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.

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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..

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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

Bad or Inadequate Judges are a Public Hazard.

And Justice For All
primary focus on divorce, custody and guardian ad litems

Re: Judging judges: hearings on judicial appointments or reappointment.

At MeGAL we are writing you-in our role as grassroots advocates for Guardian ad litem and family court reform-about your committee’s work on judicial appointments and reappointment. You will soon be reviewing the appointment status of a number of judges. From our perspective, it is “a moment of truth” – the question being: are these judicial candidates good for the public who use Maine’s family courts?

Historically, judicial confirmation activity has been largely a series of privileged decisions by a special interest oligarchy composed of the Maine Bar and members of the Judicial Branch, with a near automatic, stamp of approval from your committee.

We would strongly argue that public users of family courts also have a vital interest in this topic. Bad or inadequate judges are a public hazard. They can cause untold cruelty and harm to families and children with bad judicial decisions. Yet, they are virtually impossible to correct or remove using judicial review procedures – just check the numbers of corrective actions yourself. We know of none.

We look to the legislature to act to remove judges with a troubled public record. As a start, we would suggest a series of questions for judicial candidates, the answers to which ought to be tied to decision making by your committee.

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Dr. King’s famous “I have a dream” speech was about being a father

What MLK Taught Me About How to Be a Dad

“We don’t take black money.”

Those were the cruel words my father-in-law, Dr. Little, heard when he was a young man at a public golf course in 1959.

“Good,” he responded. “Because money is green.”

He left his cash on the counter, turned around, and walked out the door to go play a round of golf.

Later, he and his friends were escorted away by police for playing on a “whites only” course. Rather than exploding into a violent rage, as many others would have done, Dr. Little stayed calm and held his head high during his arrest.

That highly publicized event and his example of a dignified man were instrumental in the future of the golf course, which would be integrated a few years later.

On MLK Day, I find myself reflecting on my father-in-law’s story. I am also reminded that Dr. King’s famous “I have a dream” speech was about being a father. It was about envisioning the future he wanted for his children, and then working to make that dream a reality.

“I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character,” he said.

We can all learn something from Dr. King, Dr. Little, and Championship Fathers across the globe …

More important than a man’s circumstances—his race, his socioeconomic status, his custodial or marital situation—is the way in which he handles his circumstances and envisions the future.

Do you model self-control? Do you remain calm and rational, even when others are becoming bitter … perhaps even violent? Can you hold your head high because you know you are acting like the dignified man you want your children to see?

Do you communicate to your children that the world is a good place and that the future is bright and colorful?

Or do you act as though the world is a bleak place to live?

When I think about what other fathers—black, white, Asian, Latino, poor, rich, married, divorced—have been through, I am motivated to hold the mantle just as high and to walk with dignity.

I am reminded to be mindful about what my children see through my eyes and how they envision the future.

What are your deepest longings for the world in which your children grow up? How do you want them to see you? The future?

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Calls resound to reform family court ‘fraud’

The documentary “Divorce Corp” estimates divorce to be a 50-billion dollar a year industry. With little oversight, lawyers are incentivized to keep their clients in court to make as much money as possible.

“When you have money, when you have assets, and when you have big income these big firms have absolutely positively no interest in resolving your case, even if you want to,” lawyer John W. Thatcher said in recordings obtained exclusively by PIX11.

Thatcher is a lawyer based in Clinton, N.J., who’s been practicing family law for more than 40 years. PIX11 News called and emailed Thatcher for comment, but he did not respond. In the phone recordings, Thatcher describes a system where lawyers keep their clients in the system as long as possible to reap big profits – a process known as churning.

“Everybody in the matrimonial business, all the lawyers are buddies,” Thatcher said during the phone call. “Everybody knows everybody. So if you and I are opposing matrimonial lawyers and Joe Schmo comes in with millions of dollars, you and I are like, you and I go back to the Mercedes dealership and buy another car. We know we’re going to make huge dollars and we work it with each other that way.”

Rachel Alintoff knows that system all too well. She said she lost custody of her son, who has been diagnosed with autism, when he was 2 years old without a hearing. That decision was overturned, but last year New Jersey Courts stripped her of custody again. Now she has a RICO lawsuit against Gov. Chris Christie and the State of New Jersey to change the process.

“From the moment that I stepped into the Family Court System in Monmouth County New Jersey, I was shocked at how little justice I was given,” Alintoff said.

“If you step into the family court system, you can guarantee that if you don’t have deep pockets or a politically connected law firm, you are going to have your constitutional rights denied and your civil liberties ignored,” Alintoff added.

The FCLU estimates that Alintoff’s is one of 50,000 families in the tri-state area affected by a broken family court system. Roberts said children often become pawns in the system because each state receives federal funding for every dollar of child support collected.

“So in many cases, child support is determined, child custody is determined by who is going to transfer the most money in child support and the state gets the most money,” Roberts said.

PIX11 News reached out to New Jersey Courts and asked to sit down with any of the presiding judges from the family division, but they denied our request citing the Code of Judicial Conduct. However, a spokesperson for the New Jersey Court System told us the state receives 66 percent reimbursement for the cost of collecting child support.

But exactly how that money is spent is unclear.

Former attorney Susan Settenbrino and author of the book “Unchecked Power Guide: The Entrenched Power and Politics in the New York State Court System” said that’s because the disciplinary committees are not doing their jobs.

“There is no meaningful oversight or accountability within our court system,” said Settenbrino. “Not over the $2 billion budget, not over the manner in which judges and attorneys behave. And it’s really gotten to the point where we have, I believe, a very dangerous system that is compromising the lives of the families.”

New Jersey Courts also pointed us to a study that shows 91 percent of divorce cases in New Jersey are closed within 12 months. But Settenbrino said families shouldn’t be there in the first place.

“The family should never have to go through a court system because what’s going on is their being destroyed economically, emotionally, mentally, and for what?” she said.

So with so much at stake, Roberts said the reform needs to come from a higher power.

“The federal government needs to step in and make corrective actions just as they did with the Veteran’s Hospital Administration Association. It is not going to be solved at the state level because they are all in cahoots,” Roberts said.

The FCLU has filed a complaint about the system with the Federal Trade Commission. PIX11 News reached out to the FTC for comment, but a spokesperson told us they could not comment on ongoing cases.

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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.

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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

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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.

Attachments area

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!

Should People with Multiple Personalities or Dissociative Identity Disorder Be Parents?

we-lose-20163

Excerpt
Arcadia Child My photos that have a creative c...The voices of children raised by a mother who claims to have multiple personalities is barely a whisper. The Psychology Industry is responsible for conducting research and insuring that mental health care is safe and effective but in the instance of multiple personalities, professionally referred to as Dissociative Identity Disorder or DID,  researchers lag way behind in connecting science to this mental malady that remains one of the largest debacles in the industry according to Paul McHugh, M.D., former head of psychiatry at Johns Hopkins University, USA.

iINGUANZO V. ROSE - CAUSES 2015

The Family Court is WRONG!!The wheels of research is known to pump out information about mental illnesses rapidly, but is lagging behind on studying the long-term effects of what I refer to as Generation Two meaning the children of parents who suffer from multiple personalities.

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We must stop turning children against divorced fathers – Telegraph

Thousands of divorced fathers are eliminated from their children’s lives because of the ‘implacable hostility’ of mothers with custody, writes Neil Lyndon

‘The normal prejudiced assumption is that a mother will give children kindly care while a feckless father swaggers off over the horizon’ Photo: Alamy

From The Telegraph

The story made headlines last October. Left-field events like this happen so rarely that they almost always get onto the front page.

A High Court judge in London ordered that a 10 year-old girl should be removed from her mother’s care because the girl had been systematically estranged from her father by her mother’s “ranting” against the man.

Ruling that the mother’s conduct was manifestly harmful for the daughter and contrary to her long-term interests, Mrs Justice Parker observed that the child had been manipulated into believing that her father did not want her; and she ordered that the girl should be taken into the care of social services as a half-way measure towards placing her in her father’s care. The court heard that the girl was likely to be resistant to being reunited with her father without such interim measures.

To the national media, this story stood out as an extraordinary moment, reversing normal prejudiced assumptions that a mother will give children kindly care while a feckless father swaggers off over the horizon.

Men’s and fathers’ groups saw the case in a different light, however. To them, it reflected a phenomenon that they see all too frequently – the elimination of fathers from their children’s lives by unmitigated, unscrupulous demands on the children’s loyalty on the part of the mother with custody, along with the unremitting denigration and belittling of the father.

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Family Court Judge Manno-Schurr Reversed Again For Not Knowing The Law

sign_the_petition Stand up for Zoraya 2015Judge Manno-Schurr: Reversed again for not knowing the law – United Auto Courts Reports

Bad Judges - 2015

Valerie Manno-Schurr has made a habit of being reversed in her first term as Miami-Dade Circuit Judge. The latest instance was on Feb. 29, when the Third District Court of Appeal determined that she erred in a dispute over a homeowner’s insurance claim. Judge Manno-Schurr has been reversed many times on cases taken to appeal. As of late 2011, about 45% of her decisions were sent back to her to fix a legal mistake.

Does she deserve re-election this fall?

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FAMILY LAWYERS LISTEN UP!!!!   THE SUPREME COURT REQUIRES YOU TO COOPERATE

Attention arsehole attorneys (unfortunately you usually don’t know who you are unless you wear it as a badge of pride, in which case you truly are an arsehole), now the Supreme Court requires you to — gasp — cooperate with opposing counsel:

Effective December 1, Rule 1 now provides that the Civil Rules “should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”

So don’t throw around accusations of misconduct that are merely projections of how you would handle the situation, or seek to delay or game the system because that is what you believe “zealous advocacy” requires.

Even more shockingly, try to actually think about how to achieve the “just, speeedy, and inexpensive determination of every action” even if you have huge overhead at your Brickell offices, and in general don’t be a d#$k.

Is that so hard?

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Faces of the Family Court Crisis | Family Court in America


Visit the post for more.

Source: Faces of the Family Court Crisis | Family Court in America

Family Law Reform - 2015