Families will be destroyed under the guise and by immunity bestowed upon Family Court Judges

PRESS RELEASE: Bill Scheidler, candidate for representative, district 26, position 1, states his platform | Corrupt Washington

This is the vicious cycle of corruption, which can be illustrated as follows.

Until VOTERS want an honest government where the rule of law prevails, taxpayers will be asked to pay for incompetence, corruption, over regulation, poor schools, substandard wages, dwindling jobs …; families will be destroyed under the guise and by ‘immunity bestowed upon child protective services, court ordered guardianship, probate and bankruptcy …; individuals will be abused by prosecutors, police and local government entities; and business will be regulated OUT OF BUSINESS.

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Fathers for Equal Rights! #FatherlessDay

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What Is A Divorce?

di·vorce – dəˈvôrs/  noun ~ the legal dissolution of a marriage by a court or other competent body.
  1. verb ~ legally dissolve one’s marriage with (someone).

law-firm-ppt-4-6388

A divorce can be many things. It is a legal proceeding to end a marriage. Divorce laws differ from state to state regarding the requirements and reasons or grounds for a divorce. The mechanisms and procedures for obtaining a divorce differ from state to state as well. In every state there is a legal requirement that a divorce proceeding be filed to end the legal marriage between a couple.

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Lawyers and Bureaucrats Get Child $upport Billions

Billions in Child Support Going to Lawyers and Bureaucrats | Leon Koziol.Com

Public Apathy and Lack of Accountability in Family Court are Damaging Our Children

REFORM CHILD SUPPORT NOW FLORIDA - 2016

While federal and state prosecutors focus on high profile politicians for public accountability, our third branch of government remains self regulated and largely overlooked. As a result, parents, children and extended families are being fleeced by lawyers and third party beneficiaries every day to unconscionable levels. It’s all part of a lucrative child control industry.

Consider the recent custody case reported by the New York Post involving Dr. Eric Braverman, a highly committed father and respected neuro-surgeon in Manhattan who spent more than $4.5 million in an unsuccessful attempt to retain a meaningful relationship with his children. A judge-appointed attorney for those same children went to horrendous lengths to pervert this man’s efforts with fees approximating a half million dollars.d5ba7-florida2bchild2bsupport2bsystem2breform2bcyber2bprotest2b-2b2016

Now come on folks, let’s not lose sight of sanity here! How can one lawyer acting on behalf of immature and unsuspecting children be worth so much on a single case? Was this lawyer truly committed to “client” interests or was he seeking to justify his gigantic personal pay-out for a dubious role in a sensitive matter?

More disturbing, while this lawyer was busy racking up billable hours in his agenda against the father, those fees were being exacted from the same children’s college funds. Once again, it all goes back to our earlier posts warning followers of Leon Koziol.com that no amount of fees is enough once you enter divorce and family court.We even offer a program to convince would-be victims to choose mediation, counseling and alternative resolutions.Enforce Visitation NOT Child Support - 2016

Compounding this uncontrolled greed is the lawyer glut entering the market. There are more than 1.25 million licensed attorneys in the United States today with about  300,000 in California alone and at least that many seeking a law school education each year. These people have to work somewhere and the bureaucrats are making room for them in family court. This is where apprentices typically learn their trade and marginal lawyers can concoct litigation to last an entire career.

The public is generally unaware that our federal government rewards the states by the number and magnitude of support awards generated in their family courts. It doesn’t take a rocket scientist to conclude that such incentive grants make the decision makers inherently biased against fathers.  Support obligations are artificially hiked through such judge-created fictions as imputed income. Fathers comprise 82% of support debtors per our Census Bureau. Child Support - 2014

To give an appearance of ethics, many states impose rules which prohibit lawyers from executing contingent fee arrangements in domestic relations cases. However, exceptions have been crafted which allow them for support collection purposes. This gets very interesting when you look deeper into the deceptions and the greed.

Think of it! A lawyer can now charge thousands of dollars in up front fees and billable hours during protracted litigation and then double dip on the back side by getting a third of the actual support intended for the children. The state typically gets all the interest generated off these awards in addition to a custodial fee and the federal incentive money.

In New York, the tax department is assigned support enforcement authority. In effect the state is intervening with all its machinery on the side of the so-called “custodial parent” while no similar powers are offered to the lower class parent to remedy child access deprivations. It prompted one state Supreme Court justice to question the state’s involvement in a private debt between self sufficient parents.

If you’re a debtor, you could be charged with your lawyer’s fees, the children’s lawyer, opposing fees, the contingency collection fee and court costs such as counseling, supervision and “parent education” as they call it. In countless cases, particularly those involving veterans and minorities, the debtor fathers will never be able to complete their servitude, landing them in debtor prisons. This will only add to our tax burdens and a dubious distinction as the most imprisoned population in the “free” world.

This kind of piling-on caused one police investigator to commit a murder-suicide, leaving three children without parents and city taxpayers with a $2 million liability. Nowhere in the civil rights case will you read about this father leaving support court living on $28 per week, see Pearce v Longo, 766 F. Supp. 2d 367. It begs the question: what would make a law man resort to such extremes after following the “proper” channels?

We’ve been doing our best to inform you of these alarming developments because the media is ignoring this crisis. But we cannot continue to do so without your financial support in a war against a trillion dollar industry. Public apathy has allowed this to happen along with the lawyer greed shockingly rationalized to be in our children’s best interests. It is a gold mine of unparalleled proportion that is causing so many of our social ills today.

And who pays for that?

By Dr. Leon R. Koziol

Please help us by sharing this post with friends, contacts and media:

Petition to Congress: Family Court Corruption and to Abolish Title IV-D Funding from States to have incentives to illegally courtnp children, CPS corruption, judicial corruption

Source: Billions in Child Support Going to Lawyers and Bureaucrats | Leon Koziol.ComChild Support Truth - 2015What child support looks like - 2015

The Evidence Standard To Fight Corrupted Family Courts

Evidence - 2016Preponderance 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 [1982]).Due Process Right TFRM - 2016

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 [1987]).

Most states use the preponderance of evidence standard in these cases because they have an interest in ensuring that fathers support their children.Child on the stand - 2016

Fight Corrupted Family Courts and CPSStop Gender bias and discrimination in Family Courts - AFLA Blog 2016

via Preponderance of Evidence Standard | Fight Corrupted Family Courts and CPSParental-rights (1)

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Justice Department warns local courts about illegal enforcement of fees and fines. ~ ABA Journal

I would have not needed nine pages and $2.5 million in grants to write that letter.
Dear Colleagues:

We’ve at the US Department of Justice (yes “Justice” is in our name) observed that many of your, particularly judges municipal and local JP courts have been violating the US Constitution US Supreme Court precedent (which given your position, you should already know) by incarcerating and/or extorting the indigent for fine money to fill your jurisdictions coffers, and doing so without proper legal, constitutional hearing, or providing legal counsel to the accused.

AS OF NOW YOU ARE ON NOTICE THAT THAT WILL STOP IMMEDIATELY !!!!!

Outlined in items 1-7 are various precedents which we at the DOJ have become aware that you may be violating. Being a “judge” you can look up the case cites yourself. (Again something that you should already be aware of and know how to do.)

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Judicial Accountability Coup d’Etat in America

HARVESTING JUSTICE starting with the Low Hanging Fruit Opt-in USA NFJA - 2016Low 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.

Our goal is appropriate judicial accountability. There should be substantive and procedural mechanisms by which it is supplied on a case-by-case basis in America. And, of course, America is no stranger to appropriate judicial accountability. But many (too many) Americans are denied that measure of good government. Yet that injustice should not and, in fact, cannot be our Swan Song. We are not swans. We are Phoenixes!
  • 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!

Family Court Judges2 - 2016

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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 back and get your kids back NOW!

Fight Corrupted Family Courts and CPS

Fight back and get your kids back NOW!

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How to SueJudge

Has a judge violated your constitutional rights? Have you been discriminated against by being treated differently than other people in similar situations by reason of race, religion, national origin, gender, sexual preference or political opinion? Have you lost certain rights without a meaningful hearing or even an opportunity to be heard?

Have you been deprived of any other constitutional protection? Have you been subject to Court action for the purpose of intimidating you from exercising an opinion, or practicing your faith? Don’t let them get away with it.judging the judges

Although it is almost impossible to recover monetary damages from a judge (unless you can prove he or she acted ultra-vires beyond his or her legal jurisdiction) it is in fact possible to obtain relief in equity against a judge through civil rights actions. Equitable relief includes:

  • declaratory relief – (rulings by another judge in the form of opinions establishing the constitutionality or lack of constitutionality of another judges actions.)
  • injunctive relief – a command or order to do something or refrain from doing so.

As a general rule, however, judges cannot be held liable for money damages for acts done in the exercise of his judicial function, within the limits of his jurisdiction, no matter how erroneous, illegal or malicious his acts may be. (48A Corpus Juris Secundum §86) A minority of decisions have held that if an inferior judge acts maliciously or corruptly he may incur liability. Kalb v. Luce, 291 N.W. 841, 234, WISC 509.

Federal Civil Rights statutes, and possibly Bivens actions, appear to offer the best path for redressing constitutional grievances with state and federal judges, respectively, in Federal Court. As a practical matter, such cases will usually be brought by pro se litigants. Neither the politics nor economics of law practice permits lawyers to pursue such cases nor makes them affordable except to a small elite of citizens.Code of Judicial Conduct - 2015

However, lawyers who do successfully sue state judges in federal court in Title 42 U.S. Code § 1983 cases can recover attorney’s fees from judicial defendants provided they can show time sheets kept contemporaneously with their work.

judge You Failed - CRBlog2016

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Child custody and visitation; the relationship continues

What is your stance on equal constitutional parental rights for all parents and any needed reforms to the family law system to ensure them?

Civil Rights

Who is going to have custody of children when the couple separate or divorce? This decision has to be made along with, how the children will be taken care of and the visitation, the how of each parent spending time with the children. Relationships cause connectedness and there are orders to abide by. There are two types of custody orders.

There is Legal custody. The parent who has the custody will be important decision maker about the child’s health care, doctor, dentist, orthodontist, psychiatric, mental health counseling, therapy,education, religious activities or institutions, welfare, school, childcare, sports, summer camp, vacation, or extracurricular activities, travel, and place of residence.

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