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Getting Your Case Into a Real (Federal) Court



The state Family and Probate Courts are a joke, kangaroo courts really that ignore most of the legal protections afforded any criminal, as it is a bench trial subject to the opinion, personal bias, agenda and background of a single person. Taking your case to the more professional (hopefully) federal courts can be done in certain cases as described below.

I have never heard of Federal Court handling a divorce case.  That is a state jurisdiction.  You can not remove the case to federal court - see I think its Rooker-Feldman doctrine.  A federal court similarly will not touch a state domestic case for child custody- there is no federal jurisdiction . However  if your federal rights are violated in reaching that judgment, you might have something to take to court. 

The domestic relations exception encompasses only cases involving the issuance of a divorce, alimony, or child custody decree, …We take this language to mean, plainly enough, that the domestic relations exception applies only where a plaintiff positively sues in federal court for divorce, alimony, or child custody. Catz v. Chalker, 142 F.3d 279 .  Rooker-Feldman: [a] federal court "may entertain a collateral attack on a state court judgment which is alleged to have been procured through fraud, deception, accident, or mistake . . . ." Resolute Insurance Co. v. State of North Carolina, 397 F.2d 586, 589 (4th Cir. 1968),  supra. Sun Valley, 801 F.2d at 189. See also Lewis v. East Feliciana Parish Sch. Bd., 820 F.2d 143, 146 (5th Cir. 1987) (due process challenge to state proceedings not barred by Feldman doctrine)    id..

More coming soon.

 Divorce is complicated and stressful. Counseling helps you to take on the financial issues rationally. But consider the financial decisions in terms of their long-term consequences.