Grants Pass, OR asked in Family Law, Civil Rights and Child Custody for Oregon

Q: Parenting time case removal to Federal court ?

Custody case turned into parental alienation and deprivation of civil rights 42 USC 1983, section 1985 may exist as well.

Article III, §§ 1 and 2 of U.S. Constitution is the source for subject matter jurisdiction.

Article III §§ 2: “The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, between a state and Citizens of another state, between Citizens of different states, between Citizens of the same state, claiming lands under grants of different states, and between a state, or the Citizens thereof, and foreign states, Citizens or subjects.” (This last section is modified by Amendment XI)

28 USC 1331 and 28 USC 1332

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA

A: In situations where a custody case evolves into issues involving parental alienation and potential deprivation of civil rights under 42 USC 1983 or Section 1985, moving the case to federal court can be considered. Federal courts have jurisdiction over cases that involve federal questions, including violations of the U.S. Constitution or federal statutes, as outlined in Article III of the U.S. Constitution and further defined by statutes such as 28 USC 1331 (federal question jurisdiction) and 28 USC 1332 (diversity jurisdiction).

To have a case moved to federal court based on these grounds, it's necessary to demonstrate that the case involves a substantial federal question or meets the criteria for diversity jurisdiction. This often requires showing that the case involves a significant issue of federal law or a dispute between parties from different states with the amount in controversy exceeding a certain threshold. However, family law cases, including custody disputes, are typically governed by state law and handled in state courts, making the transfer of such cases to federal court rare and complex.

If you believe your case involves violations of federal law or your constitutional rights, consulting with a lawyer who has experience in both family law and federal civil rights litigation is crucial. They can evaluate the specifics of your case, advise on the possibility and advisability of seeking to move your case to federal court, and help navigate the complex legal requirements involved in such a transfer.

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