Preponderance of Evidence Standard
Under some circumstances use of the low preponderance of evidence standard may be a violation of constitutional rights. For example, if a state seeks to deprive natural parents of custody of their children, requiring only proof by a preponderance of evidence is a violation of the parents’ DUE PROCESS rights (Santosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388, 71 L. Ed. 2d 599 ).
Freedom in matters of family life is a fundamental liberty interest, and the government cannot take it away with only a modest evidentiary standard.
However, a court may use a preponderance of evidence standard when a mother seeks to establish that a certain man is the father of her child (Rivera v. Minnich, 483 U.S. 574, 107 S. Ct. 3001, 97 L. Ed. 2d 473 ).
Most states use the preponderance of evidence standard in these cases because they have an interest in ensuring that fathers support their children.
Men: construction workers, college professors, computer salesmen. In the suffocating dark of a tepee, squatting on naked haunches by a mound of sizzling rocks, they re-enact the sacred rituals of the Sioux and Chippewa, purifying their souls in the glandular fellowship of sweat. Men: media consultants, marketing consultants, media-marketing consultants. With hands cramped from long hours at their keyboards, they smack in happy abandon the goatskin heads of their drums, raise their voices in supplication to west African tribal gods more accustomed to requests for rain than the inchoate emotional demands of middle-class Americans. Men: Jungian therapists, substance-abuse counselors, Unitarian ministers. Mustaches quivering with freshly aroused grief, they evoke the agony of drunken fathers, of emasculating bosses, of a culture that insists on portraying them as idiots who would sneeze them selves to death if their wives didn’t come up with the right antihistamine. Yes, men. What teenagers were to the 1960s, what women were to the 1970s, middle-aged men may well be to the 1990s: American culture’s sanctioned grievance carriers, diligently rolling their ball of pain from talk show to talk show.Seeking no more and no less than legal equality and genuine equity under the law
These are exciting times: the men’s movement is dawning, the first postmodern social movement, meaning one that stems from a deep national malaise that hardly anyone knew existed until they saw it on a PBS special. The show was “A Gathering of Men,” Bill Moyers‘s 1990 documentary on the poet Robert Bly. Bly’s is a voice in the desert of America’s backyards, calling for the missing father – the father whose indifference, abuse or alcoholism has permanently wounded his sons. The broadcast “gave shape to the disconnected, rambling conversations that had been taking place all over the country,” Moyers says. Since then, Bly’s new book, “Iron John,” has spent 30 weeks on the best-seller list, a stunning achievement for a cross-cultural analysis of male initiation rites.
Another current best seller is Sam Keen‘s “Fire in the Belly,” a book about what American men lack. There are at least two national quarterlies devoted specifically to the movement – MAN!, with around 3,500 subscribers, and Wingspan, with a (free) circulation of more than 125,000. And the past year has seen a flurry of interest in new general-interest men’s magazines, including a failed venture by Rupert Murdoch and Rolling Stone’s soon-to-be-published Arrow. Hundreds of men’s groups around the country – 163 in the Northeast alone – sponsor hundreds of conferences, workshops, retreats and gatherings. If the epiphenomena of the men’s movement seem a trifle outre – wanna-be savages banging drums in the moonlight on weekend camp-outs – this was no less true of the women who ignited the feminist movement with the flames from their own burning brassieres.
And it is a movement about which hardly anyone can feel neutral. Many men have found a weekend retreat to be a profoundly moving and impressive experience. Among them is Quinn Crosbie, the 49-year-old director of New Start, a counseling center in Santa Monica, Calif., who had his first ritual sweat this month at a men’s retreat in Topanga Canyon: “We were chanting and sweating and screaming and hollering. It was fun and uplifting because it involved prayers and a lot of affirmation. People talked about pain.” Many other men, of course, regard the chance to spend several hours talking about pain as a great reason to see a movie instead. “Thank God I haven’t spent any of the ’90s on either coast,” says Chicago lawyer Tom Lubin, who welcomes men’s retreats as a chance to stay in the city and meet the women left behind. “Before I heard about this trend, I was thinking of moving.”
What the movement doesn’t have, at least not yet, is a serious political or social agenda. There are groups working to make divorce and custody laws more favorable to men, but it would be a mistake to think of the men’s movement as merely a political response to feminism. White men cannot plausibly claim to be underrepresented in the upper echelons of American society. Nor is the movement concerned with the quotidian lives of men in relation to their lovers and families. It is not about taking paternity leave, taking out the garbage or letting one’s partner come first. The movement looks inward. It seeks to resolve the spiritual crisis of the American man, a sex that paradoxically dominates the prison population as overwhelmingly as it does the United States Senate. “The women’s movement has made tremendous strides in providing a place for women in the world,” says Eric McCollum, who teaches family therapy at Purdue. “The men’s movement is going to provide a place for men in the heart.”
CAUSES.COM/CHILDRENSRIGHTS — October 5, 2013 at 4:23 PM ~~
By Darby Jay @ Target Children Parents Relatives Society –
“I am a father…Not a deadbeat…Not a coward…Not a man that runs away from being a father, or a deserter of my own flesh and blood. Not a sperm donor or a court appointed ATM, but a Father in the purest form of the word. And while choosy “Moms choose Jif”; I sit, at 3:05 am holding the hot hands of a sick 7 year old princess. But that’s my job. Because…I am a Father.
I would speak to my daughter while she was in utero. She would respond with little kicks and from the womb…we interacted, and hadn’t even seen each other yet. When you immediately accept that, even before your child takes its first breath, you are already a Father; you immediately begin to bond with your child. (I am a Father)
The Family Law Court System as a whole, and it’s Judges, destroy the lives of children and in turn entire families by violating a Father’s right to “Due Process” and “Equal Protection” under the law. But we’ve known that for decades. Anyone that thinks or believes that there is “Due Process” for Fathers in the Family Law Court System should be placed in a padded room and heavily sedated. Why is it ok for Fathers to miss their children? Why is it ok for a Father to be sick and wrapped in worry? Why is it permissible for “Non Custodial” parents to start legal proceedings at an immediate disadvantage? Why is there no legislation in place to safeguard Fathers that are being swept in amid the men that make us all look bad? We are judged before the first hearing? It physically hurts on days (that) I don’t have my daughter with me. “DEPRESSION HURTS!” as the commercial for anti-depressants says…right? (It hurts because…I am a Father.)
Ask yourself, what parent wouldn’t be stressed sleepless concerned about their child? Therefore forcing time away from a parent and child would reasonably cause a great deal of stress and worry.. .to truly say the least. But the Family Law Court (and) its Judges are far from reasonable. Now, just imagine that you’re sitting at your desk at work, and two armed Sheriffs approach the receptionist’s desk, then your intercom buzzes, and you are then summoned to the front desk The Sheriff asks you for your name. And then politely informs you that you have been served with child support papers. And that’s just the beginning. Keep in mind that you are the same father that went through the entire pregnancy, CPR classes, ultrasounds, the Birth…ya know Dad stuff. For the record, (a sidebar really); Any man that has stood side by side, each day and night for nine months with a hormonal, morning, noon and night vomiting, habitual mood swinger knows that Fathers don’t exactly have it easy during a nine month pregnancy either. Weather you are an amazing Father, or a deadbeat looser, Family Law Court will filter your life through Hell all the same. I am a Father.
With no criminal record, never been arrested, no history of violence, domestic or other; At what point did I ask to be Non-Custodial.? There is nothing “Non-Custodial” about me! I have never needed a Court’s Order to care for my Daughter. Since when have I not been a Father? I clinch my fist and grit my teeth while, the very system set in place to protect our families not only fatally fails, but spits in my face and violates my rights.” (I AM A FATHER!)
“There is no system ever devised by mankind that is guaranteed to rip husband and wife or father, mother and child apart so bitterly than our present Family Court System.” -Judge Brian Lindsay Retired Supreme Court Judge, New York, New York
“What Social Services is good at is removing “Power” from people. When this is accomplished, then there go choices.” -Mr. Sharles Johnson
If you said President of these United States or CEO of the most iconic and “valuable” company in the world, Apple Computer, you would be very wrong. “Most powerful” or “most influential” might apply, but not “most important.”
The most important job in the world, by far, is birthing, educating, and responsibly raising children to grow into accountable, productive citizens of this planet. Parenting/mentoring is the most important job of all!
Most people pondering the question just posed would likely agree with the above answer. We are accustomed to the expression, “grass-roots movement,” a phrase prevalent in today’s news, particularly when applied to forms of social protest. Having spent seventy-four years plus as a member and active observer of the SHB, the Society of Human Beings, I conclude that the majority of mankind’s domestic and global ills can only be cured by administering a strong dose of self-help…at the grass-roots…
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