Your Client’s Constitutional Rights in Custody Cases

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  • čas přidán 26. 07. 2024
  • Liisa Speaker is kicking off 2022 with a webinar on constitutional law and due process. Liisa Speaker will be joined by expert attorneys, Trish Haas and Josh Pease.
    Topics Include:
    - When your client’s constitutional rights implicated
    - Tips to bringing constitutional issues to trial judge’s attention
    - Challenging the judge when there is a constitutional violation
    GET THE TAKEAWAYS HERE: bit.ly/3KAJxAh
    www.speakerlaw.com/

Komentáře • 60

  • @brandonharvey7939
    @brandonharvey7939 Před rokem +11

    Its illegal to own another human being in the United States and in most of the civilized world ..... government cant compel any individual to take up residence at a y particular address unless in the punishment of crime where the individual has been duly convicted in accordance with due process of the law. These issues are not legal issues. They are domestic issues. If intervention is needed it is from a licensed medical professional..... just like an attorney can not perform open heart surgery. "Family law" is malpractice and one day soon the People of this nation will recognize all the injustice and unnecessary suffering your industry has caused.

  • @brandonharvey7939
    @brandonharvey7939 Před rokem +12

    It is always in the best interest of the child not to have a group of sociopaths determine if they will be allowed to have a dad. How do you reconcile that? "Family law" is human trafficking.

  • @chriswirth4329
    @chriswirth4329 Před rokem +7

    I don't have much money you're the first people that have been honest about what rights we have I rabbit hole on the internet all the time I research I've been studying the law doing free college classes learning the Constitution but it doesn't matter because I file the motions she just keeps turning them down I even filed for a rent of apparel section 17 no response date she don't have review hearings really they terminated my son my daughter it's not even my daughter anymore she has five tattoos the last I knew that she was you know not doing very good in class she wasn't on a roll student I got her a tutor she ended up calling Suicide Hotline I got her counselor therapist but they fired that one and took her to one of theirs she sent me a picture one day where she looks like she was all drugged out my daughter was in sports all sports she was your All-American Girl and she had a bright future they took state tournament she had six medals the MVP and trophy she don't play sports no more she don't go to church no more she don't talk to me cuz she said that she'll get in trouble I don't know what to do but I can't stop fighting they're my life it feels like somebody is slowly just killing me

  • @tobiasdemilt9572
    @tobiasdemilt9572 Před 9 měsíci +2

    Not just an attorney in your behalf but a competent attorney

  • @drewmosh1
    @drewmosh1 Před 5 měsíci +2

    I am happy that people in industry care enough to have these conversations. It’s sad though how often judges and magistrates don’t follow the law. I don’t know what’s worse a judge not knowing the law or a judge purposefully not following the law. And then they can claim “no harm” after breaking the law?! Is this considered corruption? I really wish people cared about the rights to have their children as much as they cared about their rights to have guns. This all needs to go viral and judges need to be held accountable or things will only get worse.

  • @catherinejenkins8474
    @catherinejenkins8474 Před 9 měsíci +3

    What can be done to guardians that will not let you have your visitational rights

  • @johnjohnson1681
    @johnjohnson1681 Před rokem +4

    @51:39 The American Bar Association's Model Rules of Professional Conduct Rule 3.3(a)(2) states: "A lawyer shall not knowingly fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel."

    • @jensenjames3874
      @jensenjames3874 Před rokem +3

      Can you breakdown what that means please. Thank you

    • @michaeljfunk6831
      @michaeljfunk6831 Před 2 měsíci

      ABA MRPC also state an attorney shall not present false evidence or permit themselves to the tribunal but they do and they get away with it everyday because what's the worst it's going to happen they get suspended for a couple months maybe even 6 months to a year then they're back to the same old shit again they need to be disbarred from practicing law completely but just like cops they claim they are held to the highest of standards but prove everyday they are not even close to being held to the same standards as Joe snuffy walking down the street

  • @lightinthedarkness6949
    @lightinthedarkness6949 Před 3 měsíci +2

    Both sides should have an attorney. It is absolutely ludicrous that the courts force abused women to defend themselves and their children against their abuser, who takes all the family money and buys himself an attorney for the whole purpose of destroying the wife because she left him.

    • @michaeljfunk6831
      @michaeljfunk6831 Před 3 měsíci +1

      it's absolutely Ludacris as you say for the mother to use false allegations to obtain no contact orders without domestic abuse or any violence threats I literally had a judge a few months ago on the 8th contempt for interference with visitation The judge asked her attorney if he would like to have a no contact order against me as well just out of the blue solicited a no contact order this is in Iowa it's been 4 years since I've seen my son but they've raised my child support every year and I pay it and I carry insurance on him We just filed a 30 count contempt pro se, because I couldn't get an attorney within a 50 mi radius of where I live in Iowa being 100% service-connected disabled combat veteran I don't have the resources that most people have I guess every attorney I talk to the minimum was 5 to $10,000 retainer and I told them The only thing I need is for the judge to enforce their own orders like I said I'm on my 10th contempt in 4 years against her and this one's a 30 count contempt I absolutely have grounds in the judge has an obligation to do a change of custody this isn't the first time she's been found in contemption it's a pattern of behavior for the last 13 years it's ridiculous draining it's not in the best interest of the child and it's 100% interference with a child parent relationship assisted by the courts because the Iowa courts also said you don't have constitutional rights and family courts we don't acknowledge federal law and they held up to it because they violated the ADA too when I invoked it.

    • @tommypearson9260
      @tommypearson9260 Před měsícem

      @@michaeljfunk6831 Thank you, Always a mother acting like the man was abusive yet they have all the power in the courts sounds like her ex was just a lot smarter at the time and stood his ground most men don't talk trash about their ex's even when getting screwed but women do. 🤣🤣🤔

  • @user-ut1nv1wi7n
    @user-ut1nv1wi7n Před rokem +3

    When my daughter went to court .my daughter had to tell the judge that it wasn't her name on the court papers

    • @kristibranham7177
      @kristibranham7177 Před 3 měsíci

      I had this same exact issue but judge the gal county attorney or cps would listen to me. Cps removed children from me but court papers list someone else whom I’ve never heard of

    • @sandrabrewer874
      @sandrabrewer874 Před měsícem

      They have my sons name wrong on my paperwork they gave me sister to give me

  • @cafebacon8974
    @cafebacon8974 Před rokem +2

    #saveLucasNLeia #cleanlaundrycaper children WILL ALWAYS SEEK THEIR BIOLIGICAL PARENT.

  • @Sandy-vq2fn
    @Sandy-vq2fn Před 3 měsíci

    I was assaulted by police and forced institution by nothing but false reports by my abusers and I suffered severe physical and mental trauma😭💔💜

  • @CrownOfGoldCompleatSacrifice_2

    Always on time ❤

  • @robertbrown785
    @robertbrown785 Před 2 lety +4

    The court system did over reach they do not have the power or right to past judgement. Not to mention a lot of parents’ rights mainly fathers get destroyed in it.

  • @amateurauthor1402
    @amateurauthor1402 Před rokem

    Hi!
    My name is Lucy and I reside in Tulsa, Ok.
    My grandson's father has lied to the court system here in Tulsa, and got custody of my grandson and now he is alienating my grandson from my daughter and I.
    My daughter has visitation, but he is not allowing my grandson to come home, he keep telling him that we have to get a paper, which means we have to get an attorney and go back to court.
    He has lied and said that my daughter and he were married and never was. He has also said that his income is $1,800 a month when he is a 10 year truck driver, his attorney, nor the judge asked to see his 1040 from his taxes to see if he was telling the truth.
    He had a relationship prior to my daughter's and the woman left him with their two kids and he did not know where they were for three years.
    The judge got upset because I asked her if she was appointed or elected.
    She had my daughter to do mental evaluations, and did not consider her results, and the dad did not tell the judge that it was his family that has the mental illness, which includes his mother and brother.
    Is there anything that you can suggest, we are trying to get the funds together for an attorney, but we still have not seen my grandson, only talk to him on the telephone with him in the background.

  • @torrinjohn
    @torrinjohn Před 2 měsíci

    How about the right to a jury trial? How about changing the evidentiary standards to the same as other courts? How about kicking out child support who has no standing in the court whatsoever?

  • @AmericanConstitution
    @AmericanConstitution Před 4 měsíci

    What about the constitutional right: Right to family integrity....found in Black's Law Dictionary, 9th Edition..by Gardner? Can you elaborate on this one....

  • @tommypearson9260
    @tommypearson9260 Před měsícem

    I haven't seen my son since he's been two years old now he is 22 i already gave up and just want out of the system it has broken me to the point to where, I don't even care if i know him anymore i been through enough and want to just move on with my family.
    I have a daughter in highschool and 38k in back pay but fortunately they aren't charging me any more i just have to pay arrears i thought about getting a 3rd job just dedicated to erasing that debt in a year i been on child support for 20 years i want to live my life now it's too late for any type of relationship with my son.

  • @Sandy-vq2fn
    @Sandy-vq2fn Před 3 měsíci +1

    This is my second time fighting and pushing back on DHS violating my rights and threatening me for nothing but just coeesive control

  • @iheartherbs
    @iheartherbs Před 6 měsíci +1

    These different ways they violate our right to due process are endless and VERY COMMON! 😅 Rare my ass

    • @ashielarry
      @ashielarry Před 5 měsíci +1

      I need to know how to file a deprivation of rights case against a Judge

    • @Allforoneandoneforallll
      @Allforoneandoneforallll Před měsícem

      @@ashielarry😂. I’m a divorce and family court coach. This is not rate. 80% of my clients share stories of their rights being violated

    • @ashielarry
      @ashielarry Před měsícem +2

      @@Allforoneandoneforallll please elaborate on the role of a divorce and family court coach. I’ve never heard of such a job title.
      The fact is the courts typically violate due process and the lawyers (attorneys) know and are complicit in the violation. I recently had to dismiss an attorney I hired because of a difference of opinion.
      I was never served a copy of a summons or complaint for a civil case, but I became aware of the case via other means. The attorney for the plaintiff file a show cause order before I was ever served; which means he planned to “lie” to the Ministerial Clerk (aka “Judge”). When I went to the court and brought it the judges attention, they went to the side, hurriedly filled out a service of process form placed it beside me, inside the Courtroom.
      You can’t serve someone inside a Courtroom, but the attorney I hired was trying to tell me that it’s fine. I dismiss him.

  • @melisataghon3007
    @melisataghon3007 Před 3 měsíci +3

    You guys are telling us what the laws are, and you’re confirming that they are indeed broken, frequently! But you’re not telling us, as parents representing ourselves and fighting for our children, how to fix the problem! What do I do? Most of what you talked about has happened to me! How do I correct it?

  • @jenniferwyatt8945
    @jenniferwyatt8945 Před rokem

    What can you do when these rules don't hold?

  • @collenegarland4372
    @collenegarland4372 Před 2 měsíci

    I have an apparently difficult and unheard of question.... My son's father and I are not together, CPS snatched my son in mid 2020, the father was in prison since before I even had my son, over 10 years. We were appointed different attorneys, our rights were terminated, I had my appealant attorney file an appeal (I guess you could say, "for me"). Only I am named in the whole appeal and only discussed what did/did not happen pertaining to the case and my son. I won my appeal. So..... since the father was represented apart from me, my appeal only contained actual events taken place in regards to me and me and the Dept., my son, my appointed attorney, caseworker, etc. My appeal does NOT affect the final order for the father, correct? His rights are still terminated, correct? Besides, the father's absense all my son's life, is considered "abandonment", correct? Please, help me to know these answers.

  • @joneday9131
    @joneday9131 Před 2 lety

    Please tell me you can help a father who is in California and that judge is dealing with very similar situation with temp orders that have been granted by hearing that petitioner asked court not to notify respondent. Using a 14 page declaration that has been objected and judge did not strike. Trish your story sound like mine. Please I need your assistance and guidance for family custody court.

    • @j.woodgard
      @j.woodgard Před 2 lety

      Child support made simple CZcams channel.
      If you hire an attorney you've given up your sixth amendment right.

    • @joneday9131
      @joneday9131 Před 2 lety

      @@j.woodgard custody not child support

    • @j.woodgard
      @j.woodgard Před 2 lety +2

      @@joneday9131 though they are two separate issues it is my belief there is an ethereal connection as they can charge you more money when they remove your children from your care and custody.
      a clear Fourth amendment violation as you are to be secure in your papers and your effects.
      I would regard my human offspring as being included in the 4th amendment.
      You may not be charged a fee for what you've always provided for free. You don't need to ask for what you already have which is custody of your natural children. I'm not telling you to do anything to get yourself in trouble but you don't need to file papers and ask for what you already possess! In other words you have standing to go retrieve your children. Sometimes it's better to ask forgiveness than permission. Not legal advice!
      Read the constitution and the amendments there too think about what all the words mean then read the federal rules of civil and criminal procedure then read the same for your state. commit them to your mind.

    • @jessica-deannemonday.389
      @jessica-deannemonday.389 Před rokem

      Great stuff guys thank u.. but wouldn't it be wise to invoke faith and beliefs under the ICCPR as freedoms rights r given by man freedoms are granted by God according to KJBible that was declared rule of law in 1986 I believe we have year of the bible case. Also this whole fraud is based on them making h the PERSON in law trump gave definition of persons as corporations all upper case ur names being altered so the courts can tell federal reserve they owe the court. Due 4:2,12:32 2 Sam 14:14 James 2:9 fight the world with the word. Use theor own laws against them stay n honor gain agreement u r not a person and can not be a person according to their book the queen sword to be defender of the faith.

    • @shananava
      @shananava Před 2 měsíci

      Supposed best interests of child trumps parental rights. It's used to keep me away from my child. Thousands in and 2 daytime visits. No overnights. Custodial grands urged to speak to counselor. She called school guidance con. Judge heard grandfather recording 15 min cursing me over my ordered time. No consequence.

  • @chriswirth4329
    @chriswirth4329 Před rokem +2

    So what does somebody do when a lot of things that you get to talk about have happened to me and my kids to CVS workers use confidential information and then we didn't see her for a month she deemed to safe but then she put me on the child abuse registry list and a month later she come to my house and we did everything and I had asked for a parenting class never do that again but I signed all the papers other than this one that she wanted me to sign a paper where it had my my name my kid's name in a big Blank Space and then at the bottom it said I blame for my name goes consent to abusing and neglecting my kids all I did was tell her I didn't understand because I've never abused my kids and I didn't even know I was pregnant we were in the middle of you know at the beginning of a pandemic and she got extremely mad that's for everything changed she started yelling at me and telling me that the County Attorney would have taken my kids it wasn't for her and mind you I have no criminal record I have no drug record I have no abusive record I actually was approved by DHS to have her best friend because her best friend's mom was involved in a case and she scared me enough I signed it but then she just grab that paper and be lined out my door I instantly got a bad feeling so I went to the door and I told her that I needed that paper back and I would sign it but I just needed somebody to look it over and explain it to me because I'm disabled and sometimes I have a hard time understanding when I'm reading and that's when she saw her carved or back shut and she started yelling and screaming that DHS was done with me and she was ripping the paper up and I was crying and I was trying to calm her down but that didn't work and the weird thing is is I had a ton of witnesses and at the time she was at my neighbors security camera but I also got her to admit to this when they came to get my kids she admitted to it on the police officer's body camera footage and I have that because after that day the next day I went to get my evaluation and I started my recommendations and the day after that two days after the incident Sheriff was serving me papers for court

  • @TheHolliHolland
    @TheHolliHolland Před 15 dny

    My rights are being stomped on simply bc my husband passed away.

  • @melisataghon3007
    @melisataghon3007 Před 3 měsíci +1

    When and where do I explain to the judge that he can’t do that??

  • @GaryWilliamowski
    @GaryWilliamowski Před 11 měsíci

    Really all I heard was water fountain talk.

  • @joseDiaz-cd5le
    @joseDiaz-cd5le Před 2 lety +4

    We are supposed to be living in a Constitutional Republic ,not a Democracy

    • @vengeance2825
      @vengeance2825 Před rokem

      The 50 states or the several states represent the Constitutional Republic, Article IV § 4. Democracy is an ideology repugnant to the Constitution. However, the "United States" in so far as it is the National Government and a federal corporation in DC and also territory over which the "United States" is sovereign can impose democracy within its jurisdiction. Congress has the right to regulate citizens of DC wherever they may go throughout the several states, deriving authority from the Constitution via Article I § clause 17 and Article IV § 3 clause 2.

    • @chriswirth4329
      @chriswirth4329 Před rokem +3

      @@vengeance2825 the law no matter what state a person is in, has got to view it through the lens of the constitution. So why is this so complicated for skilled attorneys

    • @vengeance2825
      @vengeance2825 Před rokem +1

      @@chriswirth4329 This is an easy one. Legislators have done this themselves with legalese designed to manipulate the system.

    • @teraadams4817
      @teraadams4817 Před rokem

      Hello we live in Martinsburg,Wv trying to find someone to represent my daughter. They took my 2 grandsons away because my daughter was involved in a strangulation while she was 3 months pregnant with my granddaughter. They took my granddaughter at 2 weeks old because we were living in a hotel do to a house fire 9 days before she was born in February 2022

    • @shananava
      @shananava Před 2 měsíci

      It has to go to federal court or ADA for rights to matter I've read repeatedly.

  • @GaryWilliamowski
    @GaryWilliamowski Před 11 měsíci

    All family court judge are selectied No appointed in iowa you know custody goes to the mother for child support payments to the states for money so the best interest is. For the state to make sure mother keeps the child Shall- may -must are Directives is always put into an order for the father to follow but not the mother. A pro sa when objecting judge gets made because a citizen should never know that he can object. It all word games mothers can say anything and judge believe ii and they use the word Discretion to say he doesn’t. Believe the father testaments to the facts .

  • @judyalexander2077
    @judyalexander2077 Před dnem

    I have the state in Atlanta opening an investigation, but so far it’s not gel.!!!!

  • @SarahSzuminski
    @SarahSzuminski Před 3 měsíci

    D E F U N D
    D C F