Recently, I received an email concerning support for the federal Parental Rights Amendment.

This is House Joint Resolution 42 in the US Congress, sponsored by Congressman Pete Hoekstra of Michigan. The question concerned why support? the PRA since it does not have to do with divorce or child custody, which are traditional state matters under federal law.

In my response I stated: "Divorce and child custody are state matters once parents "invite" the state in during divorce proceedings. A federal parents rights amendment (PRA) would place a parents right to control "the best interest of the child" over the states'. Custody would be a civil right. It might also force states to recognize childrens' rights to have both of his parent's in their lives under the 14th Amendment.

Supreme Court ruling have already done so, (see Parental Rights and Due Process) yet the states continue to ignore SCOTUS rulings because of the massive federal funding to support child care enforcement. A PRA would force the federal judiciary into the family court business, entitling parents to jury trials, since a PRA would make parental rights a constitutional right.

In due course, the Rooker-Feldman doctrine would be moot, as other "domestic-relations" hindrances to parents rights over the state "interest in the child."

At the very minimum, jury trials for civil rights matters at the federal level would become a routine matter, and place the burden of proof for "domestic violence" and "false allegations" to a higher federal level of "clear and convincing" evidence.

Certainly, throwing men and women in jail for not paying "child support" would come to an end, since criminal due process procedures would be forced upon the states by federal case law. You don't throw debtors in jail for bankruptcy, why child support?

You might even see states complying with the a Federal court decision in In re Barry, 42 F. 113 (1844) in which family courts become courts of common law and not just courts of equity in which either a plaintiff or respondent has the right to request a jury trial with criminal procedures in place certainly for "domestic violence" or "false allegations." The federal case In re Barry, 42 F. 113 (1844) was upheld by SCOTUS in Barry v. Mercein, 46 US 103 (1847) and In re Burrus, 136 US 586 (1890) making domestic relations cases under common law jurisdiction.

What do you think?