Proposed Texas Bill
Sec. 151.004 Texas Family Code Over the years Sherry and I have spoken with a number of state legislators about constitutional rights in family law cases. One comment, from Senator Jane Nelson, which stands out in my mind is the statement that the Texas Legislature has clearly told the judiciary that they must act within…
The Purpose of Marriage
Some people appear to have the misconception that marriage is for the purpose of procreation and the raising of children exclusively. If that were the case then infertile couples would not be allowed to get married. The Supreme Court has addressed these issues and has very clearly said that the government has zero business defining…
PARENTS CHOOSE TO BE IN FAMILY COURT
JUST ANOTHER OF THE MYTHS AND LIES OF FAMILY COURT States have created a monopoly on marriage that didn’t always exist in this country. States now require a license to get married, which was not always the case in this country and states require a court lawsuit to get divorced. The U.S. Supreme Court has…
Restoring the Judiciary by suing individual judges
An attorney asked me today “I know that declaratory judgments are not really “suing the judge”. Please explain to me why it isn’t technically (or really) suing the judge. For example, if it’s technically suing the judge and that’s a NECESSARY act, because the act requires it, please tell me how I can explain it…
Government cannot “Grant” Divorce
In a free country where the right of free association is respected, “government cannot “grant” you a divorce, it can only recognize the reality of your choice.” Individuals are free to form and dissolve associations of all kinds at their pleasure. While it takes two to form an association, that association dissolves at the…
Texas Committee Chair Confronts TFLF with “What is Best Interest”
Representative Dutton, chair of the Committee on Juvenile Justice & Family Issues, explained that the Juvenile Justice & Family Issues committee was created in 1995 during the 74th session under Speaker Pete Laney. Prior to that time the family code was addressed by the Judicial Affairs Committee. In 2009 this committee was abolished. Then in…
Illinois Creates a New Way to Calculate Child Support
“Up until now, Illinois has followed the “Percentage of Income” model of child support, calculating support based on a flat percentage of only the non-residential parent’s income without any consideration of the residential parent’s income.” Illinois is getting ready to join 39 other states where income calculations will not be based on both custodial and…
No Discrimination Based on Marital Status
I was reading a new proposed bill in Iowa that changes a current statute to require joint custody and was again struck with how desperately unconstitutional family law statutes are in many states. In Texas, the statutes are written very craftily to avoid direct contradictions of well-established constitutional principles. One of those constitutional principles is…