Tag Archives: unconstitutional family law practices

Will the Constitution help Kelly Rutherford bring her children back from France to the U.S.?

I think not! Kelly Rutherford was on CBS last night because she claims she lost a custody battle in the family law trial courts to the father who now lives in France.[i] Might I remind you that she has 50/50 custody and as Robert Franklin, esq. (writer for Nationalparents.org) so aptly put it, “…50% custody…

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You trusted your attorney and you lost!

Are family law attorneys violating their ethical requirements when they refuse to protect your constitutional rights? Can they be punished or sued for this? The American Bar Association provides a set of rules for attorney professional conduct. In its preamble it lists a lawyer’s responsibilities that says. “[2]… As advisor, a lawyer provides a client…

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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…

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Would I Have Paid an Attorney If I had Known…

…that they were going to subject me to a costly, time-consuming, gut wrenching, life altering battle that could have been avoided by applying my constitutional parental rights in the first place! (By the way, choosing not to apply the constitution does not mean that the constitution does not apply to the family courts. It means…

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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.…

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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…

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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…

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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;…

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Do I need to hurt the other parent to justify my rights to take my children back?

Lately, I have noticed that there are some parents looking to our book for the authority to rip the children away from another fit parent, they are hurt and they think they need to hurt the other parent to justify getting their equal rights and equal time back. Parents if you are looking for a…

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Breakthrough Parental Rights book by Non-Attorneys Changing Child Custody Landscape

At a time when divorce-related violent crime is prevalent in the news, Ron and Sherry Palmer announce publication of, Not in the Child’s Best Interest: Why Divorce Courts Get it all Wrong and How the Constitution Can Fix It, a book forcing courts to reconsider the way they handle custody decisions. The Palmer’s wrote this…

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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…

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“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…

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