NONCUSTODIAL PARENTS --- You
allege that you were classified by some government process, whether by 'family
court' or another method, as a 'noncustodial' parent, and that your superior and
natural rights, over government, to one (1) or more of your own children were
unlawfully removed or prevented by government, and/or unequally divided away
from you, to the majority favor of the child(ren)'s other parent(s), because the
government process against you never *first* bothered to find you *seriously*
abusive or neglectful or dangerous to any children, in a court of full due
process protections, and by 'clear and convincing evidence' (i.e., with the kind
of very serious evidence, and because of actual *serious* danger or wrong(s)
done to children, to the level where the State could press criminal charges
against you and reasonably expect to win, even in an honest court, without much
difficulty).
Obviously, in most divorce and similar cases
involving custody of children, actual hard allegations of very serious
types of real parental unfitness never arise, at all, in the first place. That
accounts for the legal reason why the vast majority of all [state - county]
child custody "awards" are flatly unconstitutional, as a matter of law to
begin with, since every parent already
has/had fully vested and complete legal custody rights over every aspect of
their own natural child, from the very moment of live birth, automatically -
and, that includes both mother and father, in equal shares, with full rights of
survivorship. The [state - county] judge or other government administrator
cannot legally, actually, give away or "award" something it does not
have, and never did.. the actual, legal custody of a child (except
for the rarer situations, such as juvenile delinquency actions where the
government proved the serious delinquency, and so therefore lawfully
took over custody and control of the child). And, of course, equal protection of
the law demands fair and equal treatment in all matters, even child custody matters in divorce and
similar situations, or more precisely, even to the fair and equal division of
all parenting time, expenses, responsibilities and duties regarding the lives of
children, divided fairly and equally between the two parents, regardless of
whether or not the parents are married or not.
By numerous binding rulings of the United States
Supreme Court over past decades, that [state - county] judge or other government
administrator was required to find very
serious abuse, neglect, or form of danger to children, by very serious evidence,
under a full due process defense for either or both parent(s).. first.. that's
first... before it could even begin to *consider*
taking away the equal share of pre-existing child custody rights that both
natural parents enjoyed from the instant moment of the child's live
birth.. i.e., before taking away those rights from *either*
parent.
Of course, before the government can take away your
pre-existing rights, they are required to properly notify you (prior..) that you
might be jeopardizing that right, when it is a Constitutional Right,
such as retaining your superior and existing child custody rights, which time
and time again, the United States Supreme Court has ruled are *higher* than mere
Constitutional Rights.. It does not matter that your attorney, if
any, failed to advise you that you already had custody of your child, legally, from
the very moment of his or her birth.. although that is
good cause for an attorney malpractice suit.. Legally (the real law,
under your real rights in this Nation, which is a "Republic", by the way, and
not really a "Democracy" under the actual definition..), the judge or
other government administrator responsible must have told you,
up front, that you *already had* custody of your child, just like any other
parent does already from the moment of birth, and that the real purpose of the
'family court' or other proceeding was to simply defraud you from one of your
most basic, instinctive, and protected rights - the right to your child(ren) -
by simply ignoring your pre-existing rights.. especially if you didn't know any
better..
In other words, under the Noncustodial Parent legal
standing in this federal classaction lawsuit, you are alleging that you were
wrongfully deprived and/or defrauded from part or all of the various rights,
time, control, and other life aspects of your child(ren), that you were never
told the actual and full truth of your pre-existing legal rights and defenses to
your children, and that your due process was therefore violated by government in
one or more way(s).
You may also review the various Noncustodial Parent
"multiple-check checkboxes" (not the one-choice-only radio buttons) for
additional examples of how the child custody determination process is
unconstitutionally violated.
YOU MAY CLOSE THIS WINDOW IF DONE