Overview: How do I get my attorney to protect my parental rights? Part 2 of How to Fight for Parental Rights
If your attorney is telling you that you don't have rights in family law watch this video. If you do not know your rights you will be taken advantage of and you will lose those rights. It can cost you tens of thousands of dollars not to know your rights.
This video walks you through the basics on how to teach your attorney that you have rights! You can find more information at www.fixfamilycourts.com/motions or contact us at www.fixfamilycourts.com/contactus
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
- ✓ This video was not written by attorneys. We do not practice law. Seek the help of an attorney to help you assert these rights.
Key Topics & Video Timestamps
Navigate directly to specific topics, arguments, and strategic insights covered in this presentation (1 indexed chapters):
Full Presentation: How do I get my attorney to protect my parental rights? Part 2 of How to Fight for Parental Rights
Complete presentation (08:54) 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
Companion Article Challenging Judicial Overreach: Asserting Fundamental Parental Rights in Family Court Read Written Guide ↓ Hide Written Guide ↑ ▼
Challenging Judicial Overreach: Asserting Fundamental Parental Rights in Family Court
Picture this. You're Arthur. A protective order blocks you from your kids for seven months. Now court looms with temporary orders that could wreck your life. Your own lawyer drags his feet. He wants "small steps." You know better. You demand he fight for your rights.
This post breaks it down. It shows exact motions and objections rooted in the Constitution. Use them to make the court prove its power before it slaps on orders. Parents like you can push back. Protect your bond with your child. Guard your money too.
Section 1: The Attorney-Client Disconnect and the Need for Constitutional Strategy
Recognizing Inadequate Legal Representation
Many dads face this shock. Hire a lawyer to shield your family ties. Instead, he plays it safe. "Trust me," he says. "Take small steps in this delicate spot." Arthur fired back. Why delicate? He did nothing wrong.
Attorneys often steer clear of big fights early. They fear rocking the boat. You pay top dollar for protection. Not hand-holding while courts pile on rules. Arthur saw the gap. His lawyer treated it like a routine job. Not a rights battle.
Introducing Core Constitutional Motions
Arthur handed over two key papers. First, the Equal Protection Motion. Second, the Due Process Protection Motion. He begged his lawyer to file them now. Hear them before any temporary orders hit.
These aren't wild ideas. They demand fair play. Courts must spell out procedures for big rights first. Skip that, and orders lack teeth. Arthur put it plain. Justice can't happen today without this step.
Link them to your case. Your soon-to-be ex gets equal say. You deserve the same. Push your lawyer. Or step up yourself.
Section 2: The Due Process Defense: Establishing Constitutional Authority
Challenging Jurisdiction Based on Procedural Failure
Jurisdiction objections pop up in criminal cases all the time. Family court? Rare. Arthur flipped the script. His version targets the court's power over fundamental rights.
Key points to hit:
- Court must list the rights at stake on record.
- Prove a strong state need to meddle.
- No jumping to orders that cut care, custody, or control of your child.
Without this, the judge can't touch your family life. Arthur spelled it out. "This court lacks authority to restrict these rights." Simple. Powerful.
Protecting Fundamental Parental Rights
Your rights aren't up for grabs. List them clear:
- Care, custody, control, and possession of your child.
- Free association to live as a family unit.
- First Amendment covers family intimacy and daily bonds.
- Earnings as property under Fourth and Fourteenth Amendments.
Courts presume you're fit. You act in your kid's best interest. They must prove otherwise first. Extra steps guard property too. No skipping.
Think of it like a locked door. Constitution holds the key. Court picks it without cause? Invalid entry.
Section 3: Equal Protection and Presumption of Fitness Arguments
Demanding Procedural Adequacy for Fundamental Rights
Article VI of the U.S. Constitution rules here. Federal law trumps state rules. Courts must use right procedures for big rights. Determine them before state statutes kick in.
Arthur nailed it. "Justice demands the court set procedures first." DOJ letters back this. Judges decide fair process. Not rubber-stamp old laws.
Rhetorical punch: Why let a judge ignore the Constitution? Force the issue. Hear motions upfront.
The Presumption of Parental Support and Financial Rights
Child support talk flips wrong. Court assumes you slack. Truth? Presume you support till proven short. Match what married parents do. Basic minimums.
Temporary orders hit hard. Pay for:
- Your ex's lawyer.
- Kid's attorney.
- Custody checks.
- Counseling.
- Support and alimony.
No proof? Bankruptcy looms. Jail if you can't pay. Arthur warned. Protect earnings like any property. Fourth Amendment demands it.
Section 4: Strategic Objections to Employ in Court
Objection 1: Justice Cannot Be Served Without Hearing Motions First
Lead with this. File Equal Protection and Due Process motions. Argue no orders till heard. Court skips? No fair ruling today.
Script it tight:
- "Court has not set constitutional procedures."
- "Fundamental rights demand this first."
Judge spots the bind. Delays orders. Buys time.
Objection 2: Abuse of Discretion Based on Procedural Deficiencies
Hit when judges push ahead. Say: "First, Fourth, Fourteenth Amendments guard these rights. No proper safeguards? Court lacks power."
Full objection:
- "This court failed constitutionally adequate protections."
- "No authority to invade until fixed."
Short. Sharp. Hits home.
Actionable Tip: Utilizing Appellate Language
Words matter. Pull from federal appeals and Supreme Court wins. Exact phrasing packs punch. Judge knows it cold.
Grab ready-made at https://fixfamilycourts.com/divorce-child-custody-products/#motions. One more: File written objection if motions ignored. Same site.
Practice these. They work.
Section 5: Self-Representation Risks and Resource Mobilization
The Consequences of Attorney Non-Action
Lawyer balks? You're on your own. Arthur faced it. Fingers crossed on bills. Or fight status quo.
Risks stack high:
- Jail for missed payments.
- Total money ruin.
- Lost kid access.
Self-reps fight blind. No easy chat with judge or staff. Lawyers hoard secrets. Rights alone shield you.
Empowering Parents: Where to Find Legal Arguments and Support
Don't go solo blind. Hit https://fixfamilycourts.com/divorce-child-custody-products/#motions for templates. Arguments from top courts.
You gain edge. Turn dread into defense.
Conclusion: Taking Control of the Procedural Narrative
Arthur's story screams one truth. Procedural due process isn't extra. It's the base for all family court moves on rights. Skip it, and orders crumble.
You hold the tools now. Two motions. Three objections. Presume fitness. Demand authority proof. Educate your lawyer. Or speak yourself.
Act fast. Before temporary orders lock in pain. Grab those resources. Practice. Protect your family bond. Win back control. Your kids count on it.
Full Video Transcript
Arthur is headed to his first court hearing for temporary orders he already has a protective order that has been slapped on him and he has not been allowed to see his children for seven months watches Arthur is forced to teach his attorney in his judge about his room I want you to file the two protection motions that I gave to you Arthur we have gone over this already I think that you should wait on that take small steps in this process this is a very delicate situation you are in why am I in a delicate situation how did it happen when I didn't do anything wrong and I have an attorney you how could it be bad for me for you
to protect my rights just trust me on this Arthur let me handle this you hired me because I am the one trained in the law so let me do my job is this how you see your job as just a job to guide a parent through the process of being screwed by the government here Arthur just let me screw you over quietly I do not agree with your strategy I want you to present these motions to the judge and demand act the court hear argument on these motions before any more trials look at Ernie Wayne I hired you to protect my child and my rights I did not hire you to hold my hand while they
screw me and my child out of our rights and destroy our relationship show me what you have I have these two motions I want you to file them that is an equal protection motion and a due process protection motion and how do you suppose that I explained to the judge today that you should hear these motions before making temporary orders these temporary orders are needed Arthur so that your child is protected that's where you ad and the judge are getting this all wrong orders are needed but not the kind of Court thinks my soon-to-be ex-wife and I protect our children and I need you to protect my rights to do the equal to her
go on the court has not afforded constitutionally adequate procedural protections I want you to use your legal training to get the court to hear these motions I want you to tell the court that justice cannot be served today because the court has not determined what procedural protections they will use according to the fundamental rights at issue the Constitution demands that this court presumed me to be fed out to presume that I am acting in my child's best interest and to recognize that before this court can overcome these presumptions and make a best interest determination over my objections this court must affirmatively show on the record its constitutional authority to act article 6 of the Federal
Constitution mandates that these protections be afforded any state statute to the contrary notwithstanding so you are wanting to challenge the statutes then that has to be done with the legislature this is procedural as you read in the doj letter the court decides the proper constitutional procedure to be used I am asking the court to determine the requirements before they apply those statutes when fundamental rights are at issue and I would like to go over some objections that I would like you to use as necessary why would those be there are three more actually the first one was arguing to the court that justice could not be served today unless they heard these
motions first that we discussed earlier the second one is an objection to jurisdiction not the kind of jurisdiction objection you are probably used to using we are not used to using any of this actually you do it in every criminal case you know very well how to do this objection lack of jurisdiction goes like this in relation to fundamental rights this Court has not yet established its constitutional authority to act in this case today because it has not determined on the record what rights are in question and has not proven a compelling state interest this Court is not authorized to interfere reduce restrict or unduly burden these fundamental rights care custody control
and possession of my child or protected fundamental rights the free association right of me and my child to live together as a family chair the intimacy's have daily interaction is a First Amendment protected right my earnings are my property and they are protected by the fourth and Fourteenth Amendments the fourth amendment specifically provides additional procedural protections for property that this Court has not met you are also wanting to challenge the courts authority and awarding child support yes the court is not going to want to hear that you will be seen as not wanting to support your child that is why I'm asking you to use your legal training to protect me the court has it all wrong there too
they are supposed to presume that I support my child until it has been proven that I have failed to support my child to the same basic minimums that every married parent is required the third objection is an abuse of discretion objection the objection goes like this given the substantive rights at issue protected by the first fourth and Fourteenth Amendments this Court has failed to provide proper procedural constitutionally adequate protections for those rights until the court does so this court lacks any constitutional authority to invade the fundamental right do you have any more yes one more way this one you file in writing as in motion to object to the court if they
refuse to hear these motions you can find an objection on the same website that I got all of this information motions and argument what website is that ww6 family courts calm slash motions the specific wording that I'm using in these objections is important because so it comes from federal appellate court cases in United States Supreme Court cases if this judge knows anything he should recognize this language as I am sure you do I still do not think that it is a good idea for you to do things this way I do not think you understand how things work and how the law works if you are not going to protect my right swing
then what am I paying you for there's really nothing else to understand I understand that I paid you thousands of dollars so that you could hold my hand while my child and I get screwed while you pat me on the back and tell me that you did your best the judge has arrived I will do my best Arthur but no guarantees I cannot believe this I just cannot believe that attorneys do not know this stuff what am I going to do if he does not freeze out those motions Arthur is stuck in a dilemma now where he will be forced to represent himself if his attorney does not fight status quo or he can cross his fingers and hope
that the court does not impose more financial burdens and stress on him than he can handle Arthur faces punishment as severe as jail if he cannot pay some of the bills that the court creates the court can order Arthur to pay for an attorney for his child to pay for custody evaluations to pay for counseling child support alimony his ex's attorney and the list goes on without the rights arguments Arthur could face total devastation and bankruptcy if Arthur is forced to represent himself he also faces so many disadvantages the legal profession keeps a lot of the process secret Arthur will not have the same access as the attorneys to the judge the court
coordinator and other things the only thing that protects Arthur are his rights without these he will be powerless if my lawyer is not going to present these motions I am going to have to do it myself there are support groups that I can go to a fixed family courts where I can practice and learn more ww6 family courts calm / webinars