APA Says Joint Custody is Healthier for Children…even Infants
Learn how fit parents protect fundamental parental rights in custody hearings. Assert Fourteenth Amendment due process to challenge unlawful court orders.
Constitutional Motion Practice & Evidentiary Due Process in Family Court: Procedural due process guarantees litigating parents the right to timely notice, an impartial tribunal, formal evidentiary hearings, and the cross-examination of adverse witnesses before parental liberties are infringed (Armstrong v. Manzo, 380 U.S. 545). Filing timely constitutional objections and modular pre-trial motions prevents domestic relations courts from deciding fundamental custody rights through informal conferences, judicial fiats, or unsworn hearsay recommendations.
Right now most state laws do not require a judge to orde
r equal custody.
That makes state laws contrary to the best interest of the child.
The most recent study regarding infants and toddlers by Fabricius finds:
"Contrary to some previous findings, the current study found benefits to both parent-child relationships associated with overnights (a) up to and including equal numbers of overnights at both parents’ homes, (b) for both the long-term mother-child and father-child relationships, and (c) both when children were 2 years old, as well as when they were under 1 year of age."
And this continues to be the case even with parents who do not agree…
"…strong support for policies to encourage frequent overnight parenting time for infants and toddlers, because the benefits associated with overnights also held for parents who initially agreed about overnights as well as for those who disagreed and had the overnight parenting plan imposed over 1 parent’s objections."
Iowa, one of many states, currently has a proposed Bill HF 71 proposed by Representative Nor lin Mommsen. This Bill would require a judge to give the parent a reason why they did not get equal custody, according to reporter Robyn Oguinye with KIMT of Iowa.
H.F. 71 sponsored by Mommsen reads:
"This bill directs that the court shall, rather than may as under current law, award joint custody to both parties unless direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result from such contact with one parent."
Researchers findings further support that protecting family rights would have protected your child all along. When judges ignore your family rights and arbitrarily apply statutes that violate these rights, they commit avoidable, grievous and irreparable error.
Want to know how to tell judges and your legislator what is in the best interest of your child and how to avoid committing this error, present them with these motions. (These motions explain the process the judge must go through before depriving a parent and child of their equal rights. These motions also help you show your legislator what protections need to be proposed in their legislative bills regarding family law.)
This is a child protection issue!
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