Eagle Forum Legislative Alerts

Thursday, October 16, 2014

How Divorced Parents Lose Their Rights

The New York Times just published an article called "How Divorced Parents Lose Their Rights." I’ll bet that most people don’t know the facts in this article so I’m going to tell you what this article said.

Married parents cannot sue each other when they have differences of opinion. They just have to work out their differences, but still, parents are presumed to act in the best interest of their own children, and parents’ rights are respected.

However, divorced parents and parents who were never married have no parental rights at all; those rights have been transferred to family court judges and to so-called experts such as counselors, lawyers, psychologists, or custody evaluators who are chosen by the judges. According to the New York Times analysis, family court judges routinely decide such major issues such as where the children of divorced parents will live, what school they will attend (homeschooling is usually not approved), where the kids will go to church (even which denomination), and where and how they will receive medical care. These judges may even decide whether the kids can play soccer or must take piano lessons. After divorce, usually one parent wins custody of the children and the other becomes just an occasional visitor. Even when unmarried parents agree on a plan, judges can overrule them. A judge can decide when the separated parents may spend time with their children and how much time. Any agreement divorced parents make with each other can be overruled by a family court judge.

The problem is the phrase the Best Interest of the Child. The right to make those decisions used to be the child’s own parents. But somehow, in the 1970s, the legal establishment moved the definition of that phrase to family court judges and deprived parents of their parental rights. I hope you will read my book "Who Killed the American Family?" to be further informed about how family courts have damaged the American family.

Listen to the radio commentary here:

1 comment:

Anonymous said...

Ms. Schlafly, I'm a huge fan of yours. I would respectfully note that these parents - not the judges - are the ones that have run to court to steal the rights away from the other parent. It is the parent that bears the responsibility of involving the court in the death of the family. If they had kept the family in tact, the court wouldn't be involved. (I am a Christian, miserable family law attorney, so I deal with this everyday. I blame the parents, not the judges.)

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