Winning a Child Custody Battle
If you believe that a child custody agency is wrongly trying to take your children away, you have the right to challenge them. Here are some general steps you can take:
- Consult with an attorney – or get the “How to Win Without An Attorney” course using this link: https://youarelaw.org/jd – An experienced family law attorney MAY help you understand your rights and options, and represent you in court if necessary. But they are expensive and you really can do some things first on your own with a little help. But also ready the self help article below. You really can beat up the beast on your own with a little education.
- Also use a Premium Membership with https://youarelaw.org/join
- Gather evidence. This could include documents, such as medical records, school records, and letters from friends and family members who can attest to your parenting skills. It could also include testimony from witnesses who can speak to your ability to provide a safe and loving home for your children.
- File a petition with the court. SEE article below. This will formally challenge the child custody agency’s decision. In your petition, you should state your reasons for challenging the decision and explain why you believe you should have custody of your children.
- Attend a hearing. The court will hold a hearing to consider your petition. At the hearing, you will have the opportunity to present your evidence and witnesses. The child custody agency will also have the opportunity to present their evidence.
- Await the court’s decision. The court will issue a decision after the hearing. If the court rules in your favor, you will regain custody of your children.
It is important to note that challenging a child custody agency can be a complex and time-consuming process. If you believe that your children are being wrongly taken away, it is important to fight for their right to stay with you.
Here are some additional tips for challenging a child custody agency:
- Be prepared to answer questions about your parenting skills and your ability to provide a safe and loving home for your children.
- Be clear about why you believe the child custody agency’s decision is wrong.
- Be prepared to present evidence that supports your case.
- Be patient and persistent. The process of challenging a child custody agency can take time.
I hope this helps. Here is a preview article on where to start if you are legally correct in your position –
LEGAL PROCESS ARTICLE
HOW TO WIN A CHILD CUSTODY CASE WITH SIMPLE STRATEGIES – ON YOUR OWN.
Family Law Basics
- Who should have you kids?
- Is someone threatening your rights?
- Angry family member?
- Ex-spouse?
- Child Protective Services?
- Nosey next door busybody?
- Unknown mystery person?
- Who is trying to take your children?
- What argument are they making? Be ready to fight. But it is you kids after all.
- Here’s some legal ammunition you can use.
Introduction
Of all the “human rights” our courts should be protecting, the right to have and enjoy one’s own children should be at or near the very top of the list. Unfortunately, for far too many in these troubled times, that right is being abused. This abuse often is committed by criminals or other illegal or immoral actions only YOU as a parent can stop. In the end, you will likely need to use the courts, of course…AND YOU CAN DO THIS!
But you will need to go about it in the right way, or you’ll not only waste your time but further jeopardize your right to have custody of your children in the future. Child custody is a hotly contested issue. Rumors of abuse by parents and the agencies to take custody of children abound, that certain courts and agencies are doing that, if true, should be investigated by the FBI, and lawsuits should form when the facts and law support it.
Let’s protect your children first, and perhaps fight that battle later for the sake of other parents who have had or are being threatened with having their children taken away illegally or without proper grounds.
This class offers some positive action you can take now. First, find out if someone lied about you! This is the first question we need to deal with, because it can give you some extremely powerful ammunition to not only keep your children secure but possibly gain you a substantial amount of money when you rightfully sue for both money and custody.
Too many parents are losing their children because someone lied about them, saying the parent, such as:
- is a heavy drug user
- does not care for the children’s medical needs
- allows disreputable visitors to be around the children
- has a felony record, without showing how it directly impacts the child.
- emotionally abuses the children
- physically abuses the children
- sexually abuses the children
- allows others to abuse the children
- does not keep the children in school
- does not properly feed or clothe the children
Sadly, in far too many cases, these allegations are true. You will likely lose if true…and should.
In an alarming number of cases, these kinds of falsehoods are being used to deprive a “good parent” from caring for the children without interruption or intervention from others. The other wide just made a claim and got a lawyer – now you can beat them with a little study.
In still others, allegations are made by doctors, religious leaders, neighbors, and others who have no actual knowledge to substantiate what they say about you. They too are liable for the consequences that affect you and your family.
Later in this class you will learn what to do if your parental rights are threatened by someone’s false (or unfounded) allegations about you or the home setting.
If They Didn’t Lie, Were They Negligent?
Too many parents are losing custody of their children to over-zealous agency workers, who simply don’t know what they’re doing or don’t care or just want to exercise their imagined petty powers to inflate their personal fragile egos.
If you’ve lost custody of your children, use the method outlined in this material. But instead of using Slander as your principal cause of action, use “Negligence” instead for the best chance to win. You might also find other “causes of action” that apply to the facts.
Fighting the local Division of Child Services (by whatever name that agency is called in your state) is NOT the only way to go. There are always multiple ways to make others do the right thing. Don’t put all your legal-remedy eggs in one basket.
File a lawsuit for damages! You can do this without a lawyer.
Lawsuits give you “Discovery Power”, to find out what really happened, why it happened, and who was behind it all. Don’t be surprised they will try to avoid this, and this is how you win with a few follow up steps.
When applied correctly, you’ll have more than the agencies to challenge. You’ll be able to “discover” everything you need to know to get your children back using your 5 powerful discovery tools. These tools give you exactly what you need to challenge these agencies.
Discovery is covered in another class “How to Win In Court without a Lawyer” course. Get it at a discount at: https://youarelaw.org/jd
Lawsuits force bad people to sit up and pay close attention to what you have to say and possibly pay you money to compensate you for your troubles. If your lawsuit alleges that some ignorant, dishonest, high-minded, conceited or brain-dead dirtbag acted contrary to law and goodwill, a properly drafted and litigated pleading can not only get your children back home but can also win you a giant pile of money you can use to make up for their detention, providing funds for their education, health, and other welfare needs.
Full force intense-litigation is highly recommended for all parents who’ve lost custody of their children due to lies, underhanded deceit, stupid negligence, or outright hateful deeds intended by bad-minded or grossly ignorant people to cause unjustified heartbreak and family disharmony. If you keep your head and follow some basic procedures, you can do this. All without more dishonest lawyers and that expense.
What Are Parental Rights? Have you even looked them up in the law?
To start with, your parental rights begin before your children’s birth.
A father has rights even to his unborn baby. This may be mitigated in some jurisdictions where the parents are not lawfully joined in marriage, but in most states the father’s right to enjoy custody with his biological offspring is honored by the courts. Thi is provided that this right is supported by the father’s also taking responsibility for his fatherly duties toward his children. Keep in mind, Abandonment can and SHOULD terminate a father’s parental rights when an action is brought in court for an order declaring the same.
A mother has absolute rights to her children at all times. This right is from conception to birth, from early childhood until such time as the child becomes of legal age (whereupon the child has all its own rights).
Parental rights include, but are not limited to the right to:
- have exclusive care of the children
- make all decisions with regard to the children
- stand in court for the children
- decide what is best for the children, etcetera
However, those rights must be exercised within the constraining limits of the law and societal norms.
When a parent takes actions with regard to his or her children that are contrary to societal norms or outright contrary to law, that parent’s “rights” are immediately in jeopardy and SHOULD be.
So who should have PRIORITY?
This is a sticky question, so it must be answered with certain reservations that put “edges” on the answer. Traditionally, the mother has throughout history been favored (for the most part with few exceptions) because she is essential, of course, for the prenatal period through the time when a child is weaned.
In modern times this bias has shifted somewhat, but biologically speaking one is compelled to conclude that the father has incredibly little to do with the development of a child, at least in the prenatal and early formative years.
On the other hand, it is an established medical fact that maternal nurturing of infants is essential to children’s later development emotionally and physically; something a father might be able to provide to some degree but is biologically incapable of in every aspect.
Some legislatures try to “divide the baby” on this issue by saying both parents have equal rights, but in practice this is seldom the case. Factors will usually be “discovered” to favor the mother, provided all other aspects are equal in terms of the parent’s competing abilities, motives, resources, etc.
If you are a father, fight for your right to care for your child. Do this by demonstrating that you unequivocally are in a better position to provide what is “in the best interest of the children”.
If you are a mother, fight for your right by making clear that you have the financial resources as well as the emotional qualities to nurture and protect your children equally as well or better than the father.
And, mother or father, if someone outside the parental sphere (e.g., an in-law, child resources, a foster parent agency, nosey busybody, or anyone else who has no biological tie to your children) attempt to challenge your right to care for and guide your children forward to a happy and successful adulthood, FIGHT AGAINST THEM WITH EVERY OUNCE OF YOUR BEING UNTIL YOU PREVAIL! The two of you have the ultimate right to your children!
What is most important to win? SIMPLE…
#1 is this and only this: The best interests of the children.
Nothing else matters. The law doesn’t care about your “convenience”. The law doesn’t care about what you want. The law doesn’t care about your ideas about anything whatsoever other than “what is in the best interests of the children”. So, put everything else out of your mind when you begin to fight for custody!
The law is interested only in the children’s health, physical and emotional education, safety, and enjoyment of life.
Naturally, your job is to allege and prove ultimate facts that demonstrate that you are the person who can best provide for “the children’s best interests”. It is this simple.
- Do you have sufficient financial support?
- Do you have a secure housing arrangement?
- Do you have a history of loving care for the children?
– These and other things factor in. Emphasize them.
Ignore everything else that has anything to do with what’s in “your best interest”, unless your best interest couples with the children’s best interest.
What the Law Says REALLY Matters and is usually correct.
The only way to answer this question is to know it well. You must use the Legal Research class in the full course, and the Online Legal Research tools to find, study, and be prepared to cite the law in your state that controls child custody cases. Google search tools. Google Scholar is free and easy to use plus state law sites are simple to find and follow.
What you “believe” means nothing.
What other people say on the internet means nothing. Your children are not “your property”. They are human beings with God given rights of their own (whether you believe that or not – sorry). These are rights that will be totally secure once they reach adulthood, but also rights they have from the moment of their birth, and arguably based on science and common sense not clouded by modern satanic word manipulation, from the moment of conception.
The law takes the position that having children, whether you are the mother who bore the children or merely the father who impregnated the egg, bears with it a solemn and unavoidable OBLIGATION and responsibility to care for the children. The parent has a moral and legal duty to ensure everything in their world is “in the children’s best interest”. No exceptions. No sovereign or patriot theories will save you, especially when it comes to a child. At the end of the day there is a moral duty to a victim here.
Don’t go off fighting the system unless you Know the law first! It’s easy to do.
Know the law before trying to use the law to enforce the rights you claim to have with regard to your children, their care and their custody. Never assume to know the law. Look it up and read case law first.
When you are moving a court to enter the orders you need, it is essential that you provide citations involved, but also the controlling appellate court opinions which address the issues you are contesting.
No case law? Now win! Remember this.
Judges don’t care what you think, believe or want, how you want to spell your name, etc — except where it may impact “what is in the best interest of the children”. However, they do care about what their “bosses” think; the opinions of appellate court justices who preside over them and sit in a position to reverse the lower court decisions. Your judge will not want to publically be seen going off base and entering rules without legal justification, or allowing a case ruling based on insufficient evidence. Appeals court laws (aka common law) are what hold the judge in control. This is why you CAN win, yourself, with just a few simple weapons.
The law is the law — So know it and use it vs claiming the law doesn’t apply to you (what nonsense). Do not start this claim, until you first carefully read the UCCJEA? The other side counts on you not reading! And do you expect to win without it?
Almost every state has adopted some form of the Uniform Child Custody Jurisdiction Enforcement Act.
SEE – https://www.ojp.gov/library/publications/uniform-child-custody-jurisdiction-and-enforcement-act
This is a good place to start on your quest to know the law of your state that pertains to child custody.
Then Google “UCCJEA” along with the name of your state, chances are you’ll find more information than you can need under the “Ohio UCCJEA”, “Oregon UCCJEA”, etc. This is a solid place to start.
WARNING: Not everything you find in a Google search is going to be “official”. Some will be articles by law firms and some may even be advertisements. Most articles will likely be by people who haven’t the slightest clue what the law really is, people who are simply angry with the “establishment” and want to voice their useless opinions. Find the official website for the state only. Some of what you’ll find with a Google search, however, will be from “official” sources, possibly even from your state’s legislature, state supreme court, or even the state bar association. Study THAT!
KEY FOCUS – Be prepared to cite that act, and only cite controlling appellate court opinions which clarify the application of it, and other official laws in your state that control child custody. ANY other “laxy” claims or tactics will likely make your case worse, or it may reveal perhaps you really don’t have a case – if you are the problem. Find out if your case is winnable well before you go to court. If you are not quite prepared yet, move the court for an extension of time to get ready using their listed procedures. But don’t abuse that time request if you are not serious about winning – the right way.
Process for the FIGHT
Taking on your state’s or county’s “child protective agency” or “foster home program” or other opponent that is threatening you — is just another lawsuit and should be managed like ANY OTHER lawsuit. Keep it that simple.
Just learn:
- Pleadings
- Discovery of Evidence
- Motions for Orders
Your cause(s) of action will be custody related, of course, but the procedure and evidence tactics will be nearly identical except for the subject matter – custody of a child or children.
Do NOT charge off claiming, “My Constitutional rights have been violated.” That is not a “cause of action”, it might just get you thrown in jail. NOTICE: You were warned here.
If someone lied about you you will sue the agency involved and the person(s) who lied. THAT is the eky Lying happens too often. The good news is, their lying EXACTLY opens the door to a special tactic explained below.
If you don’t know who it was who lied, we’ll get to that by using 5 discovery tools to get it brought out. Find out who lied, but also why, when, where, etc. This works if you stay focussed.
Here’s a very rough draft action to get you started. This is offered just to give you some ideas. You’ll have to research the law and local rules for your state and modify this for your own use, if it seems to apply to your situation. This is essentially your suit filing:
————————————-
(COMMENT – use the common court header and style seen when you look up other cases in your jurisdiction)
FOURTH JUDICIAL CIRCUIT COURT
BEACH BALL COUNTY, CALIFORNIA
FAMILY DIVISION
Case No. 12345
GRACE MOTHER,
Plaintiff,
v.
BEACH BALL COUNTY, CALIFORNIA
DIVISION OF CHILD SERVICES and
JOHN DOE and JANE DOE, unknown persons,
Defendants.
_____________________________/
EMERGENCY COMPLAINT FOR SLANDER AND CHILD CUSTODY
PLAINTIFF Mary Smith(Mother) sues Beach Ball County Division of Child Services (herein the County) and John Doe and Jane Doe, unknown persons (herein the Slanderer, which term also includes the plural), for slander and custody of her 9 year old daughter Jane, and in support therefore states:
JURISDICTIONAL ALLEGATIONS
1. This is an action for money damages in excess of $50,000.
2. This action is brought to obtain lawful custody of a child and to recover money damages for slander.
3. All acts material to these proceedings took place in Beach Ball County.
4. This court has jurisdiction.
FACTUAL ALLEGATIONS
4. Unknown persons knowingly published to the County false allegations of material fact as to Plaintiff’s ability to properly and adequately care for her child Jane.
5. The nature of those allegations will be made clear in due course, pending discovery by which Plaintiff will identify said unknown person or persons, the exact allegations made, the falsity of said allegations (or irresponsible lack of direct evidence in support), how and to whom the allegations were published, and the impact that resulted in Plaintiff’s being deprived her right to continuous custody of her child Jane.
6. But for the false and baseless allegations published to the County, Plaintiff would now have lawful custody of her child Jane.
7. Justice requires that no action be taken by the County with regard to Plaintiff’s children or Plaintiff’s custody of her children, based on more unproven allegations that are not in fact true and are not supported by admissible direct evidence.
8. County has denied Plaintiff knowledge of the identity of said Slanderer, and the content of allegations against Plaintiff’s custody of her daughter in spite of Plaintiff’s reasonable and repeated requests for that knowledge.
9. Due process and the interests of justice require that the identity of all persons providing information to the County, with regard to Plaintiff’s fitness to enjoy continuous custody of her child Peggy (whether true or false) be revealed to Plaintiff without further delay.
10. Time is of the essence in this matter.
WHEREFORE Plaintiff moves this Honorable Court to enter an Emergency Order requiring County to identify all persons who provided any information to the County with regard to Plaintiff’s fitness to enjoy custody of her child Jane, and upon Plaintiff’s demonstrating by admissible evidence that such information was false, and possibly known to be false at the time. Therefore, the law requires the County to immediately return the daughter to Plaintiff’s custody, and to award money damages for Slander against the unknown party or parties, together with such other and further relief as this Court may deem just and reasonable under the circumstances.
I CERTIFY that a copy of the foregoing was provided to Beach Ball County’s attorney, Dewey Cheatham, Esq., 38 Liar Lane, Sandy Shores, California this 6th day of May 2023.
________________________________
Your name (the Mother), Plaintiff
________________________________________________________________________________
COMMENT ON THE COMPLAINT ABOVE – Notice this sample does not state a separate “cause of action”, so you’ll need to do your research and perhaps re-draft to include multiple causes of action, depending on your fact based circumstances. If the liar was an ex-spouse, the case may be heard within the divorce proceedings. Use the same essential argument there.
If the liar was someone within the county agency, the entire county may be liable for the slander, thus putting its vast financial pockets in jeopardy to pay your damages.
Use this example only as an idea, modifying it according to the actual facts of your circumstance.
When should you file?
Do not file until you have all your ducks in a row. All you really need to do is know the law, and be able to cite it in your pleadings, motions, and memoranda as explained in the full course. DO NOT simply file this complaint above until you complete the full course, and find supporting case law. Know the rules that apply and be able to use them without apology. They are there for YOU just as much as they are for anyone else.
Be prepared for a fight. Make up your mind to win against all odds if the facts and law are in your favor. When it comes to your children, NEVER GIVE UP!
What Evidence Do You Need?
First off, of course, you need to know who lied. You need to know exactly what they said, i.e., the exact words, if possible. You need to know who and what they were told.
You need to know how what they said resulted in the custody of your children being thrown into jeopardy.
If possible find out what their true motive was in lying, because this will affect the amount of money the court may be willing to award you for their slander. Having these details greatly enhances your chance of winning.
Getting the evidence isn’t as hard as you might think.
Unlike an action solely against the agency, this action is ALSO against individuals you can attack with your 5 discovery tools, in order to get answers and documents you hope will prove those individuals lied.
You have all these to dig a little to find the stink that has cost you such emotional suffering, so use them in the following order as taught elsewhere in the full course:
- Requests for Admissions
- Requests for Production
- Interrogatories
- Depositions
Use your Subpoena Power – Use these tools, it’s not that hard.
Conclusion — Use the full course “How to Win in Court Without an Attorney”, as cheap insurance to get your kids back.
To order this inexpensive course go to – https://youarelaw.org/jd
Nothing is more devastating than losing a child. When the loss is caused by death it is irreparable.
When it is caused by the callous disregard of a government agency and its employees, there is a remedy if the grounds are not based on legal or equitable doctrines.
When it is caused by the intermeddling of some hateful person who falsifies statements against you, it has the potential of not only returning to you custody of your children but also providing financial assistance in the form of a favorable court judgment by which you can further provide for your children and “what’s in the children’s best interest” when you collect money from the liar(s).
I know this class may not be all you need, but perhaps it will guide you to make decisions and take action that may cause those who oppose you to recognize that you, and not they, are your children’s parent and that you are not going to allow them to deprive you of your God-given right!
If you are a good parent, the law is on your side. Use the law as a sword to get justice for yourself and for those you love!
Get started, you can do this like so many have. This is your answer if you are in-the right on this.
Go to: https://youarelaw.org/jd
And be sure to remain a Premium Member of our site, to answer questions and enhance your legal knowledge.
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