The Equal Protection package is part of the movement for the fight for parental rights and children’s rights and was created to help parents get the declaratory judgment brief arguments in front of their state court quickly. This package is the first in a series of motions that we have developed to help people protect their rights to the custody of their child and child support.
There are several cases that show that your rights prevail and we cite those in the package. Parents in family courts have had difficulty getting those arguments into their state courts so we have simplified with this equal protection motion package. Additional motions will be posted as they are available in this series. The next motion will be a Due Process motion and then a Motion to Quash unconstitutional orders like gag orders, invasive studies, psych evals, appointment of GALS, and other types of overly broad discovery. All of these motions together give parents the ability to fight back at their fingertips. No more wondering how do I argue that?
WHY SHOULD I FILE THESE? As you know the state trial courts are more than happy to keep denying
that these rights exist for parents going through divorce. They would rather cost you a ton of money and
And then happily throw you in jail when you cannot pay any longer. Don’t believe us ask Andrew McRae with Noncustodial Parents Association of Texas (NPAT) and Texans for Parental Equality who was thrown in jail while he was paying child support, Kash Jackson who was put on 1 hour a week supervised visits (less than felons get with their children), Wendy Archer with Parental Alienation Awareness Organization-USA (PAAO-USA) who was threatened with jail because she couldn’t pay the Guardian Ad Litem fees, and the producers of Divorce Corp. They only get away with this because you don’t know your rights, most attorneys deny you have rights or say that they don’t argue them because they don’t work, and then those who try don’t argue them properly and don’t take their arguments all the way through the chain of appeals.
So we have given parents a way to show the court that they are wrong. We have given parents a way to WIN! Of course there is no guarantee. But we can guarantee that if parents do not fight for these rights they will continue to have their rights ignored and to suffer the abuse.
If you just bring up that you have rights and don’t know how to protect your rights during the hearings and don’t know how to challenge a denial of your rights and keep the momentum going, the court will punish and further take advantage of you by finding other ways to cost you and cause a bunch of delays. For example, a parent raised his rights and got the psychiatric evaluation canceled and the supervised visits canceled but then didn’t know how to frame the rest of the case to keep things moving and the court delayed and then drove him back into taking control of the framing of the case again, and the father continues to fight the process. They will attempt to win by wearing you down if you don’t have the tools to continue to fight them. Using these tools will help you stop that practice and drive your case to conclusion much faster, saving you time, money, and more heartache.
IS IT PROVEN TO WORK? The Wade case is in the package because it is a great example of how your rights can protect you and how they work when properly protected and then appealed with proper arguments if the judge denies you have these rights. You have to fight for these, but I know you know this. This package is new and this approach for parents is new. But the rights are not new and there is plenty of case law that we cite in the package that backs this up. There are different ways to look at this. One way to understand how this works is to look at how the blacks were told that they had the right to vote but then when they tried to vote they ran into all kinds of burdens and barriers. Same with blacks when they sat at the lunch counters. They tried to shame them into not exercising their rights.
In all cases when you have rights that are being de facto denied, you will have to fight for those rights, you will have to know how to fight for those rights, people can get hurt fighting for those rights, and people will get different results fighting for those rights. Does that mean that the method doesn’t work because some people were arrested at the lunch counter, some were humiliated, beaten, jailed, and some were killed? Nope, they won! Now it is your turn.
WHERE DO THESE RIGHTS COME FROM? These arguments have developed over time. We have continued working on the arguments from our main book “NOT in The Child’s Best Interest” which developed into the declaratory judgment brief. To make it even simpler for parents to get these arguments into their court we have developed this series of pro se motions. This series starts with the Equal Protection package.
DISCLAIMER: We are not attorneys and are not responsible for the accuracy or applicability of the materials to your case. If you use any information that we provide you do so at your own risk. Please contact an attorney for questions about the law.