"You Have the Right to Remain Silent—Yes, Even in Family Court"

Most people think Miranda Rights only apply when you're arrested and thrown into a cop car. You know the line: "You have the right to remain silent. Anything you say can and will be used against you..." But what if I told you that these same fundamental protections matter just as much in a place most people don’t associate with criminal risk: family court?

Yep. The court that’s supposedly about “the best interests of the child” can, in practice, be a pressure cooker that threatens your liberty, your finances, and your future—often without any of the constitutional safeguards you'd expect in a criminal case.

Here's the truth: family court is a civil proceeding that can easily slide into criminal consequences.

Take this scenario: you're dragged into family court over child support, and the judge demands a full disclosure of your finances. If you hesitate or push back, you’re threatened with contempt, income imputation, or worse—jail time. Sounds a lot like criminal punishment, doesn’t it?

So how do you protect yourself?

Let’s look at two key U.S. Supreme Court cases that matter more than most people realize:

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Miranda v. Arizona, 384 U.S. 436 (1966)

This landmark case established that criminal suspects must be informed of their constitutional rights—like the right to remain silent and the right to an attorney—before being interrogated.

While Miranda typically applies to custodial interrogations, the spirit of the ruling reminds us: you don’t have to answer questions that may incriminate you. And when you’re in family court being grilled about finances that could result in jail time for unpaid support or lead to IRS scrutiny? You better believe there’s a risk of self-incrimination.

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Kastigar v. United States, 406 U.S. 441 (1972)

This case affirmed that the Fifth Amendment privilege against self-incrimination applies across the board—civil or criminal, administrative or judicial, investigatory or adjudicatory. You don’t lose your right to remain silent just because you're in family court.

The Court was crystal clear: "The privilege can be asserted in any proceeding... and it protects against any disclosures that the witness reasonably believes could be used in a criminal prosecution or could lead to other evidence that might be so used."

So yes—if you’re being asked questions in family court about finances, assets, or anything that could lead to support enforcement, tax issues, or jail time for contempt? You absolutely can assert your Fifth Amendment rights.

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What to Say in Court (Without Getting Steamrolled)

If you're ever in the hot seat in family court and a judge demands financial disclosures that feel dangerous or unclear, here's an example of what you can say:

“Your Honor, I respectfully decline to answer questions about my finances under the Fifth Amendment, because I cannot determine whether my responses may lead to criminal exposure, tax liability, or other legal consequences that could harm me in future proceedings.”

And if the judge threatens to impute income, you respond:

“Judge, imputing income to me may create false financial obligations that I cannot meet, which could expose me to criminal penalties or tax liability. I cannot be forced into a legal position that may make me criminally or financially liable for income I do not actually earn. That would make the court complicit in coercing a false record and aiding in a potentially criminal act.”

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Why This Matters More Than Ever

Family court has become a pressure system for extracting money, not resolving family disputes fairly. When courts force people to incriminate themselves—without legal representation, without Miranda-style warnings, and without due process—it’s not just unjust. It’s unconstitutional.

This is why knowing your rights matters, and why we must educate every parent walking into a courtroom designed to confuse, intimidate, and extract. The courtroom may be civil in name, but the consequences can be life-altering—just like a criminal conviction.

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Final Thoughts:

Don’t let the robe fool you. Judges may act like kings in the courtroom, but they are bound by the Constitution. And if they violate that? You have every right to stand up and protect yourself.

Stay informed. Stay grounded. And above all—don’t let them bully you out of your rights.

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If this article resonated with you, please share it. Let’s keep uncovering the systems that profit off our families and calling for change that centers justice.

Michael Phillips is the founder of the REBUILT Justice Project, a journalist, father, and advocate for family court reform. For more articles and advocacy resources, visit Father & Co. on Substack.

Special thanks to Bruce Eden whose research, caselaw review, and personal insight into the financialization of family law helped shape the foundation of this article. Your work continues to educate and inspire those fighting for transparency and reform. Bruce is the Director of Dads Against Discrimination (DADS)--NJ & NY.