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.
Declaratory Judgment
If you are at the beginning of your divorce, consider filing a declaratory judgment.
The definition of declaratory judgment is “ajudgmentthatmerelydecidestherightsofpartiesinagiventransaction,situation,ordisputebutdoesnotorderanyactionorawarddamages.”
You probably guessed what our thinking is here. If you ask for pretrial declaratory judgment regarding the rights that parents are proceeding with then you know where the court’s head is at. This way you will know how much you will need to overcome with this judge.
If you are pro se check with an attorney to find out the details of how to proceed with something like this.
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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