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Will a "do not consent" form or affidavit of truth hold up in court in family court?

Lakewood, CO |

I've been told that constitutional law prohibits the government from interfering with personal matters (custody case). And that it is a violation of my natural and unalienable rights and that I do not have consent to the court taking jurisdiction over my personal family matters.

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Attorney answers 4


Can you clarify? What is a "do not consent" affidavit?

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


I don't understand either what you're referring to.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.


If you are referring to the group of people who call themselves "sovereign citizens" and believe they can simply "opt out" of various federal and state laws, then someone is selling you a bill of goods. If you take that approach, the case will move forward without your participation, and you will likely lose the ability to spend time with your children.

The 10th Amendment to U.S. Constitution leaves matters of family law, including child custody matters, to the states, because Congress was not empowered by Article I, Section 8, to legislate in those areas. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.


Sounds like you believe you can put an end to the courts jurisdiction over you by some act or affirmation. You cannot.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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