What Fathers Need To Know About the Family Court Divorce Process
© Shane Flait (2012)                  

Our constitution doesn't give rights to people; it’s supposed to prevent government from interfering with their unalienable rights. The Bill of Rights and the further amendments declare some of our rights. Supreme Court case law clarifies others and carries the weight of an amendment and supersedes all state laws. One of these rights is your right to parent your child. Be prepared to defend it for you and your child.

Importance of your parental right

The Supreme Court has recognized the fundamental importance of the parent-child relationship and has ruled time and again that this right is not to be deprived without the highest due process required.

An example cite is: "the rights of parents to the care, custody, and nurture of their children is of such character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions, and such right is a fundamental right protected by this Amendment (first) and Amendments 5, 9, and 14”. Doe v. Irwin F Supp 1247: U.S. D.C. of Michigan, (1985)

Another cite is: "A parent's right to the preservation of this relationship with his child derives from the fact that the parent's achievement of a rich and rewarding life is likely to depend significantly on his ability to participate in the rearing of his children. A child's corresponding right to protection from interference in the relationship derives from the psychic importance to him of being raised by a loving, responsible, reliable adult." Franz  v.  US 707 F 2d 582, 595-599, US Ct. App (1983).

Lastly, "A parent's right to custody of his child is a right encompassed within protection of this (the first) amendment which may not be interfered with under guise of protecting public interest by legislative action which is arbitrary or without reasonable relation to some purpose within competency of state to effect.” Reynold v. Baby Fold 369 NE 2d 858, 98 S Ct. 1598 US 963 Il (1977).

Prevent the family court from alienating you from your parental right and child

At the state level special interest groups who derive much money from divorce-related laws and procedures have grown enormously powerful over the last 40 years. They have tried to degrade the rights of fathers by perverting divorce and paternity laws as well as the procedures by which these laws are carried out in family court.

Fathers know - in consonance with Supreme Court rulings - how precious is maintaining their parenting rights for both their children's wellbeing and their own.

To stand up to a state family court system that is hell-bent on divorcing a father from his children, his assets, and his income, there are things that fathers need to know.

A father must be sufficiently aware of legal procedures to know how not to inadvertently give away his rights to his children. In addition he must maintain a legal stance in his pleadings, motions, and arguments that can justify his redress in an appeal against any unjust deprivations the court will most likely impose on him.

The pressure put on fathers by both his lawyer and the court is geared to force him to agree to diminish his most fundamental parental right to the direct care and support of his children by agreeing – in any way – to become a noncustodial parent. Once this is agreed to, it’s almost impossible to reverse this assignment in the future, no matter what his lawyer may say about it.

I strongly suggest that a father guarantee his chance to preserve his right to directly parent his child – as everyone understands what parenting means - by getting his position against any infringement of it verbally on the record. He does this by directly addressing the judge and:

·         declaring his constitutional right to parent his child at least equally to mother,

·         verbally deny any disparagement of himself or his parenting capability made by the other side, demanding evidence of any disparaging statement ,

·         not agreeing to be a noncustodial parent,

·         not agreeing to pay child support to mother but demand to care and support his children directly,

·         not agreeing to leave your house – i.e. the home of your child,

·         not agreeing to anything that suggests that you will be the noncustodial parent.

If the court directly orders a father into a noncustodial position while violating the required constitutional due process for denial of such a fundamental right, the father will have a greater chance of reversing the order - since he didn't agree to it nor was it constitutionally justified - later in an appeal or subsequent actions.

Judges and lawyers feel they may do as they wish because of the power and influence of the special interest groups that support and profit from unjust denial of a father's right to parent his children. But a father can hold a judge accountable to his denial of his rights and the due process such rights require by exposing the unconstitutional behavior of the judge and anyone else who has participated in denying him his rights.

To do this a father must:

• keep track of violations of due process by the judge which are enumerated in the judicial code.
• demand to orally defend against any accusations made against him in court,
• demand evidence of any accusation against him
• make himself aware of what he needs to know to protect himself in court

Unfortunately, you can't trust lawyers to defend you and inform you of your constitutional options. They’re too embedded in perversions of family court processes and afraid of harming their future status by upsetting judges.

Fathers serve their children and themselves best by being aware of their rights and the judicial process they will face - as well as the strategies they must consider - before the divorce or paternity action begins.

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Shane Flait writes on issues confronting freedom