Have a child custody case coming up? Has anyone talked about what rights are at stake here? The last time I sat in a courtroom waiting for the family cases to be heard, I got to hear the criminal docket first. The judge asked every single person at the beginning of their criminal hearing if they understood their rights and then listed their rights out to them even if they said that they understood them and knew what they were! In addition, the judge further asked them if they understood that they would be giving these rights up if they plead the way they were pleading or if they agreed to a particular plea bargain. WOW! We waited to see if the judge would do the same thing in the divorce and child custody civil cases.
Nope. Nothing had changed. One by one parents walked up to the bench with their attorneys and made agreements that violated their rights without ever being told by the judge that they even had rights or warned that their agreements could be giving up rights.
These motions are to protect you and your child from suffering through violations of rights you didn’t even knew you had. Rights that could have protected you from the excessive expense they place on you when you don’t know your rights. And rights that could have protected you and your child from loss of time together. If you wait on the court to tell you or to protect these rights automatically you are going to be sorely disappointed.
All of the motions are intended to be used in conjunction with the others.
The DUE PROCESS: Procedural Protection MOTION is based on the substantive rights and the equal protection rights and it requires the court to declare precisely which procedures the court is duty bound to follow before it seeks to in any way infringe or limit your substantive or equal protection rights.
The DUE PROCESS: Substantive Rights MOTION establishes what your basic rights are and requires the court to specifically write them down so that they cannot be ignored.
The Equal Protection Motion clarifies what your rights are under equal protection of the laws, dispels some of the common myths that allow courts to treat single and divorced parents differently than married parents, and requires the court to write down these rights and the classifications they use so that they can no longer hide behind false presumptions.
So the first two motions require the court to acknowledge your rights and the third motion requires the courts to articulate specifically how they are going to protect those rights. By doing this in this way, if the court fails to do what it is required to do, you have the means to appeal and have the appellate court require them to do what is required of them.
You can give these motions to your attorney and ask them to ask for a separate hearing prior to your next hearing or trial in your divorce or child custody modification. Don’t let your court and your attorney skip this step. You and your child pays dearly when they skip these steps! TAKE ME TO THE MOTION PAGE.
We offer webinars to teach you more about these motions here: TAKE ME TO THE WEBINAR TRAINING PAGE
It would cost you thousands of dollars just to have your attorney develop the arguments for these motions. And we haven’t found an attorney yet who has demonstrated that they could draw these up. They just don’t have the training in these rights the way that we do. We have spent thousands of hours studying how the supreme court and federal appellate courts reason through these issues…how they think about these issues, and how they apply protections for these issues, and how they would be applied to the family courts. We create arguments that are consistent with what the federal appellate courts have already said. TAKE ME TO THE MOTIONS PAGE.
We have also studied many of the state opinions and how they twist many of these principles to meet their preconceived ideas and their desired outcomes.
When you get these motions you have saved thousands of dollars already. Don’t let attorneys fool you into thinking that it will cost you more to argue your rights and your child’s rights. It will ultimately save you. It will cost you more to let them ignore your rights, whether it be in direct financial outlay immediately or over the course of time throughout the rest of your child’s life in child support, alimony/spousal maintenance, the number of times you have to go back to court over a right you didn’t protect in the beginning or a right that they said you have in your order but you aren’t able to exercise it, or whether it be because you are having to go back to modify because the original orders weren’t just in the first place. And think of all the time you are going to lose with your child taking that traditional path.
So you will spend more and lose more not protecting your rights, you will lose precious time with your children, you will live constantly under stress wondering when you will be back in court again with no protections, and you will never be able to just move on and be yourself and live your life without fear of not knowing when things can change on you again.
Use these motions and shut all of this down. These are breakthroughs and brand new so don’t be surprised if the court plays like they don’t know how to hear you on these. Contact us if you are having trouble with presenting these or if you are getting a response from your court or your attorney that you don’t know how to deal with. www.fixfamilycourts.com/contactus/
*DISCLAIMER: We are not attorneys. We do not practice law. We are not responsible for anything you use from this website. We do not know the nuances of your case so check with an attorney before you use it for your case. We are not telling you what to do. We are providing you with alternative education that is protected under the 1st amendment. If you use these materials you do so at your own risk. You are encouraged to seek an attorney to help you use these motions and information.