Goals of the Fathers’ Rights Movement – The fathers’ rights movement arose in response to the perception that fathers were not being given equal treatment in child custody litigation. Fathers’ advocacy groups typically to focus upon some or all of the following beliefs:
Unwed biological fathers are often told they have no rights when it comes to their infant children when placed for adoption. The fact they fathered their child is not considered important when the mother decides, on her own, to give the infant child up for adoption in certain circumstances.
But, this gender disparity in equal protection and due process in parental rights is changing.
Recently, the State of Utah adopted House Bill 308 that is designed to safeguard unwed paternal rights in regards to children six months or younger from being adopted. This law would require unwed fathers to be issued official notification of the mother’s intention to give their infant child up for adoption in certain circumstances. Once received, the father would then have 30 days to assert his rights as a parent and petition the court for custody. This closes a loophole which had allowed mothers to circumvent notifying the biological father and thus committing the ultimate act of parental alienation – terminating the father-child relationship forever.
Common sense and fair play would argue that if an unwed mother decides to give up her rights to a child, then the biological father would automatically be given the opportunity to take custody of his child. Instead, a stranger can be given the right to adopt the child, often without the father even knowing he will never see his child again.
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?
Judicial Conduct Commission Renamed Kangaroo Corruption Commission | Leon Koziol.Com
It’s been awhile since Supreme Court Justice Abe Fortas depicted family courts in America as “Kangaroo” operations, see In re Gault, 387 US 1, 27-28. But Abe never came across New York’s Commission on Judicial Conduct. Now that’s a kangaroo commission if there ever was one. Its members are appointed by corrupt politicians such as Sheldon Silver (now in federal prison), Dean Skelos (convicted of federal crimes) and Andy Cuomo (currently under federal investigation). Governor Andrew Cuomo prematurely dissolved his own corruption commission when testimony (i.e. me) began implicating the politicians who created it.
Another entity, the Joint Commission on Public Ethics, was created by the same trio of politicians in 2011 as part of a “Clean-Up Albany Act.” By 2015, state legislators were decrying it as “J-Joke” for its impotence. The chair of that Commission was recently named Chief Justice of New York’s high court by the same Governor Andy Cuomo who created both commissions. That should have all people visiting or doing business here very concerned.
Yeah there are so many taxpayer financed commissions these days that the public cannot figure them all out. Hell they all sound good, but what are they accomplishing? The third one (featured here) has kicked legitimate complaints against judges to the curb faster than its kangaroo sister commission in California (reported to have rejected more than 90% filed). It’s a nationwide epidemic calling upon the citizenry to make a stand. A rally has been set for September 17, 2016 at Lincoln Memorial in Washington D.C. Be there !
As a result, this Judicial Conduct Commission has been renamed the Kangaroo Corruption Commission (KCC) by victimized litigants to accurately describe the entity’s true character. Okay it’s not official yet, but we commoners who pay taxes and put up with their circus show like to be graphic with what’s really going on. We’re not so easily duped into believing that a catchy title with elite law firm members verify a genuine commitment to public service. They’re the foxes watching the chicken coup. So we call it as we see it.
Today I received yet another letter from “Jean M. Savanyu” clerk of the Commission advising me once again that Lewis County Family Judge Daniel King (“Dan King” as he introduced himself to my family court opponent on the phone) is just a-okay. Now for our 6,000 followers, you all know this can’t be right. Dan King has committed so much misconduct that anyone coming into “his” court should bring along a recorder (since he caused one of my secret custody proceedings to be unrecorded so his misconduct could be concealed).
Appealing such clear misconduct is equally impotent. In my case, the “honorable” Nancy Smith of the Fourth Department denied recourse against King when he issued a support violation order impossible to comply with because it required support payments to an agency without legal authority to accept it.
Dan King was simply abusing judicial office in retaliation for my (accurate) public criticisms of his incompetence (see listing below). Nancy is the only judge above trial level ever to be slapped on the wrist by the KCC for giving a glowing reference to a person she never met for personal and political gain as a judge. Does anyone seriously think she could be impartial here?
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:
“In speaking w/ a NC Legislator yesterday, she exclaimed that in many cases the only reason a non-custodial parent would want shared parenting or joint custody is so that they could lower child support payments.”
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:
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.
Here’s why.
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.
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.
“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.
“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
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.
State lawmakers should pass much-needed reform of child-custody laws.
When she and her husband were divorcing, Jennifer Fink felt the way a lot of parents do. She was angry at her husband, thought she was the better parent, and wanted sole custody of their two sons. But the law in her state, Wisconsin, strongly encourages shared parenting of children when Mom and Daddivorce, and that’s what the judge ordered. Now, five years later, Fink, who founded BuildingBoys and is involved in recent efforts to create the White House Council on Boys and Men, has a message for everyone going through a child-custody case:
“I thank the Wisconsin court system for presuming that shared parenting is in the best interest of children, because without that presumption, I’m pretty sure I would have happily assumed the larger portion of parenting and relegated the boys’ dad to a lesser role. And that, I now know, would have been bad for my boys, bad for their dad and bad for me,” Fink revealed in a recent post, “Is Shared Parenting Best for Boys After Divorce?”
The overwhelming weight of scientific research demonstrates that children do better with two parents involved in their lives.
And yet Wisconsin is just one of two states that effectively encourage family judges to order equal — or almost equal — parenting time when parents divorce. Fortunately, many other states are considering following suit. This year, around 20 state legislatures are considering some form of equal-parenting legislation.
Indeed, one of the major factors behind our epidemic of fatherlessness is family courts that routinely consign one parent, usually the father, to mere visitor status in his children’s lives. Typically, non-custodial parents see their kids four days per month, plus a few hours one night per week, plus a few weeks during the summer. That usually works out to between 14 percent and 20 percent of the time.
As Fink so accurately says, that’s bad for kids. The overwhelming weight of scientific research demonstrates that children do better with two parents involved in their lives. Federal statistics show that kids with two parents are more likely to do well in school, stay out of jail, stay away from drugs and alcohol, avoid teen pregnancy, avoid depression, and, as adults, be gainfully employed than are their peers with a single parent.
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, UFO, Cinema, Realm of Rhyme along with numerous short stories, poems and articles.