If the System Is Broken, Why Aren’t the Attorneys Fixing It?
- 15 hours ago
- 4 min read
Right now, too often, family court outcomes fail to prioritize child protection the way the law intends.
That must change.
This article lays out one path forward.
Who’s ready to step up?
Family court reform conversations usually focus on judges.
Sometimes on guardians ad litem.
Sometimes on social services.
But there’s another group that rarely gets examined in this discussion:
Family court attorneys.
This is not about attacking individuals. It is about examining incentives.
Because incentives drive systems.
And right now, the incentive structure in family court appears misaligned with what families and children actually need.
The Current Model: District-Level Litigation That Exhausts Families
In most family court cases, the structure looks like this:
• Motion
• Response
• Hearing
• Temporary order
• Review
• More motions
• Evaluations
• More hearings
Months turn into years.
Families pay thousands — sometimes tens of thousands — of dollars, or more.
And at the end of it, very little changes structurally.
Even when statutory language is ignored.
Even when constitutional protections are implicated.
Even when systemic problems are obvious.
Most cases remain trapped at the district court level.
And the longer they stay there, the more families pay.
The Oath Attorneys Take
Every licensed attorney takes an oath to uphold:
• The Constitution
• The laws of the state
• Ethical standards of the profession
That oath does not end at the trial court.
If statutes are being misapplied, if constitutional parental rights are being infringed, if structural violations are recurring — those issues do not correct themselves through routine motion practice.
They are corrected through appellate review.
Through precedent.
Through civil rights litigation when appropriate.
The Real Obstacle: Cost
Here’s the truth most families understand firsthand:
By the time an appeal is warranted, they are financially exhausted.
They cannot afford:
• Appellate litigation
• Constitutional challenges
• Civil rights actions
So the system depends on that exhaustion.
If no one can afford to challenge structural violations, those violations remain intact.
But Is Higher-Level Litigation Financially Impossible?
No.
There are established legal mechanisms that make systemic litigation viable:
• Contingency fee arrangements
• Fee-shifting statutes (where prevailing parties recover attorney’s fees)
• Civil rights damage provisions
• Institutional liability frameworks
When constitutional violations are proven, courts can award attorney’s fees.
When civil rights claims succeed, damage awards and fee recovery can exceed what is earned through fragmented district-level disputes.
One successful constitutional challenge can reshape dozens of future cases.
One appellate reversal can send a clear message to every lower court.
From a purely professional standpoint, building a practice around defending constitutional parental rights at higher levels is not only ethically sound — it can be economically sustainable.
So Here’s the Question
If an attorney is already handling a case where:
• The violations are clear
• The statutory language is clear
• The constitutional protections are clear
And they know escalation is warranted —
Why not take the next step?
Why not structure the case with fee-shifting in mind?
Why not pursue relief at the appellate or civil rights level where attorney’s fees and damages are legally recoverable?
That model does more than help one exhausted family. It shifts the cost burden away from parents and onto the institutions responsible for the violations.
Instead of draining clients into prolonged district-level disputes with limited structural impact, attorneys could:
• Seek correction at higher levels
• Establish precedent
• Recover fees through lawful mechanisms
• Build sustainable practices around meaningful reform
Helping a family win a structural case does more for that client — and for future families — than years of procedural skirmishes.
If the violations are visible, and the legal mechanisms exist, then choosing not to escalate is a decision.
And decisions shape systems.
Reform will not come from families being financially exhausted.
It will come when attorneys align their ethical obligations, their professional strategy, and the available legal mechanisms to challenge systemic failure where it actually changes the law.
The Hard Question
If attorneys see recurring violations and choose not to challenge them beyond the district level — that is a choice.
And choices sustain systems.
Families are told to fight for their children.
Maybe it’s time more attorneys fight for the Constitution.
Real reform will not come from more motions at the bottom.
It will come when someone is willing to take the fight higher.
If this resonates with you, share it.
If you’re an attorney reading this, consider it an invitation — not an attack.
And if you’re a parent stuck in the system, know this:
The law already protects you.
The question is whether the system is willing to enforce it.
Still here.
Ryan Alvar
🔁 Join the Fight for Reform
I have filed a federal civil rights lawsuit challenging systemic misconduct by judges, attorneys, and state agencies that has stripped parents of their rights and traumatized countless children.
With 27 defendants, including the State of Minnesota, this case seeks accountability — and reform.
Join me in taking this mission national.
How You Can Help:
✅ Sign the Petition: Urge DOJ to investigate family-court violations
✅ Subscribe: Stay updated — Contact
✅ Visit: www.ryanalvar.com
✅ Support the Fight: GoFundMe – Help Cover Legal Costs & Reform Efforts
✅ Follow & Share: Real Dad Initiative
✅ Contact Your Legislators: Demand oversight for Judges, GALs and transparency in family court.
Family-court reform won’t happen unless lawmakers hear directly from the people.
If what you’ve read here troubles you, don’t stop at signing the petition—call and email your state legislators. Tell them that what has happened in this case—and in so many others—proves we need oversight for judges and guardians ad litem, uniform due-process protections, and full transparency in family courts.
📬 Not sure who represents you?
💬 Not sure what to say?
I made it easy.
👉 Start here: 🔗 Legislation
Across the country, I’ve heard from parents who’ve lost everything—many haven’t seen their children in years. When the system designed to protect families becomes the weapon that destroys them, it’s time for change. We must fix this broken family court system. Until that day, I’ll keep fighting—for our children, for truth, and for justice.
"590 days since my children were kidnapped. This isn't over."
Ryan William Alvar
Parent and Plaintiff
