Divorce & Child Custody Articles

A vast wealth of information for parent who are fighting for their children and to remain meaningful parents to their children. The US Constitution does NOT permit parental rights to turn on marital choices between parents.

Ron Palmer and Stuart McMullen will be meeting with Representative Pena Thursday afternoon to go over some details that involve defining best interest of the child as well as adding some additional provisions that will keep the courts out of your pockets and out of your private decision making for your children.

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.  The terms of an order that denies possession of a child to a parent or imposes restrictions or limitations on a parent’s right to possession of or access to a child may not… Continue reading DAILY TOOL: Minimizing Restrictions on Parents 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: The Order Entry Process begins the moment your final trial ends and a lot can go wrong. You need to plan ahead for this process.

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: Equal Shared Parenting CATEGORY: Family Law What if your judge doesn’t believe in equal shared parenting? And what if the experts he relies on don’t either? Your judge is probably going to believe any therapists, GALs or custody evaluators before they believe you. And they might have been influenced by columnists/family… Continue reading DAILY TOOL: What if My Judge Does Not Believe in Equal Shared Parenting?

TOOL OF THE DAY: Equal Shared Parenting Bills and contacts CATEGORY: Family Law Thank you LW4SP for compiling all of the Bills circulating throughout the United States. Click on this LINK TO BILLS FOR EQUAL SHARED PARENTING.  

TOOL OF THE DAY: Divorce Alternatives the things that you are not told about divorce

Co-Parenting vs. Parallel Parenting - When it is healthier to disengage from the other parent...

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: Hope CATEGORY: Family Law Reform Hope is one of the most powerful and energizing emotions. Without hope people fall into despair, depression, and helplessness. Have you ever watched a show and found amazement in human strength in a story of someone overcoming all odds? Most of the time, the person didn’t let the… Continue reading DAILY TOOL: Why Should You Have Hope When Family Courts Just Keep Winning?

TOOL OF THE DAY: Mediation CATEGORY: Family Law [THIS POST IS STILL BEING WORKED ON.] How do the divorce courts use mediation? I remember being shocked the first time I went through mediation. First: you never put someone through mediation when their children are being held hostage from them. Second: you never force mediation onto… Continue reading DAILY TOOL: Mediation…Top 5 Reasons Mediation Fails!

TOOL OF THE DAY: What is the right of first refusal in child custody? The Right of First Refusal like best interest sounds great in theory but in practice its far less great.

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 CATEGORY: Family Law Procedure When a divorce is filed, the judge makes orders right away. These orders trigger things that you will be told that you have to do. We help you understand what is happening in ways that your attorney might… Continue reading DAILY TOOL: I told the Judge No, Now What? Protect Yourself from Family Court Discovery…

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?

TOOL OF THE DAY:  Habeas Corpus Motion Sample CATEGORY: Family Law Procedure Are you facing a hearing where the court is threatening to hold you in contempt for not giving in to demands for a psych eval, custody eval, social study or something else that invades your privacy? Everyone could use a little protection when… Continue reading DAILY TOOL: Habeas Corpus Sample for Protection if you Refuse to Submit to Family Court Orders…

TOOL OF THE DAY: Testifying at Town Hall meetings and Congressional Hearings CATEGORY: Family Law Legislative Reform If you had an opportunity to speak to your congress or your supreme court justices, what would you say? This post helps you with that. If you've been hurt by family court how do you address this and overcome… Continue reading DAILY TOOL: Testifying at Town Hall Meetings and Congressional Hearings2

TOOL OF THE DAY: Framing your case properly is the most important thing you can do to protect yourself from parental alienation.

TOOL OF THE DAY: Judicial Notice CATEGORY: Family Law Definition Judicial notice is a term used to enter evidence in bulk and to save time. It is not the same thing as entering your exhibits in bulk during trial, since you still have to use your exhibits to prove something in your case. When you take… Continue reading DAILY TOOL: Judicial Notice

TOOL OF THE DAY: Protecting Your Child During and After Divorce CATEGORY: Family Law Protective parents are feeling frustrated and powerless. Let's take a look at what some are considering protective. “It is my job as a father to protect my son. I don’t agree with the mother’s decision to take my son to a counselor… Continue reading DAILY TOOL: Protecting Your Child During and After Divorce

TOOL OF THE DAY: Did you know that the Social Security... You just might lose the child’s benefit check to the other parent even if you only