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Fathers Must Protect Themselves Through The Family Court Process

Fathers Must Protect Themselves Through The Family Court Process

Fathers face unjust, unfair, and unconstitutional treatment in the family courts

. Judges deny them their parental rights, and then enslave them with impoverishing child extortion payments for whatever the mother wants to use them for. Lawyers promote what the judge wants and Guardian Ad Litems (GALs) assist them with the results he prefers. What are the ways, you as a father, can protect yourself against such court personnel and the injustice they participate in?

*Against the trial judge:

You can complain to the Judicial Conduct Commission (JCC). Or, you can file a motion to reconsider an order or judgment in Family Court or, you can appeal that judgment to a higher court - i.e. the Appeals Court of your state

*Against your lawyer or your wife's lawyer:

You can file a motion for sanctions against them in family court for unethical behavior. Or, you can complain about their actions to the Board of Bar Overseers of your state which regulates lawyers.

*Against the GAL:

You can file a motion in Family Court requesting specific relief from his or her ineffective or harmful actions toward you or your children. You can find out what organizations that GAL belongs to that may suggest bias in his or her views.

*Learn the ropes to protect yourself:

Even if you're represented by a lawyer, you need to learn basic court rules, procedures, and what are the actual responsibilities of court personnel so you can help direct your case and to know when any of the court personnel are unfairly biased against you.

One important reason for learning the basics is to see if your lawyer is effectively representing you - or NOT. A lawyer has many cases, and he may not be seriously involved enough to work hard to defend you. Or he just doesn't want to risk the judge's anger at him if he is too aggressive at defending your rights. Lastly, you may need to takeover your case from him if you can't afford to pay him any more.

If you go pro se (i.e. represent yourself to the court) you'll need to know the rules and procedures so you can operate in court, know when wife's lawyer is out-of-control (unethical behavior or breaking the rules) and know when the Judge is out-of-control. With what you can learn you can create consequences for out-of-control Family Court Judges and Lawyers. Your lawyer will almost never make a complaint about a judge or another lawyer; it'd represent career suicide for him the way the system is set up.

You can also protect yourself by preparing for hearings and trials effectively so if you're treated unfairly or given a bad judgment, you can appeal to a higher court. Judges do not like their decisions to be overturned. It reflects badly on his judicial ability. It would cost a fortune for a lawyer to do your appeal, but you can do it for almost nothing - apart from learning how to do it.

As a matter of 'protective' procedure on your part, you should always request a written order with written findings of fact before concluding your arguments to the court at hearings. You'll need to know these so you can redress bad decisions or out of control actions. Have a court reporter for all important hearings so if something wrong happens you can prove that it did in your transcript for Appeals Court, for judicial conduct complaints, or Board of Bar overseer complaints.

*Pro Se protocol:

Judges usually don't like most pro se litigants because they don't act calmly and clearly with knowledge of the law, the procedures, and the protocols expected. That's why you need to learn the 'basics of going to court' to operate correctly as a pro se litigant. That way you can always act professionally at all times, like lawyers are supposed to.

In a courtroom the judge is king and all respect is due him since he reflects the state. The court, is not the legislature, a public forum, or a discussion forum where outbursts may be allowed. If you're not in control of yourself, you will be not be listened to; or worse, you can be found in criminal contempt and put in jail. You are obliged to show respect in a court.

If you understand how to operate in court so you can handle your case by arguing aggressively for your rights yet at the same time respectfully to the court, you may ultimately get more of what you want - and some respect.

by: Shane Flait
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Fathers Must Protect Themselves Through The Family Court Process Atlanta