Family Court – Orange County, New York
Father’s Experience in Orange County, New York – Children’s Rights Public Community on Google+
We have a problem in the arena of divorce and custody. We have a system that is not impartial and often serves as a breeding ground for disingenuous and unethical actions committed by players in the legal arena and sometimes (knowingly and unknowingly) enabled by the very courts people believe will determine fact from fiction. Many Father’s have an uphill challenge awaiting them as they seek what many others before the law and courts seek…fairness and the right to be heard.
Over two years has passed since my daughter, who was 6 years old at the time, was snatched one day from her home by her mother (my Ex) and then sequestered at my Ex in-laws where I was prevented from seeing her. The night I came home from work in June 2012 expecting to kiss my kid goodnight she was gone and in her place a mountain of outrageous and disingenuous court filings attacking me as a parent, a father and threatening to take my daughter away.
Having a legal background, my trained eye saw the filings for what they were…old school intimidation tactics from a bulldog attorney looking to profit off of conflict by taking advantage of his own client and myself at a vulnerable time. My emotional side viewed these methods, and the authorization and blessing my Ex gave to give them life, with a sense of betrayal and shock. At no time did these intentionally malicious tactics intimidate or bully me as was the purpose of their design.
Over the years with this ordeal, the opposing party went through the laundry list of stunts and questionable litigation tactics using a child as a pawn for greedy motives and malicious intent. These actions only served to strengthen my resolve to stand up to the fiction and posturing. Often I would call out the dirty tricks directly and even alerted the Judge of a particular incident of perjury in direct correspondence to chambers….but I learned the courts in divorce and custody look the other way in instances of perjury and that the often used legal jargon cited in affidavits, depositions, declarations and testimony with language stating things like “under penalty of perjury” are proven to be empty, powerless and without weight.
During my own ordeal, I had the unique experience, where I both had attorney representation and represented myself as a pro se litigant when the funds ran out and debts increased.
My exposure in law and politics gave me faith that the judicial system wouldn’t ultimately reward dishonesty and unethical practice…I was soon to realize the sad truth in how wrong my belief was but still managed to obtain joint legal custody and almost 50% physical custody of my daughter. Nothing in this ordeal has been easy and it has exposed a lazy court system unwilling to review evidence and shed light on a corrupted matrimonial bar where both entities punish and criminalize many men for being good fathers who seek fairness and equal time in the live of their children.
The court is a breeding ground where a good ole boy network thrives and profits at the expense of parents becoming adversaries and children being hurt. Many of these ordeals are orchestrated events, I know because I often documented my predictions and time stamped them prior to court hearings and meetings with all parties where I accurately predicted what would happen and how things would transpire….I was pretty much on target most times.
My observations and chronicling of my own experience enabled me to document and capture the narrative to this ordeal in a manner like few are qualified to do while enduring it. My situation involves factual evidence in multiple streams validating what transpired with the lawyers, the opposing party and the court in this ordeal. Unlike so many fathers I have read about and spoken too….I am not intimidated by lawyers or Judges.
For over two years I had to keep quiet on so much of what went on, while documenting and cataloging everything. The broader concern I have in going through this is that not many fathers (and mothers many times as well) have the tenacity or persistence to keep going for many reasons and speak out on this issue and what goes on with people. That’s what opposing adversarial attorneys and some judges count on…fatigue and that most people will give up and submit to unfavorable outcomes.
These folks can lie to the court, file false allegations and commit unethical actions because the person on the receiving end, more times than not, is playing it clean and being the more truthful party. That is where your character sustains so much damage with deceitful motion practice played out against you for purpose of leverage tactics, threats of contempt, and protective orders all filed at you based on disingenuous substance and falsehoods. This is designed to try and assassinate your character and leave a bad first impression of you on some judges all while putting you in a place where it seems impossible and overly complicated to counter the damage done.
It is “overwhelming” especially when dealing with the challenges and turmoil of major life changes, but that’s how they get away with it all… People often get to this point where countering it all seems hopeless and that’s when the other side comes in with a settlement that rewards the side who is often unethical, better financed and aggressive while the other party learns honesty doesn’t pay and just wants their life back and to escape a system that criminalized them for being truthful and sincere.
As the receiving end party you aren’t supposed to make it 10 rounds or “challenge the system”, so that all the lies, hearsay narrative and disingenuous filings against you get washed away at a settlement and never see the light of day under “impartial” judicial scrutiny that would expose the situation for what it is….a work of fiction and bully tactics.
Many opposing lawyers and several Judges don’t expect many fathers to go the distance and the longer you are persistent the more adversarial and aggressive they become. On top of that it’s not lost on these people that litigation is costly and the emotional stress wears people down where they don’t want to deal with the system anymore or the constant passive aggressive threats resulting in anxiety. So those people give up and stay quiet and deal with an outcome less then just or equitable and adverse to their child’s best interest while the court moves through their busy docket and the unethical lawyers go to the next client after milking as much as they can from the parties and a similar merry go round plays out for the next dad.
The amazing thing with these lawyers in the matrimonial bar that no one talks about much is how some decide how far to take a case. Once they have the net worth statements they know how much money their clients have and eventually how much the other side has and in litigation there are ways to manipulate things so the lawyers can bill you out of a lot of money before a case ends at a certain point. There are patterns to watch for. The initial protective orders, the letter writing campaigns between lawyers (easy billable time for them) and all the needless motion filings and hearings (with hours waiting in the court), depositions and preparation time for all these things. Cases have stages and if the money is there some lawyers will make sure things progress to a certain point, damn the adverse affects these greedy motives have on the lives of the client and other parent.
My own situation was made much more frustrating because I was very aware of what tactics were playing out, how the other side was being manipulated by their own attorney and every time and instance where the opposition broke rules of professional conduct, was out of bounds during the depositions and what procedures and rules they were manipulating. The best analogy I can give for the two years in general…it was like I was awake and could see and hear what was going on around me and yet I couldn’t do anything to stop it regardless of my truthful and strongly supported filings, strong evidence meeting the burden of proof and being very upfront and honest even when it didn’t always make me look good in every situation.
In family court I was represented by an attorney and managed to get through okay but then was left in large debt and not much left for the next round of court. I then took over my case as a pro se litigant as I knew my skills with discovery and evidence would be stronger at that point then any attorney. At this stage things got very different and a bit concerning when interacting with the court and opposing counsel, it was clear self-representation was frowned upon even when I followed all the rules better then the opposition. In the Family Court we had a Judge who I felt clearly reviewed what was in front of her and did her very best to resolve issues fairly even if I didn’t fully agree with some of them.
When we left Family Court, the next round was in Supreme Court and with that a very different Judge and far different dynamic and set of external variables. At that juncture is when I did all my own corresponding with the court and opposing counsel, drafted all my own motions, responses and affidavits and prepared to both be deposed by opposing counsel during the first half of one day, then I turned around and deposed my Ex for the second half of the day….it was at this specific juncture when I did very well to prove my points, catch tons of inconsistencies and outright lies that, that very same day once the depositions concluded things would become more unethical and aggressive on their part….that was the price I paid for doing well at that stage and showing up an attorney who had decades of experience and underestimated my abilities to uncover the truth.
Eventually this all resulted in a bizarre circumstance where I was directly and indirectly threatened to agree to a resolution to things on the day we arrived at court for our trial.
What happened that day, and in swearing to the Judge that I was entering an agreement “not under threat”….well that was not entirely accurate….and as I learned the hard way, in courts dealing with divorce and custody the truth is never sought with much effort and is often a problem for the players in the industry.
“Never be bullied into silence. Never allow yourself to be made a victim. Accept no one’s definition of your life, but define yourself.“
I went through the same. I actually proved the abuse allegations untrue, showed the threats that were delivered demanding I agree to long distance re-locations, and was granted a relatively favorable result for typical fathers, because I was very diligent and creative in securing the necessary evidence, that the Court is disturbed to learn. They want the result they want, and evidence to the contrary is very embarrassing and inconvenient. I have been exhausted by numerous long-distance re-locations of my three daughters, and the Courts refuse to honor the statutes that would reduce the litigation.
Protect Your Family~Know Your Rights: Conflict in Parents‘ Constitutional Rights
PARENTING AS A PROTECTED CONSTITUTIONAL RIGHT
- 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??
I hope those supporting the Parental Rights US Constitutional Amendment have used this as a Reference.
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.
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,
- Check Out Our Collectibles
- My Family Rights Affiliation >>http://nfpcar.org/FPA/emails/Current.htm
- Defend Yourself
HARVESTING JUSTICE starting with the Low Hanging Fruit, i.e. Senate reconfirmation hearings on Special Counsel Carolyn Lerner — OPT-IN-USA
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.
We identified it as an international human rights issue. We learned that a potentially insurmountable obstacle to relief was America’s failure to ratify the Optional Protocols to the International Covenant on Civil and Political Rights (ICCPR) and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). With all these U.S. foreign policy considerations swirling in the air, it can be difficult to remember that Opt IN USA is a grassroots campaign to redress unchecked judicial misconduct in America.
- Opt IN USA will continue coordinating meetings between its campaign participants and their U.S. Representatives.
- Campaign coordinators will assist campaign participants in following up with whomever they met at those meetings.
- Already Opt IN USA is teaming up with some of the world’s most accomplished human rights activists to address the relative isolation of Americans from the international human rights community and the corresponding threat for current and potential targets of The Third Degree.
- Opt IN USA and its sister organization, NFOJA (National Forum On Judicial Accountability) will assist any and all willing Opt IN USA participants in organizing and mobilizing for local and/or state-focused judicial reform advocacy.
- IN THE MEANTIME, we should try to get a wi
n for judicial accountability under our belts, and the U.S. Senate reconfirmation hearings on Special Counsel Carolyn N. Lerner presents an opportunity for us to do just that!
They’re not politicians, so they shouldn’t act like them.
OF ALL the ways in which America is exceptional, its practice of electing judges is one of the least obvious and most striking. The spectacle of someone who has the power to hand out death sentences making stump speeches, seeking endorsements and raising funds has long seemed odd to outsiders. Alexis de Tocqueville, whose travels around the country coincided with the spread of judicial elections, predicted that “these innovations will, sooner or later, have disastrous results.” It is a view shared by many of the judges running for office around the country.
Judicial elections are becoming a lot like any other. Tennessee’s recent race was a good example. A few days before the poll Gary Wade, the chief justice on the state’s Supreme Court, sat in his office, a room enlivened by a bearskin rug on the floor, complete with paws and snarling mouth. Mr Wade had faced the voters five times before, but this election was the first time he had to do any actual campaigning. Tennessee’s race became unexpectedly political: the three judges up for retention were hit with adverts denouncing them as Obamacare-loving liberals, though their court has never ruled on the subject. The judges responded by raising over $1m to buy adverts of their own.
What IS Family Legal Abuse? »
• Children with involved, loving fathers are significantly more likely to do well in school, have healthy self-esteem, exhibit empathy and pro-social behavior, and avoid high-risk behaviors such as drug use, truancy, and criminal activity compared to children who have uninvolved fathers.
• Studies on parent-child relationships and child well-being show that father love is an important factor in predicting the social, emotional, and cognitive development and functioning of children and young adults.
• 24 million children (34 percent) live absent their biological father.
Children’s Rights (Causes.com)
WHAT’S THE SOURCE OF GRANDPARENTS’ “RIGHTS”?
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).
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.
A billboard in St Boni, MN is the first of a series for exposing corruption in Minnesota courts. Many are unaware of the horrors inflicted daily in family court across the state.
Minnesota currently has no avenue for help when you have a judge out of control – not following statutes and laws set in place to protect citizens. A law in Minnesota was discovered (link: canon 4 codes of judicial conduct) that actually allows bribing of judges. Minnesota`s Constitution states in Article 6 Sect 9 that the Legislative Branch is to oversee the Judicial Branch. Minnesota gave this up in 1979 allowing the Judicial Branch to start up the Board of Judicial Standards. This Board is overseen by the judges. If you think on this – this is recipe for disaster. You have the fox watching the hen house. The Minnesota Constitution states clear oversight needed for the judicial branch – for very good reason.
We are seeing the disaster unfold from the lack of oversight as these numerous stories get out about judges siding with wealthy and abusive spouses, leaving the other destitute and children without one or the other parent. According to the courts these cases have everything to do with money – nothing to do with the well being of the children. Below are examples of a handful of these horror stories coming out of Carver and Dakota County (neighboring counties in the First District Court), along with a few from other counties. We have four new horror cases posting shortly. If you have questions, ideas or a story to expose – please contact Dale Nathan at 651-454-0506. We would like to point out that although the majority of these stories are of mothers losing all rights to their children and left destitute – this is not exclusive to mothers.
Out of Control Judges and Lawyers
A sample of Family Court Horror Cases
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.”
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.
A few years ago I was working behind-the-scenes on a film with Janks Morton. I grew up with a loving father in our home. This issue of child custody and how men are treated in the Family Court system was distant and foreign to me. And then, I heard the stories and saw the pain firsthand from 23 men of all races and walks of life.
Segments of this movie were filmed in my office. One evening we were filming late in the evening. It was cold and dark outside. I welcomed these men as they entered the office. They were strong and confident with firm handshakes. Moments later, sitting several feet away, I watched some these men break down emotionally, some in tears when talking about how the court system has treated them in their effort to be a part of their children’s lives. I stood motion-less with tears in my eyes.
Some of their stories were gut wrenching. When their segment was complete, each guy took a minute to compose himself, before stepping off the set. One gentlemen looked at me and said, look at me and say, “Thank you.” I replied to one dude, “What are you thanking me for?” He said,
“For most of us, this is the first time that we’ve been given a platform or a voice to share our frustrations and challenges in a way that may matter. We’re good guys. We’re not criminals. All we want to do is see our kids.”
These men did not know each other and yet, they hugged each other knowing that they were part of a brotherhood. This movie created by Janks Morton, the man I affectionately describe as coming to this earth from Mars because of his ability land and place topics before us with facts and figures that require a national conversation.
This film shows that custody is not a RACE issue. It’s a FATHER issue!