Austin Apexmale
New Member
Prior to pre-trial, I have the following questions about the lower level state courts.
1. Am I entitled to a determination of what process is "due" under federal due process law?
2. Does Article VI of the United States Constitution , and, specifically, the Supremacy Clause of that article apply to the state court, to the presiding judge of the state court, and to all proceedings in the case?
3. Is the state court and the presiding judge of the state court a state actor being asked to take state action under color of the state's family code and will the orders of the court be enforced through the use of state power or state authority?
4. Am I entitled to an adjudication of my substantive rights or does the court consider my substantive rights to be waived, neutralized, or non-existent such that my procedural right to an adjudication of my substantive rights becomes non-existent in custody cases?
5. Am I entitled to Constitutional protections for my substantive rights in these proceedings and if so, which specific substantive rights are at issue in these proceedings?
6. Is the Court authorized to issue advisory opinions?
7. Am I entitled to US Fourth and Fourteenth Amendment protections where the state court seizes my cash property to pay child support or pay another party?
8. Am I entitled to Fourth Amendment protections from open ended, exploratory searches and seizures where the state court may order Discovery, psychological studies, family studies, home studies, evaluations, etc.?
9. Is the state court authorized to censor my speech and association or my child's speech and association, and if it is, what is the source of the state court's authority to censor speech in these cases?
10. Are state courts authorized to compel me to pay for the speech of the other parent for which I strongly disagree, and if so, what is the source of the state court's authority to compel me?
11. Do the rules of civil procedure, due process, and standing apply differently to me as a civil litigant under family law than they apply to other civil litigants in other types of cases?
12. Am I entitled to a neutral and impartial decision maker in these custody suits?
13. Am I required to waive my federal constitutional rights to gain access to the state court under family law?
14. Does my child have substantive rights that are concomitant to my substantive rights and is my child entitled to constitutional protections for those rights in these court proceedings?
15. Does the state's "child's best interest" policy decision supercede a constitutional mandate?
Fit parent.
1. Am I entitled to a determination of what process is "due" under federal due process law?
2. Does Article VI of the United States Constitution , and, specifically, the Supremacy Clause of that article apply to the state court, to the presiding judge of the state court, and to all proceedings in the case?
3. Is the state court and the presiding judge of the state court a state actor being asked to take state action under color of the state's family code and will the orders of the court be enforced through the use of state power or state authority?
4. Am I entitled to an adjudication of my substantive rights or does the court consider my substantive rights to be waived, neutralized, or non-existent such that my procedural right to an adjudication of my substantive rights becomes non-existent in custody cases?
5. Am I entitled to Constitutional protections for my substantive rights in these proceedings and if so, which specific substantive rights are at issue in these proceedings?
6. Is the Court authorized to issue advisory opinions?
7. Am I entitled to US Fourth and Fourteenth Amendment protections where the state court seizes my cash property to pay child support or pay another party?
8. Am I entitled to Fourth Amendment protections from open ended, exploratory searches and seizures where the state court may order Discovery, psychological studies, family studies, home studies, evaluations, etc.?
9. Is the state court authorized to censor my speech and association or my child's speech and association, and if it is, what is the source of the state court's authority to censor speech in these cases?
10. Are state courts authorized to compel me to pay for the speech of the other parent for which I strongly disagree, and if so, what is the source of the state court's authority to compel me?
11. Do the rules of civil procedure, due process, and standing apply differently to me as a civil litigant under family law than they apply to other civil litigants in other types of cases?
12. Am I entitled to a neutral and impartial decision maker in these custody suits?
13. Am I required to waive my federal constitutional rights to gain access to the state court under family law?
14. Does my child have substantive rights that are concomitant to my substantive rights and is my child entitled to constitutional protections for those rights in these court proceedings?
15. Does the state's "child's best interest" policy decision supercede a constitutional mandate?
Fit parent.
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