Divorce & Child Custody Articles

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: 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

When can someone be held responsible for violating the constitutional rights of an individual? When can the other parent be held responsible for being a participant for violating your constitutional rights?

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!

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

TOOL OF THE DAY: 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.

TOOL OF THE DAY: Minimizing Restrictions on Parents Possession or Access CATEGORY: Family Law Statute Sec. 153.193. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS.

TOOL OF THE DAY: Judges, their roles, and their biases CATEGORY: Family Law Emotions matter…especially when they are the emotions of the judge. Yes you have rights and you should not be basing your rights on anyone’s emotions, not even a judge. But you also cannot completely blow the judge off and your opportunity to… Continue reading DAILY POST: If Judges Use Biases Why Can’t You?

TOOL OF THE DAY: Right to appeal CATEGORY: Family Law Appellate courts are not required by the constitution. The formation of these courts was left up to congress and state legislatures in Section I of the United States Constitution. There are rules the appellate courts follow when evaluating whether or not you have a right to… Continue reading DAILY TOOL: Do You Have a Right to Appeal?

TOOL OF THE DAY: Analyzing Divorce Tools CATEGORY: Family Law Strategy If you are surfing around looking for something you can use to gain an advantage so that you can get custody of your children, you can find tons of attorneys, coaches, support groups, and other advisers all swearing by their methods and tools. You… Continue reading DAILY TOOL: Divorce Tools Steering You Off Track

TOOL OF THE DAY: Violation of Due Process CATEGORY: Family Law This might be a social security representative payee case but it sheds light on what the rules are when an entire system is depriving individuals of their constitutional rights. This three-panel judge court found that a particular form being used with mental health patients… Continue reading DAILY TOOL: When an Entire System Results in the Same Injury…

TOOL OF THE DAY: Parental Presumption CATEGORY: Family Law How many times has CPS stormed into someone’s life and then told them that they had to do exactly as they were told? How many were told that they had to attend some sort of counseling or rehabilitative parenting type of program or had a looming… Continue reading DAILY TOOL: Does Parental Presumption Take Away CPS Power?

TOOL OF THE DAY: Parenting Coordinator/Parenting Facilitator CATEGORY: Family Law All states are using "the best interest of the child" to justify any action that they take, e.g. appointing a guardian ad litem, appointing a parenting facilitator or a parenting coordinator. Just because a statute says that the court gets to determine best interest, do you… Continue reading DAILY TOOL: Parenting Coordinator/Parenting Facilitator

TOOL OF THE DAY: "Unduly Burdensome" and "Unnecessarily Restrictive" CATEGORY: Family Law Caselaw Are the appellate courts beginning to realize that the trial courts are getting carried away? One of the most recent rulings, IN INTEREST OF HDC, coming out of Tex: Court of Appeals, 14th Dist., November 18, 2014, overturns a Houston, Texas trial… Continue reading DAILY TOOL: "Unduly Burdensome" and "Unnecessarily Restrictive"

If there is a substantive error in your order, you can petition the court to amend the judgment.

TOOL OF THE DAY: Declaratory Judgment CATEGORY: Family Law If you are at the beginning of your divorce, consider filing a declaratory judgment. The definition of declaratory judgment is “a judgment that merely decides the rights of parties in a given transaction, situation, or dispute but does not order any action or award damages.” You probably guessed… Continue reading DAILY TOOL: Declaratory Judgment for Establishing Your Rights

TOOL OF THE DAY: Drugging Your Child CATEGORY: Family Law (This post is being worked on.) Is the other parent prohibited from getting treatment without your permission? Does the other parent have to inform you of medical conditions of your child? Is your order in enforceable language? All of these are questions you will want… Continue reading DAILY TOOL: Drugging Your Child

TOOL OF THE DAY: Social Studies CATEGORY: Family Law Your family code defines what power the court has to order a social study. The code should also states what criteria has to be met before a social study can be ordered. In Texas Family Code section 107.051 the judge is given the power to order… Continue reading DAILY TOOL: Social Studies

TOOL OF THE DAY: Child Therapists and Parenting Facilitators CATEGORY: Family Law Child therapists do not determine the best interest of your child unless you authorize them to do so. One way that you can counter some of what a therapist is testifying to in your case is to ask them questions that they have… Continue reading DAILY TOOL: How Might a Child Therapist Affect Your Child Custody Outcome?

TOOL OF THE DAY: Empowering Children in Harmful Ways CATEGORY: Family Law Culture Has your judge ever asked you to “Think about what you two are teaching your children?” Asks you how you want to influence them and what you want to teach them. And then the judge strips one of you of most of your… Continue reading DAILY TOOL: What Did the Court Just Teach Your Children?

TOOL OF THE DAY: Interviewing a Child in Chambers CATEGORY: Family Law Can the judge interview my child in chambers? What if the family code statute says he can and my attorney says he can? Is there anything I can do to stop this? Today, we are discussing whether or not this is allowed under the… Continue reading DAILY TOOL: Can the Judge Interview My Child in Chambers?

TOOL OF THE DAY: Protective Order Sample Template CATEGORY: Family Law Templates If you have been served discovery, asked to do a social study, psych eval, custody evaluation, submit to a counselor or any other type of search you can ask your attorney (if you have one) whether they can file something like this on… Continue reading DAILY TOOL: Motion for Protective Order Sample Template

TOOL OF THE DAY: A Simple Proven Method for Protecting Yourself from Discovery We help you understand what is happening in ways that your attorney might not

TOOL OF THE DAY:  When is a statute constitutional or unconstitutional? CATEGORY: Family Law Okay so you told the court that you believed the statute was unconstitutional, but the Judge disagreed and said that the appellate court in other cases found the statute that you are challenging as constitutional, now what? Can you salvage this… Continue reading DAILY TOOL: Help How Do I Prove a Statute Unconstitutional?

The people that are supposed to protect you from government intrusions are opposing a Measure that strives to protect children from abuse of power in the family courts. While it is true the measure comes up a little short it's not in the ways that the attorneys and the American Bar Association might lead you… Continue reading Why would attorneys, the ABA and the ACLU oppose Measure 6 that protects children?

A father is facing felony charges for recording a custody conference and then posting it on Facebook. “I wanted to show people that the court was acting corruptly,” Cline said Monday in a phone interview. “They weren’t fighting fair. They’re doing everything they can so I can’t have my kids.””1 Do you blame this father… Continue reading Eeny Meeny Miny Moe – Enforcement Unequal Treatment

Very important work. Anyone that has ever had trauma issues from their childhood or relationship can make a difference by contributing to this film today. If you have ever tried to explain to someone what it felt like but couldn’t get the other person to understand, now you can let Melody and Mike show the… Continue reading Promises and PTSD a new way to see it.

Ultimately all judicial power rests with the Supreme Court of the United States. They are the final arbiter of all judicial issues. Your Rights are not Dependent on the Legislature!