Recent content by Austin Apexmale

  1. Austin Apexmale

    Petition to Reinstate Case on Docket

    I won my 50/50 case, and both parents are independantly responsible for their own finances. Additionally, applying some of those questions in a Declaratory Judgment hearing changed the path of custody litigation entirely. Now I teach other pro se parents how to overcome local court circles...
  2. Austin Apexmale

    Petition to Reinstate Case on Docket

    Can a "Petition to Reinstate Case on Docket" be used by a respondant where a Petitioner "Non-suits" their petition to modify? Or is the "Petition to Reinstate Case on Docket" exclusive to cases where a judge signs an order to dismiss for want of prosecution? Texas Fit Parent
  3. Austin Apexmale

    Fundamental Rights (Texas)

    In Texas, where no prior court orders exist, per state statutes, married parents have equal access to their children and children have equal rights to their parents regardless of whether they are married, later divorce, or choose to never marry. Section. 160.202. NO DISCRIMINATION BASED ON...
  4. Austin Apexmale

    Fundamental Rights (Texas)

    The Texas family code allows modification petitions every 365 days. Final orders are NOT final orders. Fit Parent
  5. Austin Apexmale

    Fundamental Rights (Texas)

    What I found on the "best interest" doctrine is the US Supreme Court immigration case titled Sessions v. Dimaya. Specifically on April 17, 2018, Justice Gorsuch held the statute in question violated the Due Process Clause of the US Constitution because it did not give parties fair notice of what...
  6. Austin Apexmale

    Fundamental Rights (Texas)

    I did appeal. The state appellate circuit court affirmed and stated the lower court has broad judicial discretion under the "best interest" doctrine. Hence the legal confusion. Fit Parent
  7. Austin Apexmale

    Fundamental Rights (Texas)

    Can you simply move on to a thread if you do not benefit from this one? Thank you sir. Fit Parent
  8. Austin Apexmale

    Fundamental Rights (Texas)

    Thank you. The discussion is not about whether I am a good parent. The education I receieve here, as well as in many other areas, is education that we as parents pass on to our children. Fit Parent
  9. Austin Apexmale

    Fundamental Rights (Texas)

    For clarification, the first presiding judge during a temporary orders hearing stated we do not have equal rights. That the family code does not think 50/50 timesharing is a good idea and that females are mostly the custodial parents in our society (yes, I secured the transcripts). Absent...
  10. Austin Apexmale

    Fundamental Rights (Texas)

    Has there been any indication that I am not a good parent or that I cannot co-parent? I currently have 50/50, co-parent very well over a 6 yr old boy. I've worked as a first responder for over 26 years and have served as a Chief Steward in a labor union for 21 years. No history of family...
  11. Austin Apexmale

    Fundamental Rights (Texas)

    Great questions! I should have been thorough in my OP. Thanks. 1. In reading caselaw, minor children have Constitutional Rights as well. In order to minimize a civil right, or fundamental right such as free speech and association, is a litigant entitled to ask the court on record whether both...
  12. Austin Apexmale

    Fundamental Rights (Texas)

    After a good conversation with adjusterjack and some further clarification, the thread was reopened and I'd first like to extend a big Thank You for that. I will be as descriptive as possible on every issue and I WILL omit my personal opinion on the subject matter as I am only here for...
  13. Austin Apexmale

    Fundamental Rights (Texas)

    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...
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