Florida Statute 61.13 covering divorce and child custody is unconstitutional on its face: see exactly where and how
Florida Statute 61.13 is unconstitutional on many fronts. The following is the complete text of the statute with specific sections highlighted and the author’s comments embedded inline in red text. The Florida legislators need to go to work and fix this statute so that it reflects the fact that parents have rights and that those rights are fundamental liberty interests protected by the First and Fourteenth Amendments to the U.S. Constitution. Our Constitution is the supreme law of our land and NO state may make any law that violates the protections afforded us in this document as interpreted by United States Supreme Court opinions. Children also have constitutional rights and this statute violates their rights as well when it allows a divorce court judge to arbitrarily take away their right to equal free association with each parent and the right to equally receive the moral, religious, and civic education that their parents provide through example on a daily basis.
There are additional statutes under the Florida Family Code that are equally unconstitutional. The shame doesn’t stop with just this section.
