A Christmas Story: Make Christianity Great Again !

Welcome to Leon Koziol.Com

IMG_1942 70 foot Christmas tree and manger scene at my home. The latter has managed to survive nearly thirty years atop roofs, my boat deck and three different homes. The moon made this photo a spectacular one last year.

By Dr. Leon R. Koziol

Parenting Rights Institute

On this Christmas Eve, I would like to take a moment to wish all Christian families a very Merry Christmas. Hopefully you are enjoying it with your children and extended family. However for so many others, like me, it’s a very different Christmas. My fellow divorce and family court victims know exactly what I am talking about. This story is for you.

I am unfortunate again this year to be denied any contact with my daughters because of New York’s anti-Christian family courts. They leave victims with only two options: bear the pain or take the so-called “law” into your own hands. This is…

View original post 738 more words

Advertisements

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.

Continue reading

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

REFORM CHILD SUPPORT NOW FLORIDA - 2016

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.d5ba7-florida2bchild2bsupport2bsystem2breform2bcyber2bprotest2b-2b2016

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.Enforce Visitation NOT Child Support - 2016

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. Child Support - 2014

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:

Petition to Congress: Family Court Corruption and to Abolish Title IV-D Funding from States to have incentives to illegally courtnp children, CPS corruption, judicial corruption

Source: Billions in Child Support Going to Lawyers and Bureaucrats | Leon Koziol.ComChild Support Truth - 2015What child support looks like - 2015

The Evidence Standard To Fight Corrupted Family Courts

Evidence - 2016Preponderance 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]).Due Process Right TFRM - 2016

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.Child on the stand - 2016

Fight Corrupted Family Courts and CPSStop Gender bias and discrimination in Family Courts - AFLA Blog 2016

via Preponderance of Evidence Standard | Fight Corrupted Family Courts and CPSParental-rights (1)

Continue reading

Lawsuit For False Domestic Violence Accusations?

This slideshow requires JavaScript.

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

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.)

Continue reading