Do I have Rights in Family Courts? Parental Equality just got easier...
Child Custody in divorce can be so expensive and confusing. This alienated father learns how to use his rights to protect him and his children from abusive court practices. This is the intro to a series of videos on "How to Fight for Parental Rights."
By: Fix Family Courts | Posted: | Modified:
Fix Family Courts ChannelDo I have Rights in Family Courts? Parental Equality just got easier...
Published: June 20, 2016
Child Custody in divorce can be so expensive and confusing. This alienated father learns how to use his rights to protect him and his children from abusive court practices. This is the intro to a series of videos on "How to Fight for Parental Rights." If you want to learn more go to www.fixfamilycourts.com/webinars or contact us at www.fixfamilycourts.com/contactus and tell us what you need.
How to Protect Your Parental Rights During a Messy Divorce
Divorce often starts with a promise to stay friendly. Many parents believe they can work things out for the sake of the children. However, things can change fast once attorneys get involved. You might find yourself locked out of your home or kept away from your kids. This happens to many good parents who just want to stay in their children's lives. Understanding your rights is the first step to stopping this cycle and protecting your family.
The Problem with Traditional Divorce Tactics
When one parent hires an attorney, the tone of the divorce often shifts. Lawyers sometimes encourage parents to find "dirt" on each other. They might suggest that the children would be better off with only one parent. This approach treats the other parent as an enemy rather than a partner in raising children.
Traditional legal strategies often include:
- Restricting parenting time through temporary court orders.
- Making false allegations to gain an advantage in court.
- Using children as pawns to get more child support or property.
- Creating unnecessary delays that keep parents and children apart.
These tactics create a lot of stress. They also cost tens of thousands of dollars. The biggest victim in this process is the relationship between the parent and the child.
Understanding Court-Induced Parental Alienation
You may have heard of parental alienation. This is when one parent turns the children against the other parent. But there is another type called court-induced parental alienation. This happens when the legal system itself causes the rift.
The court might limit your time to a few days a month. They might call your time with the kids "play time" while the other parent handles "responsibilities." This sends a message to the children that one parent is less important. Over time, this disrupts routines and hurts the bond you have with your kids.
Your Rights Are Not Tied to Your Marriage
Many people believe they lose their rights when they get divorced. This is not true. Your parental rights are not connected to your marriage. You have a right to be a parent regardless of whether you are married to the mother or father of your children.
Divorce is not a legal reason for the state to take away your rights. You must learn how to bring these arguments into the courtroom. If you do not claim your rights in your legal papers, you might waive them. This means the court can act as if those rights do not exist.
Using Better Legal Tools
There is a better way to handle a custody battle. You do not have to try to make the other parent look bad. Instead, you should focus on equal protection and due process. These are constitutional rights that protect your role as a parent.
To fight back effectively, you can use specific legal motions. These motions use arguments from federal court cases. They help show the judge that you have a right to be an equal parent. You can find these tools through resources like Fix Family Courts.
| Tool Type | What It Does |
|---|---|
| Equal Protection Motions | Argues that both parents should be treated the same by the law. |
| Due Process Motions | Ensures the court follows fair rules before taking away parenting time. |
| Testimony Training | Teaches you how to tell your story as evidence in court. |
| Declaratory Judgments | Uses high-level legal arguments to protect parental bonds. |
How to Prepare for Your Court Hearing
If you have a hearing coming up, you need to act fast. Do not wait for things to get worse. You can learn how to protect yourself from expensive experts and long delays.
One of the best ways to prepare is by joining a support group or a webinar. These sessions teach you how to make your testimony count. You will learn how to speak to the judge so that your words serve as strong evidence. You can register for webinars and support groups to get started on your case.
Conclusion
Protecting your children means protecting your rights. The current legal system often ignores the bond between a parent and a child. You do not have to follow the path of high costs and high conflict. By learning the right legal arguments, you can stay a meaningful part of your children's lives.
Take control of your situation today. You can find books like "Not in the Child's Best Interest" on Amazon to learn more. You can also visit Fix Family Courts to find the motions and webinars mentioned in this guide. Empower yourself with knowledge so you can end the unnecessary stress of a difficult divorce.
Video Transcript
0:01 Danette when you filed for divorce you 0:04 said that we would be amicable what 0:06 happened I talked to an attorney who 0:08 said that I wasn't getting everything 0:10 that I should get he said that the way 0:12 that you were being was abusive and that 0:14 the children would be better off with me 0:16 most of the time but we agreed and you 0:19 told me that I could pick up the 0:21 children and take them camping with me 0:22 this weekend 0:23 all agreements are off Arthur you just 0:26 don't get it 0:27 it's not good for the children to spend 0:29 so much time away from home 0:31 you are just disrupting their routines 0:33 you get the time that the court has put 0:36 in the temporary orders and that should 0:38 be more than enough for you to of your 0:40 playtime while I spend all my time 0:42 taking care of the responsibilities and 0:44 making sure that the children are taken 0:46 care of what do you mean I take care of 0:49 them just as much and I want to continue 0:51 no Arthur you don't get to do that in 0:54 divorce besides you don't even know what 0:57 the children take for their lunches to 0:59 school it is not good for the children 1:01 to have two homes like that and of their 1:03 routines and schedules disrupted my 1:06 attorney says that it's better if just 1:07 one of us has the most of the time that 1:10 is better for the children are you being 1:17 treated this way in your divorce Arthur 1:21 is not alone unfortunately this happens 1:24 to many parents and children Arthur has 1:26 been served with an order restricting 1:28 his time with his children and to pay 1:30 child support Arthur has also been 1:33 kicked out of his house and false 1:34 allegations are now being made I just 1:38 don't understand how things got this way 1:40 my relationship with my children was 1:43 just fine before this is very confusing 1:45 and painful for Arthur he has not had as 1:49 much time to come to terms with the idea 1:51 of divorce usually the other parent has 1:53 been planning to file for divorce for a 1:55 while so Arthur does what most parents 1:58 do and makes an appointment with an 2:00 attorney before learning he has rights 2:04 Arthur goes to this attorney with hopes 2:07 that this can all be stopped and made 2:09 amicable again our there has no idea 2:12 that he will be 2:13 subjected to extreme burdens and expense 2:16 Arthur has no idea that his and his 2:18 children's rights will be completely 2:20 ignored my wife and I were working 2:24 things out just fine and then she got 2:26 this attorney who is making her do 2:28 things that she never did before she is 2:31 even telling the children that I'm bad 2:33 and that I left them Arthur we can 2:36 certainly help you we will need to do 2:38 discovery and find out as much dirt on 2:40 your wife as we can the worse we can 2:43 make her look to the judge the better 2:45 chance you have of getting the children 2:47 oh and if you can get the children to 2:49 side with you do it having the children 2:51 on your side is half the battle can you 2:54 get the children to say that they want 2:56 to live with you oh and we may want to 3:00 ask for a guardian I'd like them to 3:02 protect your children if things really 3:04 ramp up Arthur is being led into a 3:09 process that ignores his and his 3:11 children's rights there will be lots of 3:13 delays and even more loss of time with 3:16 his children and Arthur is being led 3:18 into spending tens of thousands of 3:20 dollars and going through years of 3:21 stress and suffering 3:23 Arthur is also at high risk of being 3:25 alienated from his children or 3:27 alienating them from the mother just so 3:28 that he can continue to be a meaningful 3:30 part of their lives there must be a 3:33 better way I don't want to take my 3:36 children from their mother and I 3:37 certainly don't want to make her look 3:39 bad there is a better way but Arthur 3:42 isn't being told this why isn't Arthur 3:47 being told that he can protect himself 3:49 from being alienated and protect his 3:51 children by protecting his rights 3:56 because this alternative way is not 3:59 taught to attorneys today so Arthur is 4:02 going to have to learn this way on his 4:03 own Arthur is going to have to learn 4:06 that his rights those children are not 4:07 connected to his marriage to the mother 4:09 and divorce is not a legitimate reason 4:11 to take away his right and he is going 4:15 to need to get these arguments into the 4:17 court one way he can do this is by 4:19 making sure that his pleadings aren't 4:21 waiving his right and by making his 4:23 testimony count Arthur needs to learn 4:26 to protect himself with his testimony 4:27 and his pleadings Arthur's going to 4:31 learn that by protecting his rights he 4:34 is also protecting the children's rights 4:39 Arthur goes to meet sherry with fixed 4:41 family courts to see if she can help 4:43 sherry is co-author of the number one 4:46 parental rights book not in the child's 4:48 best interest then he found on Amazon hi 4:54 sherry I got your book and have read 4:57 some of it I would like to know how I 4:59 can use some of it in my case great 5:02 Arthur I'm glad that you found the book 5:04 your rights are what will protect you 5:07 and your children from further damage 5:09 from alienation and from these courts 5:11 yes I feel like I'm just being cut out 5:14 more and more and everything the 5:16 attorney suggests is very expensive and 5:19 takes a lot of time you told me in an 5:23 email that your children were not have 5:25 alienated before all of this so you were 5:27 suffering from what we call court 5:29 induced parental alienation I have given 5:31 you some resources to learn more about 5:33 witness okay thanks and how do I help my 5:37 attorney use this information from the 5:39 book you will use the motions the 5:42 motions have simplified the arguments 5:44 that are in a book and the motions have 5:46 added the arguments from the declaratory 5:49 judgment brief that we filed in federal 5:51 court okay sounds simple enough so far 5:54 starts by giving your attorney the equal 5:57 protection and due process motions you 5:59 need to get the court to hear these 6:01 motions we have a webinar that teaches 6:03 more about how to do this okay great 6:06 where do I find these webinars at 6:10 www.fixez.com slash webinars get into 6:15 one right away before any more time goes 6:17 by and things get even worse okay I will 6:20 do that since I have a hearing coming up 6:23 for the temporary orders is there 6:25 anything else that I should do before 6:27 the hearing yes also register for the 6:30 how to tell your story support group 6:32 webinars 6:36 the how to tell your story testimony 6:38 supports group webinars are also all 6:41 online you can come to them from the 6:43 comfort of your own home the support 6:45 group is intended to teach you how your 6:47 testimony is used as evidence you will 6:50 learn how to make your testimony work 6:52 for you do I register out the same page 6:55 as the other webinar on the motions yes 6:58 go to www.skybanditz.com Oni from akele 7:20 as well oh wow I'm going to go online 7:23 now and get into those webinars at WWF 7:27 it's family courts calm slash webinars 7:29 oh and I'm going to subscribe to your 7:32 email list too so that I get email 7:34 notifications about new stuff like this 7:39 great I look forward to working with you 7:42 and helping you empower yourself and get 7:44 better results and end the unnecessary 7:46 costs and delays