Equal Protection Guarantees in Child Custody Determinations: The Equal Protection Clause of the Fourteenth Amendment prohibits family courts from rationing parenting time or awarding primary custody based on gender stereotypes, maternal preferences, or traditional marital roles (Palmore v. Sidoti). Both fit parents possess equal, fundamental constitutional standing to raise their children. State practices creating unequal custody awards violate constitutional mandates unless justified by a compelling state interest executed through least restrictive means.
Unequal Enforcement in Family Court: 14th Amendment Audit
A Pennsylvania father faced felony charges for recording a custody conference and posting it on social media. "I wanted to show people that the court was acting corruptly," Cline said in an interview. "They weren't fighting fair. They're doing everything they can so I can't have my kids."
PSA: Does Giving in to CPS or DHS Work?
Parents often surrender their procedural rights hoping child protective agencies will cooperate. Watch this vital analysis of why waiving constitutional protections rarely produces favorable outcomes.
Frontline Testimony: The Secret Mediation Shakedown
Have you ever felt that you were treated unfairly and that they were using corrupt tactics in a custody hearing?
Did you feel you were treated fairly in mediation?
What do you do when you feel that you are being trapped and treated fundamentally unfairly?
The Enforcement Paradox: Who Protects the Accused?
Double StandardAggressive Retaliation vs. Selective Indifference: When authorities want something enforced to preserve judicial insulation, police and prosecutors act instantly. But when a custodial parent denies visitation, hides financial assets, or commits perjury, parents are told the state has no resources to intervene.
While enforcement of discretionary statutes may not be mandatory, proper constitutional due process is strictly mandatory.
Evidence & Color of Law: Exposing Official Misconduct
Federal JurisprudenceFourth Amendment Parallels: Under Tenth Circuit precedent in U.S. v. Gordon (2014) and Third Circuit precedent in United States v. Herrold, evidence gathered during procedural irregularities can be utilized where suppressing the evidence fails to advance constitutional interests. Evidence collected demonstrating that a hearing master violated due process should be admissible to establish civil rights violations under 42 U.S.C. § 1983.
- Lehigh Valley Live News: Report on father charged with intercepting communications during custody conference.
- ABA Journal Legal News: Litigant accused of recording conference and posting online.
- Tenth Circuit Precedent: US v. Gordon, 741 F.3d 64 (10th Cir. 2014); United States v. Herrold, 962 F.2d 1131 (3d Cir. 1992); United States v. Matlock, 415 U.S. 164 (1974).
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