Tag Archives: child custody

Mom Gets Texas D.A. to Enforce Penal Code for Child Custody Interference and Arrest Father

Parent withholding your child? Are you being alienated? This mother finally got a Texas District Attorney’s office to enforce the penal code regarding child custody interference. They arrested the father yesterday, March 2, 2017, and she was able to go and pick her children up immediately. Penal Code 25.03 says that a person is interfering…

Continue Reading →

What do you do when there is no attorney that knows how to protect you?    

Have you ever been told, “Well you had an attorney didn’t you? So what are you complaining about?” You are treated like that was enough, like that was sufficient. And then they look at you funny and act like they don’t understand why you are complaining. They act confused about why you didn’t like the…

Continue Reading →

What are Your Rights in Family Law Courts?

There seems to be dispute as to what your rights are when you enter a family law courtroom. You really don’t have time to wait. You need to find what can help you now! DURING my research I came across a groundbreaking method that could save your child from being put in the middle by the…

Continue Reading →

YOU HAVE RIGHTS EVEN IN DIVORCE…CLASS THAT HELPS YOU UNDERSTAND THEM

FIRST CLASS EVER THAT TEACHES PARENTS TO BE MORE EFFECTIVE I stood there staring at the judge in disbelief…He was just sitting up there acting like I wasn’t there, like I didn’t matter, like there was nothing wrong with what he has done to me and my children. And worse, he had the gall to…

Continue Reading →

Where do You Stand on Protecting Parent-Child Bonds

Where do you stand on  Protecting Parent-Child Bonds is a question we should be asking to every politician, judge, and family law attorney. It is imperative that we begin setting the expectation in our society that children need to be protected and that children are best protected when the rights of fit parents are protected.…

Continue Reading →

Child’s Stability Does NOT Trump Parental Rights

So many people attempt to manipulate our emotions in child custody issues. They get us stoked up and emotionally tied to their often false arguments. One of these false arguments is that children have a “right to stability.” I routinely scour US Supreme Court opinions to better understand parent and child rights. I have yet…

Continue Reading →

Why aren’t More Parents Fighting Back – Part 2

When the cost is not high enough judges and attorneys are not going to respond either. They will continue to operate on the premise that they don’t have to worry about how parents feel about what they are doing. Judges and attorneys do not see themselves as “lawbreakers” even though it essentially has the same…

Continue Reading →

Destroying Divorce Court Lies: Divorce Courts Lie When They Claim That Parental Conflict Negates Parental Rights

Sadly, many attorneys and divorce court judges use this excuse to take on power that is NOT theirs by right. The idea that a right can be eliminated just because it conflicts with another right would make rights themselves meaningless. Religious rights guaranteed under the First Amendment are often in conflict with the rights of…

Continue Reading →

Your Get Out of Jail Free Card! Free Sample Pleading Writ of Habeas

Many of you may have already heard about the poor mother, Katina Tengesdal of Fargo North Dakota, who has been jailed for 8 days because she refuses to give up her constitutional right to determine who her child will associate with. Judge Doug Herman has jailed Mrs. Tengesdal for asserting her constitutional rights as defined by…

Continue Reading →

Is Claiming Narcissism in the Family Court System grounds to ignore Parental Rights?

“Narcissistic Personality Disorder in the Family Court System”[i] is not Opportunity for the Courts to Ignore Parental Rights and Your Constitutional Protections. Tina Swithin brings up some really good points and some suggestions in her most recent article “Narcissistic Personality Disorder in the Family Court System” but also presents a couple of suggestions and ideas…

Continue Reading →

Children Can’t Choose Not to go to School, Why do they get to Choose a Parent in Divorce? Response to Nicole Nenninger’s comment.

Nicole Nenninger brings up several very important issues around child custody battles. She gets right to the point and we get to the heart of these destructive practices. Yes, the current court system in family law is “a stupid, horrible idea, court system!” Nicole. The intended results of the current court system is to eliminate…

Continue Reading →

Were you convinced that if you just did what the attorneys and the family law court told you to do that you couldn’t possibly lose your child?

Did your own attorney convince you to just go along with them to get along? Just agree to see a psychologist or therapist? And, that after you prove to the therapist that you don’t have any mental illness and that you are the better parent, she could then prove to the other attorney and the…

Continue Reading →

It’s My Job to Destroy Parent-Child Relationships…Will That Excuse Save Me?

Only parents going through a custody battle can relate to how the scene in “The Green Mile,” where the warden’s wife says to John (the man on death row who just saved her life) “I dreamed of you…we were both wandering in the dark and we found each other” feels. You pray and dream for someone…

Continue Reading →

Florida Legislature Sells Swamp Land to Parents Seeking Parental Rights!

I’ve been reviewing Florida’s family law statutes in detail and can tell you they lie better than any State I have seen so far. Under Florida’s statute 61.13(2)(c)2. it says “The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility…

Continue Reading →

Florida Statute 61.13 covering divorce and child custody is unconstitutional on its face: see exactly where and how

Florida Statute 61.13 is unconstitutional on many fronts. The following is the complete text of the statute with specific sections highlighted and the author’s comments embedded inline in red text. The Florida legislators need to go to work and fix this statute so that it reflects the fact that parents have rights and that those…

Continue Reading →

Do Florida divorce and child custody laws violate the U.S. Constitution?

I’ve recently had reason to review the divorce, child-custody, and alimony statutes of Florida, and I have come away with a strong belief that these statutes are unconstitutional as written. If you have read my book or my other blog posts, then you are aware that the U.S. Constitution has been interpreted by the Supreme…

Continue Reading →

Do parents have constitutional rights to their children?

After providing a lengthy discussion of the existing precedent the US Supreme Court as recently as 2000 has said that: “In light of this extensive precedent, it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control…

Continue Reading →

Parents are particularly annoyed by judges and attorneys who…Must-have list before you step foot into court in Child Custody Cases

Here’s a book we found on the ABA website teaching attorneys how to communicate with judges. The author lists the following list that we feel is severely lacking: “Judges are particularly annoyed by lawyers who: ignore the rules of court; fail to prepare; arrive late; repeat themselves; act rudely; make frivolous arguments; mislead the court;…

Continue Reading →

Radio Interview of the authors of the book “Not in the Child’s Best Interest”

Interview of authors of “Not in the Child’s Best Interest” by Marti Oakley of TS Radio Listen to internet radio with Marti Oakley on BlogTalkRadio If you missed this interview where we discuss Chapter 2 from the new breakthrough parental rights book, “The Wrong-Headed Thinking of Divorce Courts” you can listen to it here. Post…

Continue Reading →

The one thing to do to change custody battle momentum

Parents find themselves in runaway custody battles every day. They get hammered for simple things that all parents do but when in a divorce custody battle these get used against you. You can often see the change in attitude of the judge when some minor issue is presented in such an inflammatory way that the…

Continue Reading →

What and Why Do Divorce Lawyers Do in Their Own Divorce?

I found an article called “What do Divorce Lawyers Do In Their Own Divorces” written by J. Richard Kulerski, attorney and partner in the Law firm of Kulerski & Cornelison published on February 6, 2012 at Huff Post Divorce[1] particularly interesting. There were several things that caught my attention. J. Richard Kulerski asks “What do…

Continue Reading →

How to Limit Divorce Court Power to deny your parental rights – procedural due process?

Did you know that you can block the Divorce Court from determining custody based on the best interest of the child standard? There is a basic procedural step that your attorney and the Judge are simply skipping over as they rush to assume that the Divorce Court has authority to take your child from you.…

Continue Reading →

It’s the Parent’s Fault? Are Divorce Courts Causing Harm to America’s Children?

It’s the Parent’s Fault? What if your child is against you? What if your child does not want to live with you? What happens when the court places your child in a position to choose between parents? Does this warrant marginalizing a parent?  Does it really matter what it is labeled? Not really. The result…

Continue Reading →

Father’s Have Rights Guaranteed by the Constitution. Mother’s Have Rights. Judges Can Protect with Proper CourtRoom Prac

“We believe that divorce is one area of law in which overly aggressive and hostile tactics do not work well. They serve only to delay resolution, run up legal costs and do lasting harm to children and families.” http://divorcesupport.about.com/od/divorceattorneys/a/ThydenGrossBio.htm Finally a firm that calls attention to practices that are creating “harm to children and families.”…

Continue Reading →

Is the Abuse you Seek to Escape in Your Marriage Magnified in Divorce? Are Children Used as Weapons in Divorce?

“Divorce court has no boundaries and the abuse you seek to escape in your marriage is magnified by our current family court system and in many cases made worse. You become more mistreated and abused and worse now they have the authority and approval of the courts to do it and become even more empowered.…

Continue Reading →

“The Constitution is the law that defines and limits the powers of government.”

“The Constitution is the law that defines and limits the powers of government.”[1] No wonder the state courts have resisted using it in family law. Their powers have gone virtually unlimited. Limited only by their own interpretations of limits and use of their power. This has left families and children at the mercy of the…

Continue Reading →

Does the Family Law System require and encourage false abuse allegations?

There are a lot of complaints out there about false abuse claims. Have we delved into why there might be so many? Really delved. What if you tried to be fair in the beginning? What if you didn’t want to fight? What if you tried not to involve any of your private life and marital…

Continue Reading →

Feel UnHeard in Family Court? Did they Ignore Real Abuse and Reward an Abuser? Did you Get Punished for Abuse you Didn’t Do?

If you deprive an innocent parent of Parental Liberties, do you deprive a child of their First Amendment Rights as well? We discuss this in chapter 15 of our new book coming soon, “Not in the Child’s Best Interest.” (some more notes from running through more edits of the book follow — keep in mind…

Continue Reading →

Are Child Custody Rulings in Divorce Based on Personal Preference? One Judge Says they Are.

We reviewed the S.C. Supreme Court case Adoptive Parents v. Baby Girl and asked the question, Do U.S. Courts Protect Indian Children Better than they Protect non-Indian Children? We came to the conclusion that many of the same reasons that they created the ICWA[i], also exist in divorce cases. Judge Garfinkel, in a letter he wrote…

Continue Reading →

Parental Rights

Did you know that the US Supreme Court has ruled on several occasions that the right to be a parent is one of the most fundamental rights of our society? Did you know that this right only applies to you if you are married or if the other parent is deceased? Family Courts see it…

Continue Reading →

Can the Court Assume You are Unfit Just Because You Are Getting Divorced?

If A Fit Parent’s Decision is the Best Interest of the Child, What Happens in Divorce When You Have Two Fit Parents in Disagreement? (Are you Unfit because You are Getting Divorced? You are not unfit until the court proves you are unfit. It is the State that must prove you unfit. You do not…

Continue Reading →

When Does Divorce Court Have the Authority to Take Your Equal Time from You with Your Child?

This post is sharing some more valuable content on child custody and divorce from our soon to be released book “Not in the Child’s Best Interest.” This excerpt explains more on parens patriae, its role, and where the power and authority originate in child custody: “If the State intervenes in the custody rights of parents,…

Continue Reading →

Did you Know that Supreme Court Opinions do not Support Judges or Experts Determining the Best Interest of the Child over a fit Parent?

This is a very important case if you are fighting against another parent since the same legal reasoning should be applied, except that now you are battling another biological parent. You will notice that this Nebraska case is a biological parent battling grandparents, and that the cases that the Supreme Court uses to support their…

Continue Reading →

“Ideas are very often tainted by people’s personal ideologies.” Glattfelder Oct 2012 TED talk

“Ideas are very often tainted by people’s personal ideologies.” Glattfelder Oct 2012 Problem: “Ideas are very often tainted by people’s personal ideologies.” The complexity perspective, James B. Glattfelder hopes allows for some common ground to be found. “The power to help end the gridlock created by conflicting ideas which appears to be paralyzing our globalized…

Continue Reading →

Did you Think You Had to Let the Court Steal Your Child from You?

There are plenty of people out there that want to tell you what to do and how to raise your child. Even MSNBC anchor Melissa Harris-Perry says that the children belong to the community. Could she be wrong? Glenn Beck, Sarah Palin, and many other well-known conservatives are screaming that she is, and we agree.…

Continue Reading →

Can Family Court Orders stand up to the Equal Protection Clause?

Navigating an Equal Protection argument in the Supreme Court can be extremely tricky. I just touch on the subject here to give you an idea of how you might approach it. I have open discussions on this and other constitutional issues regarding parental rights on my linked in at http://lnkd.in/8-UkcQ and there is more extensive coverage of…

Continue Reading →

Can We Be Sure The Family Court System is Not Biased and Based on Personal Beliefs?

We all like to talk about the parents in custody battles and we hear about everyone viewing them through a microscope. Picking them apart, analyzing every move and every breath and judging everything they do. We look for reasons to like or dislike one or the other. Everything the parents do, everything the children do…

Continue Reading →

Have Family Courts gone Insane?

“It is high-time that we put some sanity back into this system. It is high-time we move the basis of our Family Laws from a flawed and tragic history of prejudice and discrimination to one of Fundamental Rights for Parents and for Children and recognition that those are rarely in conflict.” Our book proposes a…

Continue Reading →

Parents Have Rights and Expect their Attorneys to Protect and Preserve those Rights

Okay, so you have read Chapter 1 of our new book that we posted on this blog, now what? This book is not just a bunch of arguments being layered into the current system. It is not just another band-aid. It is a complete re-thinking of the family law approach, based on a fundamental rights…

Continue Reading →

Hope for Parents

Here is a preview from a parental rights book that we have been working on to provide more tools and empower parents and their attorneys in divorce custody battles (we are not attorneys ourselves and do not offer this as legal advice, we share this with you for informational purposes only, and recommend that you…

Continue Reading →

TYLA free Divorce Decree Template

When you file for a divorce it is important to know what the final result looks like. Knowing this can be very helpful in getting your divorce finalized and off of the battlefield. Once your soon-to-be ex-spouse knows that none of her/his complaints about you that don’t rise to the level of breaking laws, and…

Continue Reading →

Identifying Patterns of Alienator Parent in terms of Best Practices For District Courts

IDENTIFYING PATTERNS OF AN ALIENATOR PARENT IN TERMS OF BEST BUSINESS PRACTICES THAT DISTRICT COURTS CAN USE (I didn’t have my children this Labor Day weekend so I worked on helping other parents protect their children from losing them.) This is a work in progress. EDUCATION AND AWARENESS TO THE COURT ALIENATION IS A PATTERNED…

Continue Reading →