Overview: Does Hiring an Attorney Protect Your Rights in Family Court?
Before you hire an attorney you need to know what you are buying.
Ron and Sherry Palmer teach about parental rights and the current way that the family courts handle the issues.
In standard family court litigation, fit parents are routinely told that trial judges have unbounded discretion to divide custody and assign possession schedules. However, controlling Supreme Court jurisprudence strictly establishes that natural parental rights cannot be denied, stripped, or nullified without proving unfitness under strict scrutiny. Understanding these core constitutional protections empowers parents to hold attorneys and trial judges accountable to the law.
Executive Summary & Key Takeaways
- ✓ Exposes the procedural and constitutional defects in standard family court custody proceedings.
- ✓ Explains why fundamental parental rights are protected under the Fourteenth Amendment Due Process Clause.
- ✓ Equips parents with actionable legal arguments to counter judicial overreach and preserve the record for appeal.
Key Topics & Video Timestamps
Navigate directly to specific topics, arguments, and strategic insights covered in this presentation (1 indexed chapters):
Full Presentation: Does Hiring an Attorney Protect Your Rights in Family Court?
Complete presentation (05:31) covering core parental rights and strategic legal arguments.
Constitutional Principles & Controlling Precedents
This presentation directly implicates fundamental constitutional guarantees and controlling appellate precedents:
Cited Judicial Precedents
Constitutional Protections Invoked
Full Video Transcript
[Music] you should be able to trust that your attorney is doing what's most protective for you correct so you should be able to trust that but unfortunately it's turned out that the oh my take on it is I think that the law schools are failing them I think the law schools are not teaching them to do this right and so one of the presumptions you have from watching all these law shows la law and everything else over the years on TV is that your lawyer is your advocate and they're gonna fight for your rights and they're gonna go up and from the judge and they're gonna challenge the judge and they're gonna stand up for you well I've
got news for you they work with that judge every day that judge has near absolute power determined best interest that judge can punish that attorney for years in every case that attorney brings before that judge he is not about to annoy that judge for you a single client that will be gone in a matter of months or a year right just not going to happen they're not going to do it and they work with these other attorneys on a regular basis they go to functions with these attorneys they they are in part of a very small community the that they all know each other they all interact with each other now with
that said though recently we have started working with attorneys who are who are now willing to start saying those things and they are they are running up against challenges but they are sticking to their guns the ones that we're working with so far so it's been very very interesting to watch this process because they're all the ones that are nervous it was parents that were nervous before now they're a little nervous because they're go in front of these judges and I watched one of them tell the judge that appointing an amicus is a Fourth Amendment a violin and the judge saw ther and made faces at him and they stuck to it but they were worried
because they knew that they weren't going to walk out of there with a decision in their favor but but the attorney stuck to it even though the judge looked at them like what the hell do you think you are doing what are you talking about and these attorneys are have long reputations and very very good reputations so if you find an attorney willing to do this for you you need to make sure that you are recognizing that that you are giving lots of compliments make sure that you are telling them that you appreciate these things so please do not beat up on your attorney if they are willing to do this yeah they need to
know that you as a client are willing to stand up for your rights if you're not willing to do that the attorneys certainly are not going to put their necks out for you and part of the reason that they are starting to fight right now are the motions that we just put up on our website which is www.hyken.com for your rights I guess so our book deals with theories and concepts that explains how all this works and what your rights are that's a far cry from actually implementing this on a daily basis and giving attorneys these tools that they can actually use so they can actually win if not in the Kord at least in the appellate court
what we've been begun to do now is craft some specific tools for these attorneys craft specific arguments put them into the proper motion format that doesn't mean however that it's proper for your state it just means that it's a motion for that it's a motion form that the attorneys recognize that they could easily put into whatever is the proper legal form for your state and that varies from state to state and from jurisdiction to jurisdiction so if you look at these they're not guaranteed to be in the proper form anywhere we know that they would suffice in our County if we were filing in our case when we went through it that they would work so but
we're not attorneys with that specific knowledge the arguments the structure the way that we lead people through all of this is what is giving attorneys greater and greater confidence that they can actually be successful with this if they have clients that are willing to fight and willing to go to appeal that it requires presenting at the trial court so that you can win on appeal the attorney needs to know that you can tolerate that there's a lot of stress involved with this a lot of difficulty it's difficult especially if you are without your children if you're already without your children if you have already lost everything then it's easier emotionally to fight because you've got
nothing left to lose that's the position that we were in at one point we didn't stop or give up we fought with everything we knew how until we prevail yes so don't think that oh my gosh that they've already made me just a visitor in their life and that if that's the case you cannot get them back thank you for watching and if you found this video valuable please subscribe to the YouTube channel and then go on to the next video about family court myths