All of us at one time or another find ourselves in front of the family court.
THE FAMILY COURT in Dade County is abusing children; either by ignoring their cries, as in this case, or by appointing Guardians that take money , are personal friends of the Judges and who just want a pay day.
WHAT ABOUT THE CHILDREN?
These people believe they are protected by the law, no one can stop them and they are G-d’s.
Well, we have given them this power…WE VOTED THEM INTO OFFICE.
PLEASE HELP STOP CHILDREN ABUSE IN THE DADE COUNTY FAMILY COURT.
Family law is not for the faint of heart, and institute teaches best principles and methods ~ Tulsa World
Family law is a tough practice.
Children’s futures are at stake. Homes and any monies involved are being divided. Cases turn ugly in a moment, and attorneys representing their clients must be prepared for these sometimes unexpected mood shifts.
Some Tulsa attorneys admit they would rather try a number of heinous murder cases rather than one family law case.
The researchers predicted that, after the children whose parents weren’t divorced, the children who lived with one parent would exhibit the fewest issues. However, these children were actually significantly more likely to experience various health problems
Judges have been heard to say they dread the controversial and contested family law cases because no one clearly is the winner and everyone loses when all cards have been played.
Even attorneys involved in a family law practice have difficult times because of the twists and turns a case might have. Shane Henry, who practices family law with the Fry and Elder Law Firm, said he consistently lost cases during his first three years in practice and knew he needed additional training.
…so are judges, attorneys, and especially psychologists. So don’t worry, you’re not alone…
“Best Interests of the Child”
– Fact or Lyrical Poetry?
Family Court Professionals Disclose the Truth – Weightier Matter
Don’t worry, you’re not alone. So are judges, attorneys, and especially psychologists.
At AFCC’s 2006 national conference in Tampa, FL, family court professionals gathered to discuss whether “family” or “parents’” rights were compatible with the “best interests of the child” standard. But in comparing “rights” to “best interests,” the discussion took an unexpected turn to a more fundamental question:
What does “best interests” really mean?
Does it take a Ph.D. to know the answer?
Do judges know any better than lawyers, psychologists, or parents themselves?
Does anyone really know what “bests interests” means and how to determine it for any child or family?
Why Lawyers & Politicians Actually Want You and Your Children To Suffer
You might have noticed that the theme of our most recent publicity messages center around “sharing the truth”.
And there’s a reason for this: we’ve been seeing a rather robust effort on the part of our opposition to blatantly lie to the Public in an attempt to thwart Family Law reform.
In reality, this is not new. Because they’ve been doing this for the last forty years or so.
Never the less, you’re probably seeing a ridiculous talking point come up a lot lately. I’ve seen it all over, and it’s probably best described by a Facebook post I saw in the Love and Iron newsfeed from NC Fathers. Here is the opening post:
I then followed up with a post to that thread describing my disgust with National Organization for Women (NOW) and other anti-equal parenting lobbying groups; because it’s become apparent that this is one of the universal talking points that’s being injected into the public commentary – I’m simply seeing it all over. Basically, here’s what they’re saying:
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.
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.
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 firstname.lastname@example.org.
You’re doing all of us and your children a favor when you do.
This means, if the state-as in a judge- wants to infringe or terminate this fundamental liberty interest, he or she had better apply the process due to a parent first. Otherwise, its action is explicitly forbidden. Id. at 721. If the state cannot show that it has a narrowly tailored compelling interest, then the state cannot touch the fit parent’s right at all. Ibid. No other avenue is constitutionally available to accomplish state action, which will adversely affect a parent’s fundamental liberty interest.
If a parent appeals an adverse action by a state which has affected his or her fundamental liberty interest, the reviewing Court must apply the Strict Scrutiny standard of review, to determine whether the state action was indeed achieved without the state showing that it had a narrowly tailored compelling interest to take the action it did. Id. This is a compulsory standard. It’s not an option. Nowhere does it say that if the reviewing Court has sat down and collectively decided, for whatever arbitrary reasoning, that it should apply a lesser standard, that it can do so.
That being said, tell me. Where exactly do Grandparents’ “Rights”, come from? When a parent is brought before a Court and his or her fundamental liberty interest is at stake, there are only TWO competing interests here- the parent’s and the state’s. Santosky v. Kramer, 455 U.S. 745, 759-60 (U.S.N.Y., 1982). If the parent is fit, then the child’s interest, coincides with his or her fit parent’s. Id. at 745, 748, 760-761 (1982). The child’s interest does not stand alone. As such is the case, where exactly-constitutionally- does the Grandparent’s so called “interest” fit into the equation? I can tell you where-nowhere- because they don’t have any “rights”- not under these United States’ Constitution..
The Justices who decided Troxel v. Granville, 530 U.S. 57 (2000), deliberately failed to apply the Strict Scrutiny standard of review, to the threatened fundamental liberty interest of the mother in that case for this precise reason.
Instead, it applied a less stringent standard, having nothing to do with the 14th Amendment, so that it could leave room for the individual states, to concoct their own particular processes by which each could infringe or even, as in my case, terminate the liberty interests of fit parents, by averting the Due Process Clause. In other words, applying the wrong standard gave state legislatures the power to enact laws granting such “rights” to grandparents to intervene into divorce and custody disputes. Under the Due Process Clause of the 14th Amendment to the United States Constitution, this “standing” does not exist.
Because of the Troxel Court’s “instructions” as the state of Georgia refers to the case, Clark v. Wade, 273 Ga. 587, 603-604 (2001), this state claimed that it had the power to sever my custodial relationship with my child, remove her from my home, terminate my legal rights to her and “award” “custody”, to her paternal grandparents- all without finding me unfit. Isn’t that something? After serving my country and vowing to die if need be, to defend the United States Constitution, my own rights were snatched right from under me. It said that it had the parens patriae power to do what it thought was “best” for my child. It had and has, no such power. Neither does any other state.
Number 1., Washington, 521 U.S. at 721 says the state can’t do anything with a child without first proving that it has a narrowly tailored compelling interest.
2. The state can’t achieve such interest without following the bifurcated steps established in Santosky, 455 U.S. at 745, 748, 760-761 .
3. Before we even get to any of all this, the state is explicitly prohibited from applying the best interest standard between a parent and a third party to begin with. Reno v. Flores, 507 U.S. 292, 303-304 (1993).
Nevertheless, there are parents across America whose constitutional rights to their children have been deprived by state action, under color of law. This has been a collective, nationwide violation, extending from the top of our judicial system, to the bottom. This is the state of America today.
But for the United States Supreme Court’s decision in 2000, I would not have been robbed of my right to continue to have the home that I had established for my child, or my right to continue to raise her, so long as I was fit.
I know that such willful deprivation is actionable under federal civil and criminal law against state officials. I also know that one must request relief from the very defendants and perpetrators who have violated him or her- a futile effort that I learned the hard way. My question is, what happens when the willful deprivation comes from the top?
***I am a paralegal. I am not a licensed attorney. Anything I’ve posted here or on this site, may not and should not be construed as legal advice. If you are in need of legal advice, please consult with a licensed attorney. If you are in Cobb County, Georgia, good luck.
The prospect of Joseph P. Carson securing the support of our national grassroots legal/judicial reform community transforms his 25 year long quest for OSC and MSPB accountability into a potential judicial accountability coup d’etat in America.
This note is to encourage some very practical steps in mobilizing to address human rights violations through U.S. legal system abuse as part of Opt IN USA and its coalition partners. Please accept our apology if you receive this message via multiple communication channels. We want it to reach as many people as possible contending with U.S. legal system abuse and related judicial misconduct. Some d…… See More
Again, Opt IN USA attributes the ineffectiveness of America’s legal system in redressing entrenched legal system abuse to a synergy of:quiescent lawyers and judges, subdued by the prospect of retaliatory professional discipline;ineffective federal agencies such as the U.S. Equal Employment Opportunity Commission (EEOC) and the Office of Special Counsel;…See More
Here are four of the most critical flaws of the current child-support system.
The system is outdated.
The child-support system was originally a bipartisan policy reform designed to serve divorced parents who were steadily employed. But the system was established nearly 40 years ago, and is based on outdated stereotypes that viewed Mom as a housewife and Dad as the sole breadwinner.
29 percent of families in the system live below the federal poverty line. Many fathers sincerely want to do right by their children, but simply don’t have the means to do so. That becomes a very slippery slope for a lot of dads.
When unpaid child-support payments accumulate, this often snowballs into another issue: parental alienation. Research has shown that men with outstanding child-support debts tend to be less involved in their children’s lives. Some even find themselves incarcerated over unpaid payments.
So, I want to ask where you stand on an important political issue: Family Law Reform.
As you may or may not be aware, our current system of Family Law has devolved into one in which a whole host of Family Court Industry players are profiteering from the minimization or elimination of parenting time and rights for non-custodial parents.
Many custodial parents, lawyers, parenting plan evaluators, supervised parenting services, States, friends of the Court social workers, many Courts, and others; are making money by using children as an excuse to exploit non-custodial parents, causing irreparable harm to both children and their parents in the process. I, and a rapidly growing base of many others, would like this to stop. More specifically, we are asking for five primary reforms to Family Law:
The presumption of 50/50 custody and parenting rights during and after divorce. We are NOT asking for a REQUIREMENT of 50/50, because we still want parents to be able to decide for themselves what works best for them. However, in the event that case goes to trial, instead of having the NCP being forced to rise to a high standard to show why they should have time with their children, I believe it’s far healthier (for both parents and children) for the parent contesting this time to be required to rise to a high standard to show why the NCP should NOT have equal time with their
And while this may dramatically hit the financial accounts of those who are using children for profit by creating or aggravating conditions of conflict, this reform will affect far healthier outcomes for families.
I would like reforms to child support calculations. More specifically, an elimination of financial incentives for minimizing or eliminating a non-custodial parent’s time with their little ones. As it sits now, there are basically two pieces to the child support calculation: (1) An actual physical needs worksheet, and (2) A tax-free income redistribution; with the Court establishing the higher of the two as the child support order. I recognize that custodial parents may need some time to adjust after divorce, and I have no problems with alimony/maintenance. However, I would like the alimony portion of child support to be eliminated. If a CP wants to better their lifestyle, they can put the work into bettering themselves just like NCP’S are often admonished to do. Children are NOT tax-free income producing assets, and NCP’s are NOT indentured servants.
Reforms to child support enforcement: If one wants to accomplish a goal, it helps establish good or helpful conditions to achieve that goal. Unfortunately, the Family Court has become accustomed to pathological and often draconian measures for enforcement in which the civil rights of NCP’s are systematically ignored or eliminated through administrative court procedures. If a person loses their job, or becomes ill or disabled, it makes no sense what so ever, to take away their driver’s license, vocational license, destroy their credit, throw them in jail, or force them into homelessness. How does this help to ensure the support gets caught-up? It doesn’t. It simply makes the problem worse and sets the non-custodial parent up for future, life-destroying failures. Truthfully, current regimes for enforcement that treat “deadbroke” parents as common criminals are completely inappropriate.
Social Security Act, Title IV, Part D, Section 458 “Incentive Payments To States”: I have no problem, in theory, with states being rewarded for child support enforcement. However, I have a big problem with States profiting from it, and a REALLY big problem with the lack of resources available to NCP’s for visitation enforcement. For little or no cost, a CP can have the state pursue civil or criminal remedies for delinquent child support.
However, an NCP in reality, must hire an attorney if his or her visitation orders are being ignored, and often, these orders are not enforced with anywhere near the same severity by the Court as they are with child support orders. And I’m confident this is happening in large part, due to the financial interests of those parties noted in paragraph four. Therefore, if there is going to be Federal incentives for the enforcement of Family Court orders, I want equal weighting and importance put the enforcement of visitation orders. Honestly, the message that money is more important than a parent’s relationship and the emotional well-being of children is remarkably disgusting. I simply can’t tolerate that kind of worldview.
VAWA reform. I agree that victims of abuse and violence need the ability to feel safe in swiftly seeking the protection of the Justice system. However, fraudulent allegations of abuse made during Family Court are getting out of control. This is a gender-neutral problem, and it seems it now boils down to which party can launch this nuclear attack first. There are no remedies available to the victims of fraudulent allegations – none, and the damage these allegations cause to both children and parents is catastrophic.
The American Bar Association loves to fall back on VAWA as its reasoning for opposing any kind of Family Law reform. However, I can’t help but wonder how much money attorneys and investigators are making from a law that allows someone to be accused of such a serious crime and presumed guilty of it with no credible evidence what-so-ever. Something needs to be done about this, right now.
In short, much of the current political and judicial rationalizing for the current structure of Family Law centers on the concept of what’s “in the best interests of the children”. However, what is becoming increasingly clear is that children are simply being used as a seemingly noble excuse to mask a greedier underlying motive that is causing significant and irreparable harm to parents and children alike.
I understand you can expect to receive significant resistance to my ideas for reform because those parties noted earlier have a great deal to lose when they take place.
However, I’m not concerned about them. I’m concerned about the health and well-being children and parents, and your position on this matter will affect my voting behavior going forward.
Therefore, I will be grateful if you will tell me, in plain and simple words, where you stand on Family Law Reform.
This morning, FathersandFamilies.org put out an excellent call to action on its Facebook page.
Here it is:
“Have you ever wondered where your local State Representative or Senator stands on the presumption for equally shared parenting, or what they think about Judges using discretion to bypass equal parentage and access to children by Non-Custodial families? Well, let’s find out. Fathers and Families is asking today that you go to Google and search your State’s Legislative or General Assembly website to find your State level Representative and Senator (pick one Rep and one Senator) and email both asking where they stand on you being allowed to have equal access to your children and financially supporting them directly, as well as how to deal with Judges who prevent that.
Once both have responded, come back to this post and type the name of the State you are in, the Rep/Senators name, and…
Award-Winning and Prize-Winning Author of Access Denied, The Wretched, The Roots of Evil, The Ghost of Clothes, Omonolidee, First Words and Unzipped: The Mind of a Madman, The Deeper Roots of Evil, along with numerous short stories, poems and articles.