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.
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In this video, Ron and Sherry discuss two of the sample motions and how they can be used to improve outcomes in your case.
DISCLAIMER:I am not an attorney, do not practice law, and not a substitute for an attorney. Please seek the help of an attorney for your legal technical questions. All of our materials while easy for pro se to understand and use, are intended for a parent to take to an attorney and get their input before using anything in your case. You know your case best and you solely are responsible for your outcome, damages, or consequences. I am not responsible for how you or your attorney uses these materials.
Fix Family Courts provides parents, attorneys, and family advocates with rigorous constitutional frameworks to safeguard fundamental parental rights. Under binding Supreme Court precedents including Troxel v. Granville, Santosky v. Kramer, and Pierce v. Society of Sisters, fit parents are constitutionally presumed to act in their children's best interests. State courts lack constitutional authority to abridge custody, parenting time, or parental decision-making without strict scrutiny and clear and convincing evidence.
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