Fundamental Family Rights

Sample Family Rights Act

I. AN ACT:

1. to recognize: 1. that the current patchwork of Family Law in the United States has become a tragedy in which both parents and children are victims, 2. that one of the most basic Civil Rights of any person is to associate with their children, 3. that the vast, vast majority of mothers and fathers are good people and good parents trying to do the best they can, 4. that most practioners in the present “system” mean well but are operating in a difficult environment where there is great administrative power, 5. that the “best interests of the child” are served by recognition of these rights and regular and equal contact with both parents. 2. to enforce some of our most basic Civil Rights: 1. the Constitutional right of both parents to associate equally with their children and participate in their lives free of government interference , 2. the Constitutional right of family members to be secure in their homes, 3. the Constitutional right of parents to change employment or careers throughout their lives, 4. by applying the traditional protection of a jury and proof beyond a reasonable doubt when any of the preceding freedoms are challenged 5. the standard of conduct and proof required for a parent to maintain an equal relationship with their children should be no more for a parent who is experiencing a divorce from their spouse — than for a parent not experiencing a divorce. 3. to encourage: 1. the American people to realize the birth and raising of a child is an important decision that is not to be taken lightly and which will place them (whether they like it or not) in proximity to the other parent for many years. 2. the States to institute programs in parenting and marriage and to encourage attendance in pre-marriage classes before a Marriage License is granted. 4. to provide: 1. that the provisions of this Act become the “default” agreement between individuals before they form a family, 2. that the States and/or individuals are free to institute other agreements to replace this Act, but the acceptance of those provisions must require free will acceptance by the part of any individual to be affected, 3. for the involuntary termination of the preceding rights only when the family member is found unfit to parent — with the same standard of jury protection and speedy trial, 5. to confer jurisdiction upon the district courts of the United States to provide injunctive relief, 6. to authorize the attorney General to institute suits to protect such rights 7. and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Family Rights Act”.

II. DEFINITIONS:

1. The term “parent” applies to both the biological father and mother of a child. If the biological parent is deceased or has taken action to leave the child for adoption —it then means the adopted parent(s). 2. The term “family member” means either a child or parent. The term applies to parents who are unmarried, married, or divorced. 3. The term “home” means a living area which is either owned or rented by the individual. 4. The term “Unfit to Parent” means to be found guilty of being a demonstrated serious threat to the safety of their child with malintent. This is a criminal accusation, and a person accused has the protection of a Jury. The burden of proof is on the prosecutor to show this person has engaged in conduct of the type, such that if similar conduct were done by any other parent in the community, they would be found guilty of the same crime. 5. The term “attempting to escape support” means a willful attempt by a parent to reduce their Child Support obligation by reducing their income primarily for the purpose of reducing the payment. This is a serious accusation, and a person accused has the protection of a Jury. 6. The term “speedy trial” means that if a parent is charged with misconduct which results in a “temporary” order either limiting access to their home or to their children — they have the right to be brought to trial on the charges within 60 days. 7. The term “Equal Parenting” means that by default parents alternate physical custody of their children on a weekly basis. They are both ‘legal’ custodians of the children and both need to be kept informed with ‘tie breaker’ authority alternating on an annual basis.

III. BACKGROUND:

This Act is drawn in the light of the following sections of the U.S. Constitution:

Seventh Amendment – "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved . . . "

Ninth Amendment – "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people … "

While the framers of the Constitution did not include “matrimonial” issues specifically within these amendments, divorces were not then considered matters within the “common” law, but rather church law – we consider the present day frequency and ease of Divorce proceedings (and their devastating effect on families). This “evolution” have would have caused the “founding fathers” some concern. Especially when considered with those words from our:

Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.”

Americans have always held to the tradition that “Liberty” and “Life” rights deserve our greatest protections. In response to recent government activism over the past 40 years, we must now clearly recognize our right to associate with our children, to be secure in our homes. What greater and purer “Happiness” can there be...Read More