Fairness in Family Law Michigan
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Michigan State Legislature
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We respectfully demand that the Representatives and Senators of the Michigan State Legislature do urgently draft, support and pass legislation that will ensure complete fairness within the Michigan legal system as it pertains to family law. Furthermore, we request that the parent-child relationship be considered a liberty interest that is protected by Due Process and such legislation should seriously consider the following elements:
1) Equal Parenting for fit parents unless they agree otherwise: no parent deemed unfit except upon conviction before a jury of peers, no more unequal custody rulings by a single judge.
2) Trial by jury in all cases that involve the Fundamental, Constitutional right to be a parent, with standard of proof as beyond a reasonable doubt .
3) State-of-the-art electronic recording of all family court proceedings: Cameras and voice-to-text software to automate transcripts in all courtrooms and allowing parties to use their own electronic recording equipment in court as check on court recordings. There are cases where records have been altered.
4) End the diversion of legal proceedings into frivolous court ordered psychological "evaluations" of fit parents by requiring a previous jury conviction as a pre-requisite to any psychological "evaluations".
In sum, unless a parent is charged and convicted of a crime in criminal court, equal custody already exists for separated parents, just as in intact families, and must be enforced unless parents otherwise agree to unequal custody, but the default is always equal custody for fit, willing parents. Unfitness must be determined by a jury with the standard of proof as beyond a reasonable doubt, not by a single judge.
1) Equal Parenting for fit parents unless they agree otherwise: no parent deemed unfit except upon conviction before a jury of peers, no more unequal custody rulings by a single judge.
2) Trial by jury in all cases that involve the Fundamental, Constitutional right to be a parent, with standard of proof as beyond a reasonable doubt .
3) State-of-the-art electronic recording of all family court proceedings: Cameras and voice-to-text software to automate transcripts in all courtrooms and allowing parties to use their own electronic recording equipment in court as check on court recordings. There are cases where records have been altered.
4) End the diversion of legal proceedings into frivolous court ordered psychological "evaluations" of fit parents by requiring a previous jury conviction as a pre-requisite to any psychological "evaluations".
In sum, unless a parent is charged and convicted of a crime in criminal court, equal custody already exists for separated parents, just as in intact families, and must be enforced unless parents otherwise agree to unequal custody, but the default is always equal custody for fit, willing parents. Unfitness must be determined by a jury with the standard of proof as beyond a reasonable doubt, not by a single judge.
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