Saturday, July 7, 2007
FALSE ALLEGATIONS ARE CHILD ABUSE!
FALSE ALLEGATIONS ARE CHILD ABUSE!
Indiana Civil Rights Council (Class-Actions!)
what has been happening in state family courts and CPS agencies is strictly unconstitutional:
The real truth, under the real law, and as consistently ruled by the United States Supreme Court for nearly an entire century now, is that no state agency, entity, or official - which includes a state family court judge - may ever take away any parent's custody of their children, without having first found, and only by "clear and convincing evidence", that the parent is seriously unfit to parent the children in question - i.e., what has been happening in state family courts and CPS agencies is strictly unconstitutional: the taking away of any parents' pre-existing child custody, without first proving serious parental unfitness by clear and convincing evidence.
In other words, if a state family court judge has taken away your pre-existing custody, in either a divorce, paternity, or CPS action, without first finding, by serious evidence, of serious danger of child abuse or neglect, then that order - no matter if it is a "temporary" or "permanent" custody order - is unconstitutional, and is already legally null and void. Such unlawful orders violate a parent's various individual constitutional rights to due process, under the 1st, 4th, 5th, 9th, 10th and 14th Amendments, and, for divorce and paternity custody disputes between the parents, is also violative as gender discrimination, for upholding the right of one parent to retain their pre-existing custody, while taking away the custody of the other parent without lawful basis.
you already had custody!
The most important thing that people need to understand is that every parent has already had full physical and legal custody of their children from the very moment of their births. This is the simple truth under the real law... Instead, most people still, to this very day, mistakenly believe that when a divorce or paternity action starts, that it will all be about the typical "he said - she said" arguments, supposedly in order to see which parent gets "awarded" custody of the children... This is the commonly wrong misconception of what is really happening in today's family courts...