Overview: How To Fight Parental Alienation Before Court
Watch this before you go to another child custody court hearing.
Set your expectations before you go to family court.
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: How To Fight Parental Alienation Before Court
Complete presentation (05:39) 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
established paternity but once that is established then both of you have equal rights to your child and some of you get disadvantaged because maybe you didn't know that that was your child for a while and the mom has birthed the child bonded with the child developed a relationship with the child and you notic in tril they look at that they look at do you have a relationship with the child so that's very important that nobody gives up having that relationship with the child now there's there is a difference with some of the parents including the moms when the courts are causing you to lose that relationship when they are not allowing you when they
well actually when they've restricted you I don't like to use the word allowing because then you start getting into okay they Grant or they don't Grant which is incorrect when you're restricted and you cannot see your child you need to continually make make sure the court is not using that as a new status quo and they will keep trying to do that and then they'll say now your child needs to transition and adjust and they're uncomfortable I know that's happening to some of you but you still argue that that's not a sufficient legal um situation that that's been artificially created and you need to put that on the record if you want to preserve the
ability to argue that later because they they'll pull some over on you and if they put certain trigger words in into the record like status quo uh child doesn't have a relationship now and there's no defining around it which they don't care about they only care that they're covering their butts and that they're putting what they call facts in the record if you don't counter it and you go to appeals they don't know the difference they just see those those key words so now you've got a situation where we've talked about how you can inflame the trial court well there's also trigger words for the appellant court so when the pelet court sees those
certain things they may just say this has been satisfied Lower Court acted within their Authority it's your job to get that stuff on the record now they may threaten you they may you know they may try to intimidate you so you don't get that stuff on the record because it makes it difficult on them right and it limits their power but just like anything else that we've talked about in the past people get threatened when they challenge power you just have to be smart about it you have to be prepared to pay some of those consequences it may not be fair or just but there's one just recently that was told their lawyer was threatened if you
keep bringing up the constitution on I'm going to put you in jail for contempt of court turns out we found out that that was because in that particular hearing bringing up the argument they were bringing up wasn't related to the hearing that they were having and the court does have that power and authority in their courtroom every day every hearing so it's also important that you know what kind of hearing you're you're in what's being allowed to be heard and if the other side starts hearing start stating things that you were told wasn't being heard that day you need to object and even if they let them continue and they're not letting you putting that
objection properly on the record should help you be able to argue that if you need to take it to the next level so you can't be afraid of those things and if a judge is going to attack you there are some instances you're not going to be able to prevent that but if you do give in or you cower or you let them bully you then you could lose some of those rights and that may not seem just or fair but that is part of the process it is a contentious process right you're in a battlefield when you're in that courtroom so again just remind yourself back to the lunch counters they prepared
themselves when they were doing the desegregation of the the restaurant lunch counters uh the Freedom Writers they prepared themselves they knew that they could get beat up they knew that the people that owned the restaurants had more power they knew that they had the police on their side that they could call the police in the police could come drag them out arrest them take away their freedom temporarily you know all those things they even knew they could get beat up and killed you're facing similar situations and what you're fighting for is important you're fighting for your child your child's rights your right to protect and raise that child so it shouldn't be odd to you or
feel like you can't stand up to them for a worthy cause because it is very worthy like I said this is the most important person in your life so it's beyond me why the courts even want to challenge parents in these situations and I'm actually surprised that this has gone on so long where parents have actually accepted that they're going to be told what to do by these courts I don't think there's anywhere else in life you would accept this