Stress During Divorce

NEW STUDY ~ Children fare better when they spend time living with both of their parents.

This Divorce Arrangement Stresses Kids Out Most | TIME681ee-shared2bparenting2btrain2b-2b20155

Regarding the well-being of kids with divorced parents, the debate over what kind of custody arrangement is best rages on. But a new study, published Monday in the Journal of Epidemiology & Community Health,suggests that children fare better when they spend time living with both of their parents.

That goes against some current thinking that kids in shared-custody situations are exposed to more stress due to constantly moving around and the social upheaval that can come along with that. “Child experts and people in general assumed that these children should be more stressed,” says study author Malin Bergström, PhD, researcher at the Centre for Health Equity Studies in Stockholm, Sweden. “But this study opposes a major concern that this should not be good for children.”

The researchers wanted to see if kids who lived part time with both parents were more stressed than those who lived with just one parent. They looked at national data from almost 150,000 12- and 15-year-old students—each in either 6th grade or 9th grade—and studied their psychosomatic health problems, including sleep problems, difficulty concentrating, loss of appetite, headaches, stomachaches and feeling tense, sad or dizzy. They found that 69% of them lived in nuclear families, while 19% spent time living with both parents and about 13% lived with only one parent.

Kids in nuclear families reported the fewest psychosomatic problems, but the more interesting finding was that students who lived with both of their separated parents reported significantly fewer problems than kids who lived with only one parent.

“We think that having everyday contact with both parents seems to be more important, in terms of stress, than living in two different homes,” says Bergström. “It may be difficult to keep up on engaged parenting if you only see your child every second weekend.”

Having two parents also tends to double the number of resources a kid is exposed to, including social circles, family and material goods like money.

“Only having access to half of that may make children more vulnerable or stressed than having it from both parents, even though they don’t live together,” she says.

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Lawsuit For False Domestic Violence Accusations?

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False allegations of abuse is a crime - 2016

A false accusation is where an unfounded or unsubstantiated allegation is made against a person. A false allegation can occur as the result of intentional lying on the part of the accuser; or unintentionally or resulting from deliberate or accidental suggestive questioning, or faulty interviewing techniques.

The accusations can be broken down in three categories:
-An allegation about alleged events that did not occur;
-An allegation that describes events that did occur, but were perpetrated by an individual who is not accused, and in which the accused person is innocent.
-An allegation that is  partly false but the person’s account of the facts implicated the accused person wrong.
-The biggest effect that a false accusation has is on a person’s character whereby the accusations made defame a person’s reputation. False accusations may be made by the police or any other person.False Police reports in Family Court - 2015

Can I sue for false Accusations? YES

You can sue for false accusations made by a person or the police. The effect of false accusations affects a person’s reputation because they are either falsely accused of a crime or falsely accused of act that did not take place.

Common types of false allegations involves sexual abuse, child abuse, domestic violence claims, or the commission of any crime. A person can sue under the tort of defamation which may either be in the form of slander, libel or defamation of character. Slander is untrue words spoken orally with the purpose of harming an individual reputation. It must be proven that the individual made the statements maliciously to harm the reputation of a person for their own personal reasons. While libel is where statements are printed that falsely depicts individual in a certain way that ruin their reputation. To prove libel it has to be shown that the printed allegations were not only insulting and offensive but it was it malice. Defamation of character concerns the act of making false statements about a person which blemishes or tarnishes his/her reputation. Defamation of character can either be libel or slander.

False accusation is considered to be defamatory per se category where of false statements are so innately harmful. Traditionally, damages for such false statements are presumed and do not have to be proven. This shows the serious damaging effects that false accusations may have on an individual’s reputation. An example of this is where someone accuses you falsely of rape. It is common knowledge that being accused of rape tarnishes a person’s reputation. A person is awarded damages for false accusations when a defamation claim is brought against them.

Can I sue a person for False Accusations? YES

Where someone is falsely accusing you of acts that did not take place or actions which did transpired but you are falsely being accused you can sue them. First it is always best and cheaper to demand the person to cease and desist or to make a public apology. However, because of the nature of the allegations that were made you probably want vindication by the court to state that the person was malicious and vindictive or they did not have probable cause to allege that you did such an act.

Additionally, you may have suffered mental distress as a result of the false statements as such compensation is needed. Compensation is awarded in cases of false accusations to recompense the person for damage to reputation and any anxiety caused by it.

Falsely accusing someone for acts which may or may not be criminal can seriously damage a person’s reputation. Therefore, you can sue anyone who was responsible for making the false accusations. These persons can include police officers where they act without probable cause or anyone acts with malicious intent. The issue of false allegation in the criminal sphere is so serious that proof of loss  does not have to be shown by the victim before they can receive damages.

Written by Janique Williams

false-accusersvia Can I Sue For False Accusations? | Falsely Accused51933-policethepolice

Stop Out of State Relocation of Children by Custodial Parent

 

Preventing Out of State Relocation of Children by Custodial Parent | Fathers Rights Dallas

I am dad - 2015Mom and Dad are divorcing or have been divorced and are now sharing joint custody of their children in the same city in Texas.  One parent receives a letter from the other parent’s attorney requesting that this parent be allowed to relocate the children to another state so he/she may take a better job position with another company!  This is a dilemma no parent ever wants to experience!  Child Custody cases involving interstate relocation jurisdiction issues cause much heartache and are costly legal battles.

What can a Parent do to protect themselves from children being relocated away from the non-moving parent to another state without her/his consent?   How may this affect the parent’s relationship with the children?

The Texas Family Code 153.002 Best Interest of Child states “The best interest of the child shall always be the primary consideration of the court in determining the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”

The Texas Family code does not elaborate on the specific requirement for modification in the residency-restriction context, and there are no specific statutes governing residency restrictions or their removal for purposes of relocation. Texas Courts have no statutory standards to apply to this context.

The Texas Legislature has provided Texas Family Code 153.001, a basic framework on their public policy for all suits affecting the parent-child relationship:

  1. The public policy of this state is to:

  1. Assure the children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child;

  2. Provide a safe, stable, and nonviolent environment for the child;

  3. Encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.

How does The State of Texas treat an initial Child Custody determination?

Texas Family Code 152.201 of the UCCJEA states, among other things, that a court may rule on custody issues if the Child:

*Has continually lived in that state for 6 months or longer and Texas was the home state of the child within six months before the commencement of the legal proceeding.

*Was living in the state before being wrongfully abducted elsewhere by a parent seeking custody in another state. One parent continues to live in Texas.

*Has an established relationship with people (family, relatives or teachers), ties, and attachments in the state

*Has been abandoned in an emergency: or is safe in the current state, but could be in danger of neglect or abuse in the home state

Relocation is a child custody situation which will turn on the individual facts of the specific case, so that each case is tried on its own merits.

Most child custody relocation cases tried in Texas follow a predictable course:

  1. Allowing or not allowing the move.

  2. Order of psychological evaluations or social studies of family members

  3. Modification of custody and adjusting of child’s time spent with parents

  4. Adjusting child support

  5. Order of mediation to settle dispute

  6. Allocating transportation costs

  7. Order opposing parties to provide all information on child’s addresses and telephone #

Help to Prevent Your Child’s Relocation in a Texas Court by Preparing Your Case!  

  1. Does the intended relocation interfere with the visitation rights of the non- moving parent?

  2. The effect on visitation and communication with the non-moving parent to maintain a full and continuous relationship with the child

  3. How will this move affect extended family relationships living in the child’s current location?

  4. Are there bad faith motives evident in the relocating parent?

  5. Can the non-moving parent relocate to be close to the child? If not, what type of separation hardship would the child have?

  6. The relocating parent’s desire to accommodate a new job, spouse, or other criteria above the parent-child relationship. A Parent’s personal desire for move rather than need to move?

  7. Is there a significant degree of economic, emotional or education enhancement for the relocating parent and child in this move?

  8. Any violation of an order or prior notice of the intended move or a temporary restraining order

  9. Are Special Needs/ Talents accommodated for the child in this move?

  10. Fear of child and high cost of travel expenses for non-moving parent or child to visit each other to be able to continue parent- child relationship.

  11. What other Paramount Concerns would affect the child concerning the relocation from the non-moving parent?

At the Nacol Law Firm PC, we represent many parents trying to prevent their child from relocating to another city or state and having to experience “A Long Distance Parental Relationship” brought on by a better job or new life experience of the relocating parent! We work at persuading courts to apply the specific, narrow exceptions to these general rules in order to have child custody cases heard in the most convenient forum in which the most qualifying, honest evidence is available; cases where the child’s home state or other basic questions are clarified, and cases where a parent has the right in close proximity with their child regardless of other less important factors.

PARENTING

Source: Preventing Out of State Relocation of Children by Custodial Parent | Fathers Rights Dallas

IT’S YOUR WORD AGAINST THEIRS 

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in Entry #5, we talked about the Tipping Point and how the most powerful thing that we can all do to stamp out family legal abuse, even if you’re where I was a year ago, homeless and living with your kids in a car, is to spread, spread, spread the word and organize, organize, organize.

However, in the past, you may have been trying to have an intelligent conversation with someone about family rights when they say something truly asinine, such as:

“Well, someone has to pay for all those deadbeats.”

Say, what? What does something that happened in someone else’s family situation, in someone else’s life, have to do with me? Even if there are millions of authentic deadbeats out there (and, there’s not, but even if there were), that’s not a justification to indenture me and kidnap my children.

If you try to ask what “all those deadbeats” have to do with you and your children, the ignoramus will probably spout some pseudo-intellectual claptrap, replete with circumlocution, about how the status quo (i.e. family legal abuse) somehow works out to the betterment of society in the big scheme.

This is just one of the many ignorant things that you probably have encountered while trying to get through to people. Well, for all their pseudo-intellectual attempts at philosophical fencing, there are two things you have going for you that cannot be overcome with fancy words and a smug attitude, two things that absolutely grind any opposition to a halt. These two things simply cannot be argued with. They can, of course, be denied, but that’s different. They cannot be argued with.American Fathers - 2015

One of these things was covered in Entries #3 and #4, Our Rights as Parents (Parts I and II). Our rights, of course, can not be debated. They are self-evident. Check out Entries #3 and #4 if you haven’t already.

The second thing is your testimony.

What’s your testimony? It’s what you and your children have lived. It can’t be debated. YouLIVED it! It can be denied. You can be called a liar, but you can’t be debated. You LIVEDit!

So, when I tell people about living in a car, homeless, as a single parent family of four, in spite of having a full-time job because so-called “child support” did not leave us with enough money to pay rent. When I talk about crying as a grown man while I put my children’s beloved toys in a dumpster as we downsized our worldly belongings so that we could fit them into a car instead of an apartment, that’s my family’s testimony. We lived it.

When I talk about sitting on my then-5-year-old’s bed at 3:30am watching him try to sleep as he practically coughed up a lung, knowing that so-called “child support” had made my bank account negative so that I couldn’t even go to the store to get him cough syrup, it’s my testimony. All I could do was wonder if he was really serious enough to take to an emergency room, knowing that if I did, that would cause ANOTHER financial crisis.

No one can debate these things. They are testimony. They were lived, and that’s powerful!

I have even given my testimony to so-called “child support” workers over the phone when I have had occasion to have to communicate with them. Once, one of them even said she was “sorry my family had to go through that”. Yes! It really happened ladies and gentlemen. The lady actually said she was sorry. (But, I hope, since all those phone calls are recorded by her Orwellian masters, I hope she didn’t get in trouble for expressing some humanity.)

No one can argue with your testimony.

I know other people’s testimonies that include:

  • Being sent to prison simply for having Parkinson’s disease. (This man used to make six-figures, but his disease advanced until he was 100% disabled and unable to work. His case’s judge refused to lower the victim’s so-called “child support” so-called “obligation” by even one penny.)
  • Being told by Family (dis)-Services themselves that they don’t care if your children cannot go to school if they suspend your driver’s license.
  • Being told by Family (dis)-Services themselves that they don’t care if your children’s mother now has a live-in, violent felon boyfriend, because all they want is their money. Yes! They actually said this!
  • Being imprisoned without actually committing a crime in case after case after case after case.
  • Being homeless and sleeping in a truck (in spite of having full-time work) in the middle of the winter at below-freezing temperatures. At least, in my own case, it was seven of the warmer months of the year. The man I am referring to now was doing it in January!

So, when people want to debate, when they want to argue, don’t! Just give them your testimony.

Don’t take the bait to debate! Just give them your testimony. The only way they can fight your testimony is to accuse you of lying and that just makes THEM look bad.

So, remember, keep discussions about you and your children’s rights and your testimonies, and you can’t lose.

Ultimately, it will be the sheer weight of our combined testimonies as a persecuted underclass that will finally topple the Berlin Wall of Family Legal Abuse that has been erected by the courts between us and our children, between us and our life’s earnings.

I will traveling to Jefferson City, Missouri this summer to visit with state legislators and those august individuals need to see YOUR testimonies by the thousands! By the tens of thousands! They need to be buried in dump trucks of them! If you have even a little time, send your testimony to thebutterflydad@gmail.com.

You’re doing all of us and your children a favor when you do.

Reach me anytime at: thebutterflydad@gmail.com

Twitter: http://www.twitter.com/jonklement

Facebook: www.facebook.com/jonklement

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Source: Entry #6: The Power of Your Testimony, or, How to Win an Argument with an Opponent of Family Rights Every Time | The Butterfly Dad Blog

Family Court Bankruptsy - AFLA Blog 2016

https://www.youtube.com/watch?v=ybELZcqgc64

PAAO - Fam Crt