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(4a) Motion To Challenge Custody Rights
(4a) Motion To Challenge Custody Rights
2 Your address
[City, ST ZIP Code]
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5 [COURT NAME]
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[PLAINTIFF'S NAME], Case No.: [Number]
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Plaintiff,
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NOTICE OF MOTION
10 vs.
COURT IS SANCTIONED AND
11 LIMITED BY A WRITTEN
[DEFENDANT'S NAME],
CONSTITUTION AND SUPREME
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Defendant COURT ADJUDICATED FACT
13 TROXEL V GRANVILLE 530 US 57
(2000) AND THEREBY THIS
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COURT DOES NOT HAVE THE
15 AUTHORITY TO DENY A
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FATHER OF HIS FUNDAMENTAL
RIGHT TO CARE, CUSTODY AND
17 CONTROL OF HIS OFFSPRING
18 AND MUST ENSURE 50/50
CUSTODY RIGHTS TO THE
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DEFENDANT/FATHER
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22 NOTICE OF MOTION
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NOTICE OF MOTION COURT IS SANCTIONED AND LIMITED BY A WRITTEN CONSTITUTION
AND SUPREME COURT ADJUDICATED FACT TROXEL V GRANVILLE 530 US 57 (2000) AND
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THEREBY THIS COURT DOES NOT HAVE THE AUTHORITY TO DENY A FATHER OF HIS
FUNDAMENTAL RIGHT TO CARE, CUSTODY AND CONTROL OF HIS OFFSPRING AND MUST
ENSURE 50/50 CUSTODY RIGHTS TO THE DEFENDANT/FATHER -
1 COURT IS SANCTIONED AND LIMITED BY A WRITTEN
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CONSTITUTION AND SUPREME COURT ADJUDICATED FACT
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FUNDAMENTAL RIGHT TO CARE, CUSTODY AND CONTROL OF HIS
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16 presenting a written motion notifying the state court that it is sanctioned and
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limited by a written state constitution.
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Furthermore, this state court is sanctioned and limited by the
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adjudicated fact Troxel v. Granville, 530 US 57 - Supreme Court 20001 and
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"[T] he interest of parents in the care, custody, and control of their children—is perhaps the
24 oldest of the fundamental liberty interests recognized by [the Supreme Court.]" Keates v. Koile, 883 F.3d 1228,
1235-36 (9th Cir. 2018) (quoting Troxel v. Granville, 530 U.S. 57, 65 (2000) (plurality opinion)).
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NOTICE OF MOTION COURT IS SANCTIONED AND LIMITED BY A WRITTEN CONSTITUTION
AND SUPREME COURT ADJUDICATED FACT TROXEL V GRANVILLE 530 US 57 (2000) AND
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THEREBY THIS COURT DOES NOT HAVE THE AUTHORITY TO DENY A FATHER OF HIS
FUNDAMENTAL RIGHT TO CARE, CUSTODY AND CONTROL OF HIS OFFSPRING AND MUST
ENSURE 50/50 CUSTODY RIGHTS TO THE DEFENDANT/FATHER -
1 thereby this state court is sanctioned from entering an order that causes
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interference with parents' fundamental liberty interest in the care, custody, and
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4 management of their children. challenging the court and thereby the state court is
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prohibited under due process of law to rely upon any presumptions.
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It is a fact the defendant/Father [Type in your name and address and
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9 then delete brackets] is a living Man with blood flowing through his body and is a
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citizen of the state,2 that in the ordinary sense of the Constitution, is a political
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community of free citizens, occupying a territory of defined boundaries, and
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16 the jurisdiction of the Court to deny the defendant/father the care, custody, and
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control of his offspring.
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STATEMENT OF FACTS
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“In the Constitution the term state most frequently expresses the combined idea just noticed, of
23 people, territory, and government. A state, in the ordinary sense of the Constitution, is a political community of free
citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited
24 by a written constitution, and established by the consent of the governed.” Texas v. White, 74 US 700 - Supreme
Court 1869
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NOTICE OF MOTION COURT IS SANCTIONED AND LIMITED BY A WRITTEN CONSTITUTION
AND SUPREME COURT ADJUDICATED FACT TROXEL V GRANVILLE 530 US 57 (2000) AND
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THEREBY THIS COURT DOES NOT HAVE THE AUTHORITY TO DENY A FATHER OF HIS
FUNDAMENTAL RIGHT TO CARE, CUSTODY AND CONTROL OF HIS OFFSPRING AND MUST
ENSURE 50/50 CUSTODY RIGHTS TO THE DEFENDANT/FATHER -
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1. The offspring are equally the property of the Defendant/Father and the
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4 natural mother and therefore the father must have 50/50 custody and
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property rights cannot be deprived unless by due process.
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2. It may not sound natural to refer to offspring as property, but it is a fact the
8 offspring are the property of the father and the mother and thereby they must
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share 50/50 custody and this right to property cannot be deprived unless by
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“Person” Defined by 42 USC Section 1301(a)(3) The term “person” means an individual, a
22 trust or estate, a partnership, or a corporation.
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“person” means an individual, a trust or estate, a partnership, or a corporation. Defined by 42
24 USC Section 653
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NOTICE OF MOTION COURT IS SANCTIONED AND LIMITED BY A WRITTEN CONSTITUTION
AND SUPREME COURT ADJUDICATED FACT TROXEL V GRANVILLE 530 US 57 (2000) AND
26
THEREBY THIS COURT DOES NOT HAVE THE AUTHORITY TO DENY A FATHER OF HIS
FUNDAMENTAL RIGHT TO CARE, CUSTODY AND CONTROL OF HIS OFFSPRING AND MUST
ENSURE 50/50 CUSTODY RIGHTS TO THE DEFENDANT/FATHER -
1 4. The undersigned Defendant/Father’s unalienable rights are secured by a
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written constitution [Type in your state constitution] that requires the court
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constitutional rights.
13 allowing the court to assign custody rights and visitation rights without due
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process in accordance with state constitution and 5th and 14th amendments,
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16 because this is the only lawful way the court can assign custody and
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visitation rights against the Defendant/Father’s wishes.
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6. It is the duty of the court to be watchful for the constitutional rights of the
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citizen, and against any stealthy encroachments thereon and must provide
22 equal protection of law and ensure the Defendant/Father’s due process rights
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against the deprivation of life, liberty, and property is maintained.
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5
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NOTICE OF MOTION COURT IS SANCTIONED AND LIMITED BY A WRITTEN CONSTITUTION
AND SUPREME COURT ADJUDICATED FACT TROXEL V GRANVILLE 530 US 57 (2000) AND
26
THEREBY THIS COURT DOES NOT HAVE THE AUTHORITY TO DENY A FATHER OF HIS
FUNDAMENTAL RIGHT TO CARE, CUSTODY AND CONTROL OF HIS OFFSPRING AND MUST
ENSURE 50/50 CUSTODY RIGHTS TO THE DEFENDANT/FATHER -
1 7. It is a fact persons not judges (Judge Surrogates) coram non judice,5 are
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without judicial authority and therefore cannot yield a judgment causing the
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6 RELIEF
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1. Relief is required by this state court be watchful for the constitutional rights
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9 of the citizen, and against any stealthy encroachments thereon6 and therefore
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must ensure the Movant/Defendant/Father retains his constitutional right to
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50/50 custody of his offspring.
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13 2. Relief is required by this state court to prevent any state agency or state
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court from interfering with the Movant/Defendant/Father’s constitutional
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“Traditionally that proposition was embodied in the phrase coram non judice, "before a person
21 not a judge" — meaning, in effect, that the proceeding in question was not a judicial proceeding because lawful
judicial authority was not present, and could therefore not yield a judgment. American courts invalidated, or denied
22 recognition to, judgments that violated this common-law principle long before the Fourteenth Amendment was
adopted” Burnham v. Superior Court of Cal., County of Marin, 495 US 604 - Supreme Court 1990
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24 “It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any
stealthy encroachments thereon” Byars v. United States, 273 U.S. 28 (1927)
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NOTICE OF MOTION COURT IS SANCTIONED AND LIMITED BY A WRITTEN CONSTITUTION
AND SUPREME COURT ADJUDICATED FACT TROXEL V GRANVILLE 530 US 57 (2000) AND
26
THEREBY THIS COURT DOES NOT HAVE THE AUTHORITY TO DENY A FATHER OF HIS
FUNDAMENTAL RIGHT TO CARE, CUSTODY AND CONTROL OF HIS OFFSPRING AND MUST
ENSURE 50/50 CUSTODY RIGHTS TO THE DEFENDANT/FATHER -
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Dated this [day] of [Month], [year].
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6 Your Name
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NOTICE OF MOTION COURT IS SANCTIONED AND LIMITED BY A WRITTEN CONSTITUTION
AND SUPREME COURT ADJUDICATED FACT TROXEL V GRANVILLE 530 US 57 (2000) AND
26
THEREBY THIS COURT DOES NOT HAVE THE AUTHORITY TO DENY A FATHER OF HIS
FUNDAMENTAL RIGHT TO CARE, CUSTODY AND CONTROL OF HIS OFFSPRING AND MUST
ENSURE 50/50 CUSTODY RIGHTS TO THE DEFENDANT/FATHER -