Author: American Fathers
THESE JUDGES SHOULD BE DISQUALIFIED!
SERIOUSLY?????
TWO TAMPA JUDGE CANDIDATES HAVING A FIGHT THAT BRINGS ON A 911 CALL?
PERHAPS BOTH OF THEM SHOULD BE DISQUALIFIED IMMEDIATELY!
ARE THESE THE TYPES OF PEOPLE WE WANT SITTING ON THE BENCH IN FAMILY COURT?
On a pretty fall afternoon last Sunday, the good citizens of Hillsborough County stopped by the Jan Platt Library in South Tampa to cast their early votes.
Outside, campaign supporters waved signs. Birds sang and children played. The scene was practically Rockwellian.
Until things got “loud,” “out of hand” and “ugly” — in the words of the poll worker who called 911.
And all of this was related to a race between two people running not in that bloodbath of a campaign for president, but to be a local judge.
Tampa lawyers Gary Dolgin and Melissa “Missy” Polo are vying for a circuit court seat — a prestigious post that pays $146,000 a year. Because judges are supposed to be impartial and dignified, the rules for running are different. Candidates do not generally talk issues, tout political parties or bad-mouth each other. They pretty much recite their respective resumes. I know — yawn.
So yes, a 911 call gets your attention. Things got ugly over at the library.
Facebook shared a post of mine about Opt IN USA from exactly one year ago today. In realizing that the campaign has been consistently described since then, I thought about complaints I’ve received that not everyone understands and can relate to Opt IN USA. Of course I cannot imagine being unsure of whether I’ve been persecuted or psychologically tortured through misuse of administrative (as in quasi-judicial) or court (as in judicial) proceedings in America. It seems those of us unfortunate enough to have had such an experience would realize it happened or is happening. And Opt IN USA would speak to our embattled souls, even if aspects of the campaign left some of us confused. While anything can be simplified, not everything is simple. To thoroughly understand the problem of persistent U.S. legal system abuse is to perceive all of its complexities, which is helpful in devising solutions through which Opt IN USA constituents can be made whole. Opt IN USA is about much more than being on the losing end of legal proceedings. Instead, the campaign identifies and addresses distinct patterns of judicial (including quasi-judicial) conduct and case outcomes that evidence deliberate violations of rights. Moreover, Opt IN USA links the failure of America’s current legal and political processes to redress this ominous problem to certain of their structural/logistical deficiencies. These deficiencies manifest as inadequate judicial oversight. In other words, Opt IN USA goes beyond scandal advocacy, i.e., the process of “exposing” specific U.S. legal system bad guys in hopes of evoking enough outrage to get them ousted and reparations extended for their misdeeds. Instead, the campaign focuses on exposing how U.S. government unduly insulates this class of culprits from accountability and the devastation heaped on countless Americans, including children, as a result. The goal of Opt IN USA and its sister organizations is to trigger genuine reform . . . not when the targeted bad guys are adequately proven to be bad or society is adequately protective of their victims, but when it is clear that everyone CONSCIOUSLY acquiescing to inadequate judicial oversight in America is complicit in the resulting harm. True, Opt IN USA gets a bit “high brow” at times. But that is to reach Ivory Towers in which our complaints are dismissed as mere rantings of the confused, uninformed, misguided, and disgruntled. Our message must resonate there, arguably more than anywhere. As direct action is undertaken on Main Street, Opt IN USA and its sister organizations help ensure such efforts are not undermined by credible propaganda flowing from any Ivory Tower. Surely not everyone discontent with America’s legal system has a well-founded complaint. But it is only through a fair and impartial administration of justice that our legitimate grievances can be properly sorted from those that are unfounded. America owes all of its citizens a fair and impartial administration of justice. Learn more, join our efforts, and otherwise support Opt IN USA by visiting https://m.facebook.com/Opt.IN.USA/
06/18/15- Miami- Miami-Dade Circuit Judge Valerie R. Manno Schurr, 11th Judicial Circuit of Florida.
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Lawyers and Bureaucrats Get Child $upport Billions
Billions in Child Support Going to Lawyers and Bureaucrats | Leon Koziol.Com
Public Apathy and Lack of Accountability in Family Court are Damaging Our Children
While federal and state prosecutors focus on high profile politicians for public accountability, our third branch of government remains self regulated and largely overlooked. As a result, parents, children and extended families are being fleeced by lawyers and third party beneficiaries every day to unconscionable levels. It’s all part of a lucrative child control industry.
Consider the recent custody case reported by the New York Post involving Dr. Eric Braverman, a highly committed father and respected neuro-surgeon in Manhattan who spent more than $4.5 million in an unsuccessful attempt to retain a meaningful relationship with his children. A judge-appointed attorney for those same children went to horrendous lengths to pervert this man’s efforts with fees approximating a half million dollars.
Now come on folks, let’s not lose sight of sanity here! How can one lawyer acting on behalf of immature and unsuspecting children be worth so much on a single case? Was this lawyer truly committed to “client” interests or was he seeking to justify his gigantic personal pay-out for a dubious role in a sensitive matter?
More disturbing, while this lawyer was busy racking up billable hours in his agenda against the father, those fees were being exacted from the same children’s college funds. Once again, it all goes back to our earlier posts warning followers of Leon Koziol.com that no amount of fees is enough once you enter divorce and family court.We even offer a program to convince would-be victims to choose mediation, counseling and alternative resolutions.
Compounding this uncontrolled greed is the lawyer glut entering the market. There are more than 1.25 million licensed attorneys in the United States today with about 300,000 in California alone and at least that many seeking a law school education each year. These people have to work somewhere and the bureaucrats are making room for them in family court. This is where apprentices typically learn their trade and marginal lawyers can concoct litigation to last an entire career.
The public is generally unaware that our federal government rewards the states by the number and magnitude of support awards generated in their family courts. It doesn’t take a rocket scientist to conclude that such incentive grants make the decision makers inherently biased against fathers. Support obligations are artificially hiked through such judge-created fictions as imputed income. Fathers comprise 82% of support debtors per our Census Bureau. 
To give an appearance of ethics, many states impose rules which prohibit lawyers from executing contingent fee arrangements in domestic relations cases. However, exceptions have been crafted which allow them for support collection purposes. This gets very interesting when you look deeper into the deceptions and the greed.
Think of it! A lawyer can now charge thousands of dollars in up front fees and billable hours during protracted litigation and then double dip on the back side by getting a third of the actual support intended for the children. The state typically gets all the interest generated off these awards in addition to a custodial fee and the federal incentive money.
In New York, the tax department is assigned support enforcement authority. In effect the state is intervening with all its machinery on the side of the so-called “custodial parent” while no similar powers are offered to the lower class parent to remedy child access deprivations. It prompted one state Supreme Court justice to question the state’s involvement in a private debt between self sufficient parents.
If you’re a debtor, you could be charged with your lawyer’s fees, the children’s lawyer, opposing fees, the contingency collection fee and court costs such as counseling, supervision and “parent education” as they call it. In countless cases, particularly those involving veterans and minorities, the debtor fathers will never be able to complete their servitude, landing them in debtor prisons. This will only add to our tax burdens and a dubious distinction as the most imprisoned population in the “free” world.
This kind of piling-on caused one police investigator to commit a murder-suicide, leaving three children without parents and city taxpayers with a $2 million liability. Nowhere in the civil rights case will you read about this father leaving support court living on $28 per week, see Pearce v Longo, 766 F. Supp. 2d 367. It begs the question: what would make a law man resort to such extremes after following the “proper” channels?
We’ve been doing our best to inform you of these alarming developments because the media is ignoring this crisis. But we cannot continue to do so without your financial support in a war against a trillion dollar industry. Public apathy has allowed this to happen along with the lawyer greed shockingly rationalized to be in our children’s best interests. It is a gold mine of unparalleled proportion that is causing so many of our social ills today.
And who pays for that?
By Dr. Leon R. Koziol
Please help us by sharing this post with friends, contacts and media:
Source: Billions in Child Support Going to Lawyers and Bureaucrats | Leon Koziol.Com
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The Evidence Standard To Fight Corrupted Family Courts
Preponderance of Evidence Standard
Under some circumstances use of the low preponderance of evidence standard may be a violation of constitutional rights. For example, if a state seeks to deprive natural parents of custody of their children, requiring only proof by a preponderance of evidence is a violation of the parents’ DUE PROCESS rights (Santosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388, 71 L. Ed. 2d 599 [1982]).
Freedom in matters of family life is a fundamental liberty interest, and the government cannot take it away with only a modest evidentiary standard.
However, a court may use a preponderance of evidence standard when a mother seeks to establish that a certain man is the father of her child (Rivera v. Minnich, 483 U.S. 574, 107 S. Ct. 3001, 97 L. Ed. 2d 473 [1987]).
Most states use the preponderance of evidence standard in these cases because they have an interest in ensuring that fathers support their children.
Fight Corrupted Family Courts and CPS
via Preponderance of Evidence Standard | Fight Corrupted Family Courts and CPS
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Lawsuit For False Domestic Violence Accusations?
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.
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
via Can I Sue For False Accusations? | Falsely Accused
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Stop Out of State Relocation of Children by Custodial Parent
Preventing Out of State Relocation of Children by Custodial Parent | Fathers Rights Dallas
Mom 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:
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The public policy of this state is to:
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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;
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Provide a safe, stable, and nonviolent environment for the child;
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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:
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Allowing or not allowing the move.
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Order of psychological evaluations or social studies of family members
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Modification of custody and adjusting of child’s time spent with parents
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Adjusting child support
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Order of mediation to settle dispute
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Allocating transportation costs
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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!
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Does the intended relocation interfere with the visitation rights of the non- moving parent?
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The effect on visitation and communication with the non-moving parent to maintain a full and continuous relationship with the child
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How will this move affect extended family relationships living in the child’s current location?
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Are there bad faith motives evident in the relocating parent?
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Can the non-moving parent relocate to be close to the child? If not, what type of separation hardship would the child have?
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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?
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Is there a significant degree of economic, emotional or education enhancement for the relocating parent and child in this move?
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Any violation of an order or prior notice of the intended move or a temporary restraining order
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Are Special Needs/ Talents accommodated for the child in this move?
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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.
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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.
Source: Preventing Out of State Relocation of Children by Custodial Parent | Fathers Rights Dallas
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Justice Department warns local courts about illegal enforcement of fees and fines. ~ ABA Journal
I would have not needed nine pages and $2.5 million in grants to write that letter.
Dear Colleagues:
We’ve at the US Department of Justice (yes “Justice” is in our name) observed that many of your, particularly judges municipal and local JP courts have been violating the US Constitution US Supreme Court precedent (which given your position, you should already know) by incarcerating and/or extorting the indigent for fine money to fill your jurisdictions coffers, and doing so without proper legal, constitutional hearing, or providing legal counsel to the accused.
AS OF NOW YOU ARE ON NOTICE THAT THAT WILL STOP IMMEDIATELY !!!!!
Outlined in items 1-7 are various precedents which we at the DOJ have become aware that you may be violating. Being a “judge” you can look up the case cites yourself. (Again something that you should already be aware of and know how to do.)
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Know Your Parents’ Constitutional Rights Protect Your Family
Protect Your Family~Know Your Rights: Conflict in Parents‘ Constitutional Rights
PARENTING AS A PROTECTED CONSTITUTIONAL RIGHT
(*See Note a bottom of page)
When you read the above document; and my reply below, please consider these points:
- Is there a “Balance” between Parents’ Rights & Children’s Rights?
- Are Laws Really Needed to Guide us in Raising Our Family?
- When you Defend your Family, why is it so important to know the Statutes for Your State, particular to your concerns?
- We must become an Advocate, and yes, admit to ourselves there is indeed conflict, corruption, biases, etc in our government. And then most importantly say OK, and ask ourselves, in knowing this>> “What are We going to do about it to Protect Our Families??
in an effort to present ALL the story of Conflict in Our Constitutional Rights:
This is indeed some good reference material for supporting the principle of “Due Process” in our Family Court system. A principle not currently in place in our Family Court.
I hope those supporting the Parental Rights US Constitutional Amendment have used this as a Reference.
See more on this Amendment>>http://nfpcar.org/Rights/index.htm
An Amendment which is in battle with the UN Children Rights Proposal. And, to date, the US hasn’t accepted this Proposal.
“The United States government played an active role in the drafting of the Convention_on_the_Rights_of_the_Child and signed it on 16 February 1995, but has not ratified it.[1]” 
Of course, then there is CAPTA. Sarcastically, I always add “New and Improved”
So many conflicts that challenge our Rights as Parents for Our Children.
“Sometimes it just takes one small voice to make a world of difference…
I challenge you to be one of those voices”
I challenge you to be one of those voices”
- *Note: PARENTING AS A PROTECTED CONSTITUTIONAL RIGHT was authored by a civil rights attorney, as an argument in a case for a parent’s rights. Currently it should not be using this argument at all (it is not a formal document, or is it a published article, just a part of someone’s case). It is to show what a civil rights attorney wrote about parental rights, which is not one of our amendments, or BILL OF RIGHTS, as parental rights are implied in the 17th amendment.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
GranPa Chuck
- Check Out Our Collectibles
>> http://rscrapz.com
- My Family Rights Affiliation >>http://nfpcar.org/FPA/emails/Current.htm
- Defend Yourself
>>
Source: Protect Your Family~Know Your Rights: Conflict in Parents’ Constitutional Rights
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Judicial Accountability for Court Ordered Parental Alienation
“Oh Christmas lights, keep shining on” ~ Coldplay »
• 24 million children (34 percent) live absent their biological father.
Children’s Rights (Causes.com)
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The BEST Parent is BOTH Parents
A million sports fans are descending on San Francisco to celebrate the Super Bowl and so are Family Rights and Father’s Rights activist, homeless advocates, Black Lives Matter protesters and dozens of other activist groups.
If the issue has ever made headlines, expect to see a protest about it in the Bay Area next week.
The protesters hope to use the national spotlight from the Super Bowl to draw attention to everything from immigration and urban farming to police brutality and the rights of African Americans.
Lisa Marie Alatorre, from the Coalition on Homelessness, told the San Francisco Chronicle her group is hoping to capitalize on the Super Bowl to get the word out about their message.
“A lot of people are upset, and having millions of eyes on San Francisco is an opportunity to get national and international solidarity with the people and causes here.”
Earlier this month, Black Lives Matter protesters shut down the San Francisco Bay Bridge during rush hour by chaining themselves and their cars to the freeway to protest the city’s handling of the Mario Woods police shooting.
Now, in the lead up to the Super Bowl, some law enforcement officials are worried about copycat rallies that could disrupt traffic and hamper week-long festivities.
Cat Brooks, co-founder of the Anti-Police Terror Project, told the Mercury News she would be shocked if there were no protests during Super Bowl weekend.
“It would behoove organizers who want to get the message out about the atrocities happening to black and brown people to utilize that weekend when there will be so many people here from around the world.”
Read more
Source: Activists Flock To Super Bowl 50 For Massive Protests
Injustice against one American is injustice against all Americans. Help us put the Justice back into Child Protective Services and get them focused on finding and saving abused children. It’s time we removed them from the profitable business of tearing loving non-offending families apart.
Civil Rights in Family Law Florida 