Constitutional Scholars

Getting Better Results in Family Law
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Constitutional Law

We bring deep expertise in constitutional law principles as they apply in family law. We have counter-arguments for just about every argument raised rejecting the constitution in family law.

Parents are becoming increasingly dissatisfied with excuses for why they don’t have rights to their children and why their rights are not protected by the courts.

Attorneys are facing increasing pressure to protect constitutional rights.

Now you and your attorney have experts that can join your legal team from beginning all the way to the end. We have experience working with attorneys on state and federal cases.

Family Law Divorce Books and Gavel

Family Law Codes

We work across many states and develop significant understanding of how family law is implemented in those states. We work with different approaches to family law, different procedural rules, and different legal cultures.

We are experienced in the many different ways that states approach family law issues. We follow legal trends and study judicial opinions across the states so that we can provide solutions to  courts that struggle with the challenges created by increasing numbers of ever more insistent parents who ae demanding real justice in the face of clearly erroneous controlling state precedent.

Yes, we will help you challenge those 19th century beliefs based family codes.

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Policy | Rules | Habit

We have expertise in federal, state, local, and court specific rules of civil and appellate procedure and work under the guidance of your attorney. We work with court clerks to manage cases. We work with different formatting and filing rules for letters, motions, pleadings, briefs, and writs. We learn the court’s filing systems and help ensure your filings are timely and proper.

We understand the details of how things get done and quickly learn how things are done in your county and state if we haven’t worked on a team in your county yet.

The phrase, “that’s the way we do things here,” will no longer be sufficient justification to deprive you of real justice.

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Attorney Support

We help parents and their attorneys find and apply effective strategy and get better results in family law. We can assist your attorney with motions, pleadings, briefs, etc. We develop argument and provide citation based on our extensive research data. We provide your attorney with ways to leverage the law and the rules as basis for persuasive communications with the court. We guide you through the process, so your attorney can focus on the law.

We can go to court with your attorney just like a paralegal or legal assistant would. When sitting between you and your attorney, we can help your attorney respond with what they need, when they need it, while we answer your questions about the hearing. This frees your attorney to focus and deliver their best work by knowing that support for constitutional arguments is instantly available and that your questions will be addressed.

We act as a legal research team for your attorney. We study the underlying case law and present the results to your attorney with our understanding of how it applies. Your attorney analyzes our research and determines whether to incorporate it into your legal strategy. We do the research but your attorney practices law. When engaged through your attorney in this manner, our work for you becomes protected by attorney client privilege.

Our research is geared towards providing your attorney with a greater range of strategic options or a larger set of tactics to be used by them on your behalf. We don’t create your strategy for you, we make the strategy your attorney creates better.

You are less stressed, your attorney is less stressed, and both of you can be calm

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Parent Support

The times when you are alone during breaks in court can be the worst; we guide you through the entire day so that you are never alone during this process.

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Telling Your Story

We guide you on how to better communicate with your attorney and how to better communicate to the court your story through your testimony. We can help you stay calm by understanding the process and making sure that you are getting heard and are understanding how the same truthful facts can either grab the court’s attention or fall flat depending on your delivery, your appearance, and your demeanor. Let us make your day in court the most effective and productive it can be.

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Our Professional Background

We bring a wealth of corporate management, management consulting, and technical experience to bear on the problems of family law. We provide comprehensive solutions designed to produce better outcomes, not just in court but in your life and your family relationships. We have been through the family law wringer. We have suffered from and prevailed over parental alienation. We have appealed and won. We have brought enforcement proceedings and won. We have maintained and regained equal 50/50 custody of our respective children for a decade. We have worked with numerous attorneys in different states helping them deliver better results in state and federal courts, so parents like you can win!

We are not attorneys, but we help your attorney get better results. We do the in-depth legal and constitutional research that busy attorneys managing a law practice simply don’t have time to do. We operate across all 50 states and bring that wide range of experience to bear in your case. Our broad experience and background in corporate consulting allow us to see things your attorney may not see and offer solutions that they may not be aware of. We are not a substitute for your attorney, we compliment your attorney and bring you the protection you might not otherwise get. We provide more comprehensive strategic advice than attorneys are allowed to provide, and we do so legally and ethically.

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Fix Family Courts

 Explore our family law offerings delivered through our family law division, Fix Family Courts. Our mission is to bring family and domestic relations law into the 21st century by driving recognition that the 19th century presumptions regarding rights of families, which underpins family law codes in every state, have been resoundingly discredited and held to be wildly unconstitutional.

The legislature makes broad public policy choices regarding a child’s best interests and tasks judges with vindicating that policy as applied to specific individuals while the federal and state constitutions task the judge with being neutral and independent decision-makers when adjudicating the constitutional compliance of those policy vindication actions. It is this inherent conflict of interest, specifically built into every family code, which empowers judges to boldly pronounce that they hold broad authority to violate fundamental rights in family law even though the constitution undeniably removes this authority from them and from the state legislature. Never mind that the Supreme Court of the United States and the supreme court of every state in the country has held that fundamental rights may not be infringed by use of broad authority.

When any government official is permitted to both make specific policy choices and to adjudicate whether those policy choices comply with constitutional limitations on government power, it is inevitable that blatant violations will be adjudged compliant. The current state of family law practice in every state drives this point home with authority.

Family law judges and their appellate supervisors have proven resoundingly that they simply cannot be neutral and impartial when adjudicating their own or their peers’ own governmental actions. One doesn’t have to read many appellate cases in family law, to realize that any excuse will suffice to justify constitutional violations in family law. Where directly controlling vertical precedent holds otherwise, it is ignored or family law is deemed a special class of law where the litigants are undeserving of constitutional protections. Appellate cases exist where a parent is openly chastised for placing their constitutional rights above a judge’s viewpoint regarding what’s best for their child.

Case in point, the Texas Supreme Court has held that judges must issue relief in the child’s interests even where that relief violates the rights of the litigants. This directly defies the federal public policy holding that state court judges must protect the rights of the litigants before them.

The Texas Supreme Court has held many times that standing is an essential element of subject-matter jurisdiction, that judges cannot alter their own jurisdiction, and that certain jurisdictional limitations set by the state’s constitution cannot be altered even by the legislature. Yet, in Texas, family law courts regularly hold that they can rule in favor of the child’s interests where the child fails to meet any element of standing that would authorize a Texas judge to issue judicial relief in the child’s favor.

Relief in the child’s favor means that relief which complies with a government official’s viewpoint regarding a state policy choice deemed best for the child. In reality, the relief is not provided to either litigant or even to the child. The relief is provided to the government’s policy which is actually at odds with the interests of the litigants and of the child in being free from unwarranted governmental interference in their private lives. In every single case the parents lose, the child loses but the state wins

Without standing in Texas, courts lack subject-matter jurisdiction to issue judicial relief of any kind and any court orders granting relief are necessarily advisory opinions. Without any doubt or exception, such advisory opinions are unlawful and void in Texas, yet they are issued and enforced in family law every single day by judges who know better.

Troxel held that Washington’s jurisdictional statutes granting the judge jurisdiction to make a best interest determination were unconstitutional and that a judge’s viewpoint regarding matters of conscience in child-rearing is insufficient justification to authorize limits on fundamental rights. Not one single sentence in Troxel addressed any rights of grandparents, not even one. That case was entirely about the rights of a parent. 

At Fix Family Courts, we take our in-depth knowledge of constitutional and family law and combine it with decades of large organization consulting and organizational change experience, to produce concrete actionable strategies and sample deliverables (motions, pleadings, briefs) which attorneys and parents can use tactically in a custody proceeding before a family law judge to get better, more consistent and more reliable results from that judge.

We provide you with powerful actionable tactical deliverables that make your job easier and which are backed by rock solid well-cited constitutional principles and precedent which not only limit the judge but also take away an alienating parent’s power to alienate a child that is typically enhanced by government power over the other parent.

We are bringing organizational change to family law systems in every state in this country designed to bring domestic relations law into compliance with 21st century constitutional law and we are doing it on a case by case basis helping individual parents and their attorneys which will ultimately create lasting impact.

As a family law attorney, you know, deep down in your heart, that the system doesn’t work the way it should, but you don’t have the time to dramatically alter the way you work on a day to day basis and how could you possibly win by opposing a child’s best interest. The key to that win is that the argument is NOT about the child’s best interests. The argument is about who decides and how much control a single government official is permitted to exercise over our private lives and private choices as punishment for one or both parents making lawful and constitutionally protected choices which that government official disfavors.

It is no secret that the government disfavors divorced and unmarried parents and anyone with eyes can see that family law codes are specifically designed and interpreted to create unreviewable unbridled discretion placed in the hands of a sole government official who is given instruction to punish private choices regarding marriage and child rearing and to protect that raw exercise of governmental power from ever being confronted or the government official from ever being cross-examined before a neutral, independent and impartial judicial decision-maker.  

Let us help you. There is a very good chance that you will begin to feel much better about the work you do in family law when you are able to convincingly argue and defend the undeniable truth that broad constitutional principles do and should limit those actions that a government official may take when violating a family’s right to be left alone by government, even when an individual in that family makes a lawful and constitutionally protected privacy choice regarding marriage or child-rearing that the government official disfavors, such as the choice to divorce.

Discover how we can help!

 

Not a substitute for an attorney

We are not attorneys. We do not employ attorneys to deliver our services. We are constitutional scholars, researchers, and authors with deep expertise in constitutional law applicable in the family law context. Our knowledge is conveyed as education only (NOT legal advice). We provide our services through your attorney. Your attorney will provide legal advice to you regarding the information we share with you and to your attorney. Any other legal services we provide will be through your attorney in compliance will all applicable laws regarding practicing law in your state. We do NOT practice law. We assist your attorney in their practice of law while educating you on your rights under that law.