Non Payment of Child Support Indigent Defense | Turner v. Rogers

Turner v. Rogers and its Importance in Indigent Defensemoney-from-feds-2016

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I wanted to take some time out of my schedule to discuss Turner v. Rogers while it’s still recent and I remember my thoughts on the matter.  First, I will provide some basic background on the case.  Then, I will discuss the basic legal and policy arguments of the case.  Finally, I will turn attention to my predictions and the importance of this case for indigent advocacy in general.

I. HISTORY OF THE CASE

What is this Turner v. Rogers case I’m talking about?  The answer, thankfully, is rather straightforward.  This case involves two indigent parents involved in a dispute over child support.  The mother, Ms. Rogers, brought a straightforward court claim against Mr. Turner for child support he owed to their daughter.  So far, nothing out of the ordinary.

The noteworthy aspect of the case is that Mr. Turner is indigent, a formal term for a person who is poor; presumably below the poverty line.  In terms of full disclosure, both Ms. Rogers and Mr. Turner were indigent parents.

The court in this case held Mr. Turner in contempt for failing to pay for his child support obligations.  A proper defense to this failure is an inability to pay based upon lack of necessary income.  If that’s the case, why did the judge hold Mr. Turner in contempt?  There is both a broad and specific answer.  The broad one is that the poverty defense is an affirmative one — one that a defendant must prove in order to avoid being held in contempt.  The specific answer is that Mr. Turner lacked an attorney, who would have certainly asserted this defense.

In these situations, a person can typically be held in either civil or criminal contempt, the specifics of which vary by jurisdiction.  This case occurred in South Carolina, where a person facing civil contempt may be incarcerated as a result.  That’s what occurred with Mr. Turner, who was sentenced to serve jail time for being what most us know in lay terms as being “a deadbeat dad.”

Mr. Turner appealed his case all the way up to the South Carolina Supreme Court on the grounds that he was entitled to have an attorney appointed for him since he could not pay for one on his own.  The South Carolina Supreme Court disagreed with his claim and, as a result, he petitioned the US Supreme Court to hear his case.Family Court vs Criminal Court - 2016

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Lawyers would rather try heinous murder cases rather than one family law case.

Family law is not for the faint of heart, and institute teaches best principles and methods ~ Tulsa WorldAmerica legal system failure 2016

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.

Family Court vs Criminal Court - 2016.pngSome Tulsa attorneys admit they would rather try a number of heinous murder cases rather than one family law case.

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.we-need-a-winner-2015

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.

The question was where to go.

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Fathers for Equal Rights! #FatherlessDay

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WHAT OF GRANDPARENTS’ “RIGHTS”?

WHAT’S THE SOURCE OF GRANDPARENTS’ “RIGHTS”?

what-of-grandparent-rights-2016– thefitparentsrights

A fit parent’s “liberty” is defined as the right to establish a home and direct the upbringing of one’s children.  Meyer v. Nebraska, 262 U.S. 390, 399 (1923). Such is what makes it a “liberty interest”. This liberty interest is fundamental to the citizens of the United States of America.Washington v. Glucksberg, 117 S.Ct. 2258, 2268, 521 U.S. 702, 720-21 (U.S.Wash.,1997).

Therefore, this right is protected by the Due Process Clause of 14th Amendment to the  United States Constitution.

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.

grandparent-alienation-2016

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. Grandparent Family Bond Obstryction - Public Health Crisis -- 2016This 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..

no-system-ever-devised-to-cause-so-much-harm-as-family-court-2016

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.

Grandparent Child Relationship Obstruction - 2016Instead, 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. Grandparent Contact Denial - 2016

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.

Source: WHAT’S THE SOURCE OF GRANDPARENTS’ “RIGHTS”? – thefitparentsrights

Fight for our Children’s Rights

DCF and Family Court reform is a must! DCF/Family Court victims join in Multi-billion Dollar Class Action lawsuit, Visit to join , or use this recruitment code to join the team I will be leading for this Class Action lawsuit: 33183MJ123,

Florida Election Topic 2015From http://www.votefamily.us/:
Almost on a weekly basis two children are killed under the supervision of the Department of Children and Families (DCF) (last count 534+ in the last six years in Florida  as per the Miami Herald, Many more are taken away from parents even when this is not in the best interest of the children for mainly monetary reasons, see video.

YouTube Channel Art - 2015What’s causing the DCF deaths and the separation of our families? One word summarizes it: GREED. DCF prefers to place children in foster homes or give them for adoption than to give them to family members because for every dollar it spends in foster homes, it receives three dollars from the federal government, a 200% return on investment (ROI) on top of monthly payments received for each foster child, and the bonuses received per adoption, all of which amounts to a highly sophisticated form of child trafficking as reported HERE similar to the Kids for Cash case in Pennsylvania, as described by the believed to have been murdered Senator Nancy Schaefer.

8bf6c-why2bare2byou2bdenied2bcontact2b-2b2015

Don’t believe it? Okay…

See testimony from Legal Aid attorney before Florida Supreme Court committee explaining how parents victims of domestic violence may lose custody of their children fam22when they go before a judge for a restraining order seeking protection from their attackers and end up being separated from their children because “as a matter of law” they “have failed to protect their children from witnessing domestic violence:”

Also take a look at three victims testifying at the FLSCT hearings. The second woman is Yarmila Castellanos, had her 3 day-old baby removed from her arms by DCF for no other reason than reporting domestic violence while her three other children were at home.

Unfortunately, these abuses cause great detrimental effects not only to the parents, but most importantly to the innocent children. And, one of the main targets of these gruesome acts are the disabled as per a recent investigation by the Department of Justice:.

children4justice-ad2e2ec-votefamily-us2b-2b2015

Nubia Barahona Murdered by Foster Parents

ANOTHER CASE BY FAMILY COURT JUDGE VALERIE MANNO-SCHURR
11TH JUDICIAL CIRCUIT COURT IN MIAMI-DADE COUNTY, FLORIDA
Judge Manno-Schurr - 11th Jud Cir Miami FL - Family Court

Bonhoffer-2-branded-300x101

Nubia Barahona Murdered by Foster Parents

The widely known case of Nubia Barahona described here, www.SayNoToPAS.com.

A judge, and DCF ignored clear and convincing evidence that the Barahona children were being abused and neglected based solely in what seemed to be an unprofessional and biased report of a psychologist, Vanessa Archer, who has shown similar behavior in other cases, 1, 2. Despite responsible family members requesting custody of minor children, the Barahona children were left with the foster care abusers for no other reasonable explanation than monetary reasons. A few months later, Nubia Barahona was murdered at the hands of the foster parents, see report, and diagram explaining what some have termed the Family Court Cartel.84caa-legal2babuse2bfamily2bcourts2b-2b2016

Child Support Supports The State - 2015The same greed motivation is behind the forced separation of parents in family courts. If one of the parents has less than 50/50 time sharing, he/she is forced to pay child support, and for every dollar the states spend in child support, the federal government reimburses 66 cents back (so for every $1 the states spend, they receive $1.98 dollars back, a 98% ROI) plus millions in incentives to the states, as per Title IV-D of the social security, which is used among other things to pay the same judges who are giving these orders,  a conflict of interest to say the least.

Child Support Unfairness - 2015So even though 50/50 time sharing is the law in Florida, judges in many cases ignore this under the excuse of the “best interest of the children” when in reality they are motivated by the desire to fill the state coffers and pay their own salaries and benefits.  In other words, as these testimonies show: GREED has replaced the rule of law.41f7c-activism

Get two others and share to become ONE to protect our children and our families and reach the 50,000+ goal for the number of plaintiffs.

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Preview YouTube video Florida Supreme Court Testimony Miami Legal Aid Atty on DCF

Florida Supreme Court Testimony Miami Legal Aid Atty on DCF

Preview YouTube video FLSCT Testmony Three Citizens on Family Court Corruption

FLSCT Testmony Three Citizens on Family Court Corruption

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Preview YouTube video Nadine Burke Harris: How childhood trauma affects health across a lifetime

Nadine Burke Harris: How childhood trauma affects health across a lifetime

Lawson E. Thomas Courthouse Center 175 NW First Avenue Miami, Florida 33128
Lawson E. Thomas Courthouse Center 175 NW First Avenue Miami, Florida 33128

Source: Class Action Lawsuit Parental Rights Pending Join In!

Let there be justice in America, and let it begin with the U.S. Department of Justice.

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/
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/

divorcecorp-judge-scalia-quote-on-judicial-system-perception-2016Power Over Poverty Under Laws of America Restored ~  Opt-IN-USA

people-who-are-crazy-enough-to-think-they-can-change-the-world-are-the-ones-who-do

Let there be justice in America, and let it begin with the U.S. Department of Justice.7f420-injustice

At best, if the targeted conduct is graphic and filmed and public outcry is intense, we get “police accountability” . . . an oxymoron given the DOJ’s notorious…

https://www.facebook.com/POPULAR4people/
Calling on all Americans who do not want the ruling class through major media to keep unrest focused exclusively on blue collar cops while elite lawyers, powerful prosecutors, and judges operate with virtual impunity in this country. Please join us in PUMPING UP THE PROTEST! Kindly circulate this message and do whatever you lawfully can to affirm that no one in America should be above the U.S. Constitution and certainly not the country’s law enforcement and correction officials, private lawyers, prosecutors, and judges. Thank you!

Opt-IN-USA  · LINKEDIN.COM

Please join us in PUMPING UP THE PROTEST! Kindly circulate this message and do whatever you lawfully can to affirm that no one in America should be above the U.S. Constitution and certainly not the country’s law enforcement and correction officials, private lawyers, prosecutors, and judges.

Thank you!Low Hanging Fruit Opt-in USA NFJA - 2016

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.

family-civil-rights-movement-2015

We identified it as an international human rights issue. We learned that a potentially insurmountable obstacle to relief was America’s failure to ratify th……See More

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

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“What the proverbial ‘Powers That Be’ seem to miss is that when their noses are all red from being snubbed at rank and file Americans, implementation of the U.S. Constitution has become an arbitrary and capricious process; no more Rule of Law.”Three Ring Circus - 3 Ring Circus - AFLA Blog - 2015

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Raising Public Awareness about Male Victims of Domestic Violence

In an effort to bring attention to the pandemic of male domestic violence victims and female abusers, we will concurrently publish an In His Own Words post on both AVoiceForMen and Shrink4Men every day in October. These posts will be from men who are or have been victims of domestic violence.

Heterosexual men aren’t the only invisible domestic violence victims. The two other populations that are also egregiously ignored are individuals in same sex relationships and the transgendered. We welcome your stories, too.

If you would like to share your story about domestic violence, please send it to shrink4men@gmail.com. We are looking for written narratives and/or audio or video recordings that describe or illustrate the abuse you have suffered. If you have an audio or video file of your wife, girlfriend, ex, etc., in the midst of an abusive episode, we will publish those as well.

Please adhere to the following guidelines:

  1. Limit written testaments to no more than 2000 words and send as a Microsoft Word Document.
  2. Use paragraph breaks, spellcheck, etc.
  3. Please send video/audio recordings in a format that can be readily uploaded to YouTube.
  4. If you send and audio/video recording, also provide a written description of the file (i.e., the circumstances leading up to the abuse episode).
  5. Edit out identifying information before sending Word, video or audio files.
  6. If your abuse case is already a matter of public record (e.g., in a newspaper or online publication), you may use identifying information.
  7. Use DV AWARENESS SUBMISSION in the subject header of your email.

Due to time constraints, we may not be able to use submissions that require a great deal of editing, so please try to have your materials in the best shape possible before sending.

Additionally, please consider including some of the following in your submissions:

  • Who is or was your abuser? Wife, girlfriend, fiancée, ex, grandmother, mother, sister, grandmother, aunt, etc.?
  • How long did the abuse go on?
  • What kind of abuse? Emotional, physical, parental alienation, financial, smear campaigns, stalking, false allegations of abuse, sexual, falsely obtained restraining order and other abuse via the courts and law enforcement, etc.?
  • When did you realize what you were experiencing was abuse?
  • Did you have difficulty believing you were being abused? If so, why?
  • Did you tell anyone you were being abused? Friends, family, therapist, clergy, police? What was their reaction?
  • If you were physically abused and called the police, what happened? If you did not call the police, why didn’t you?
  • What is your message to other men and boys who are being abused?

Activism Posters

DAHMW would like some help creating activism posters to offer for download on AVoiceForMen for everyone who participates in poster campaigns. If have poster creation skills, please contact us at the same email address listed above.

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