And you… Continue reading DAILY TOOL: How Does the Family Court Process Hurt Families? Webinar

TOOL OF THE DAY: Preponderance is not Protective CATEGORY: Family Law Due Process Protective parents say they are losing children to abusers, and that this is common practice. Fit parents say they are getting protective orders placed on them and ordered to only see their children in supervised visits, and that this is common practice.… Continue reading DAILY TOOL: How are the Family Courts Hurting Families?

TOOL OF THE DAY: Parental Authority CATEGORY: Family Law “Reduced father involvement after divorce has been linked to more conduct problems, particularly for boys, but when both mothers and fathers are actively involved and provide authoritative parenting, including monitoring of behaviors, adolescent boys had no more delinquent behaviors than those in married families (Hetherington, 1999;… Continue reading DAILY TOOL: Removing authority of parents leads to more behavior problems in children study reveals

TOOL OF THE DAY: More and more students/parents of our courses are making their mark and paving the way for constitutional protections in the family courts. The most recent student to make their mark is Michael Bent of Vancouver, Washington.

TOOL OF THE DAY: Support through webinars support and guidance to parents and attorneys that cannot be found anywhere else.

TOOL OF THE DAY: What is a FIAT? CATEGORY: Family Law Definition FIAT literally means "let it be done." An attorney can generally file a FIAT motion for a routine hearing such as signing a divorce decree. According to Black's Law Dictionary, Ninth Edition, this means: 1. An order or decree, esp. an arbitrary one.… Continue reading DAILY TOOL: What is a FIAT?

TOOL OF THE DAY: Wanting to Please and Sabotage CATEGORY: Family Law What's the first thing you are told when you are going through divorce? Listen to your attorney and do exactly as they say. Let's review where attorneys are starting from. 1. Ask your attorney if they believe that the judge decides the best… Continue reading DAILY TOOL: How Parents Sabotage Themselves…

The biggest Farce in Divorce is that the state has a valid interest in protection of your child between two disputing fit parents.

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… Continue reading DAILY TOOL: Remedy for Removing Judicial Immunity…

TOOL OF THE DAY: Equal Parenting Protects Children's Health CATEGORY: Family Law Politics Senator Ebke of Nebraska stated that not having regular contact with a parent has become a "critical health issue"…that she said contributes to incarceration, truancy, and crime." Domestic violence advocates believe that it is harmful to have a presumption of equal parenting.… Continue reading DAILY TOOL: Critical Public Health Issue — Equal Parenting Protects Children's Health

TOOL OF THE DAY: Children are losing when fathers are incarcerated or stripped of their driver's licenses. What is the role that father's play in a child's life and how is the child affected when the child is deprived. Are these state policies defeating the purpose they were meant to serve?

TOOL OF THE DAY: Family Studies create incentive and reward for the alienating behavior CATEGORY: Family Law The more you can harass the parent that is being attacked, humiliate them, and rub into their face that their child has been turned on them, the better it makes it for the parent driving the bad behavior.… Continue reading DAILY TOOL: Family Studies are a Major Driver of False Allegations and Creation of Lies

TOOL OF THE DAY: Entanglement – State Action Doctrine exception CATEGORY: Family Law Doctrines When can someone be held responsible for violating the constitutional rights of an individual? Since we are only dealing with family law here, we will keep this very specific. So I decided to ask the question "When can the other parent… Continue reading DAILY TOOL: Is the other parent Guilty of Violating My Constitutional Rights?

TOOL OF THE DAY: State Action Doctrine CATEGORY: Family Law Doctrines What is the State Action Doctrine and how does it play a role in how the state courts handle child custody disputes? This doctrine is one that protects the states from the federal government setting laws for the states. It gives the state exceptions… Continue reading DAILY TOOL: Does the State Have a Right to Violate My Rights? Divorce Judges Think So…

TOOL OF THE DAY: Florida Alimony Reform HB943 Update hosted by Alan Frisher, Spokesman for Family Law Reform, Inc., Terrance Power, and family law attorney Lori Barkus

TOOL OF THE DAY: Divorce is not a Trigger for Mental Health or Family Studies of any Kind. CATEGORY: Family Law Where the state asserts a right to decide the best interests of the child and orders mental health or family studies of any kind, the state violates the Fourth and Fifth Amendment rights of… Continue reading DAILY POST: Divorce is not a Trigger for Mental Health or Family Studies

TOOL OF THE DAY: Child's rights Violated by Current Family Court Practices CATEGORY: Family Law The legal presumption that a state may “grant” or “assign” custody or possession of a child to one parent over another parent based on nothing more than a change in the marital status of the parents is a legal legacy… Continue reading DAILY TOOL: Child's Rights Violated by Current Family Law Practices!

TOOL OF THE DAY: Family Matters…Radio Interview of Ron and Sherry Palmer on Whether Constitutional Rights Apply to Family Courts CATEGORY: Family Law This interview hosted by Jill Egiizi contains a ton of valuable discussion about your rights, where they come from, where to find them, and how to use them! “Imagine a day when… Continue reading DAILY TOOL: Family Matters…Do You Have Constitutional Rights in Family Court?

Parents are the Experts in Raising their own Children. Federal Court says so.

TOOL OF THE DAY: Storing and Sharing Your Evidence CATEGORY: Family Law Organization can be a problem when you are going through divorce, especially when there are property issues and child custody disputes. We found that the best way to store your files and share them is on a Google Drive, a private wiki, or… Continue reading DAILY TOOL: Storing and Sharing Your Evidence Just Got Easier…

TOOL OF THE DAY: Equal Parenting Reduces Incentives to Fight Over Children, reduces alienation, and does not cause children to be placed with abusers. CATEGORY: Family Law Resources "It is insanely cruel for the Family Law System to allow a child to testify against a parent, simply because that system can't come to terms with… Continue reading DAILY POST: Equal Parenting Reduces Incentives to Fight Over Children, reduces alienation, and does not cause children to be placed with abusers

On Thursday March 12, 2015 as many of you know Ron Palmer and Stuart McMullen had their meeting with Representative Pena regarding the Equal Parenting Bill HB2363 and putting the Protecting Parent-Child Bonds Bill as a rider onto HB2363. First, Ron and Stuart went by Rep. Dutton’s office (Chair of the Juvenile Justice and Family Issues… Continue reading Update on the Texas Equal Parenting Bill HB2363

TOOL OF THE DAY: Conflicts of Interest – The State is a Party CATEGORY: Family Law Caselaw This caselaw counters the BS about the state not being a party in divorce or custody issues. The simple fact that the state asserts an interest in deciding what is in a child’s best interest makes the state… Continue reading DAILY TOOL: Do states have a Conflict of Interest in Child Custody?

Family Law Funded Justice is a crowdfunding site started by Attorney Michael A. Helfand in Illinois. This site is unique to those needing to raise money for legal needs.

Supreme Court on Breaking up the Family: 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...

TOOL OF THE DAY: SAPCR amendment — Protecting and Asserting Fundamental Parental Rights CATEGORY: Family Law Forms Sick and tired of waiting for an attorney or some other expensive expert to do the right thing and give you your rights to your children back? Stop waiting and start asserting your rights today. Add the following… Continue reading DAILY TOOL: SAPCR amendment – Adding Protection for Your Rights into Your Pleadings…