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| "Knowledge is power" ~ Francis Bacon |
Denying Dads Access To Children
Whether a man is dealing with a divorce or paternity case, it is very important to learn his rights, and responsibilities. Further, what steps a father should take to avoid going bankrupt paying legal fees on top of child support that are out of line with the ability to survive financially. The sections below will provide you with indexed links designed to teach you everything you need in dealing with Family Law issues.
Children of Separated Parents
Chapter 1: Table of Contents
In all the turmoil that surrounds the problems of separating, or separated parents, often the needs and desires of the children become lost. As much as possible, the children should not become a part of what is happening between the parents. They already have enough challenges ahead of them, even if they do not know it. Click here for a video preview of the chapter.
Children of Separated Parents
Lacking Two Parents In The Home
Kids & Divorce: For Better or WorseLacking Two Parents In The Home
Video: Fatherless America
Results Of Fatherless Family Statistics
Desires & Needs
A Child's Bill of Rights
Beginning Vocabulary
50 Phrases To Encourage Your Child
A Child's 10 Commandments To Parents
The 10 Do's Of Disciplining A Child
Reading Corner
Fatherless & In Need Of Immediate Intervention
Lead
Preface
Introduction
The Problem
Current Policies
Recommendations
Comments
School Records
Federal RegulationsWhat The Regulations Mean To You
Questions & Answers
Sample Letter To Request School Records
StepParents
Second Wife ClubLiving In Step-Families
Understanding Your Answers
Reading Corner
Stepparent's Right To Custody Or Visitation
Child Support & The 2nd Spouse's Income
Stepfamilies on YouTube
2nd Wife Club Store
Our Youths & Teenagers
What Boys Do Not Learn In Sex EducationWhen Does The Child Deserve the Same Rights As A LEGAL ADULT?Teens Earning Money In This Economy
Right Age To Get Married
Writing Letters
Writing Legislators About Issues Facing FathersSample Letter To Legislators
Writing Editorial Letters
Includes Editorial Letter Links To Top 100 Newspapers
Useful Links
All Children Deserve Two Parents
Georgia Supreme Court Chief Justice Leah Ward Sears has noted, children born to unmarried women and to those in cohabiting relationships "must often overcome increased risks of poverty, education failure, child abuse, delinquency, emotional distress and mental illness....the lack of a father's guidance in children's lives is a major cause of their suffering. "Marriage is the best child welfare, crime prevention, anti-poverty program we have".
Circle of Life
Telling a teen that their life will not end by waiting until they are mature for making adult choices.
Divorce
NonTraditional Families, & Its Consequences For Children
Fatherless America
"Ominously, the most reliable predictor of crime is neither poverty nor race but growing up fatherless." Fortune Magazine
Fatherless America:
Confronting Our Most Urgent Social Problem
HELP!!!
Parents Are Separating
Our Parents Are Breaking Up What Will Happen To Us?
Kids & Divorce: For Better or Worse
PBS Special
Writing Letters
Writing Letters
Writing Legislators About Issues Facing Fathers
Sample Letter To Legislators
Writing Editorial Letters
Includes Editorial Letter Links To Top 100 Newspapers
Getting Started
Chapter 2: Table Of Contents
With Knowledge Comes Power!
With Power Comes Rights!
With Power Comes Rights!
By educating themselves, fathers can learn how to put together the needed materials, and evidence, to further their case, plus how to pick the right attorney with whom they can work as a team with a common goal. In far too many cases, a father will hire the first attorney they see, without conducting a thorough interview, and without first preparing materials to streamline the process, and avoid extensive legal fees. Click here for a video preview of the chapter.
Chronological Statement
Preparing the way before speaking to an attorney.
Recording Conversations
Using technology in the many states that allow it.
Can We Tape?
Listing of State Laws
Attorneys & You
Chapter 3: Table Of Contents
One of the most important decisions you will need to make is choosing an attorney to work with you in attaining your goals. Your success in and out of the courtroom is crucially dependent upon the skills of your attorney. The outline below is intended to serve as a guide to consider in finding and working with a good attorney (male or female). Click here for a video preview of the chapter.
Family Law Attorneys & You
Interviewing -- Interviewing - To Be, Or Not To Be: Pro Se
Representing Oneself In Court Help Yourself Divorce
Family Law Terms
Court Watchers
Maintaining Honesty In The Courts
Request For Continuance Of Court Date
How to File Criminal Charges for Perjury
Cornell Law Library
Available for research
Divorce
Help
Chapter 4: Table Of Contents
DIVORCE!!! The Wretched D-Word
Any man faced with the possibility of a divorce is looking around wondering what they need to do first, asking themselves:
Do I need to immediately hire an attorney?
Will I be removed from my home?
What will happen to my child(ren)?
Will I lose everything I've built? Click here for a video preview of the chapter.
Any man faced with the possibility of a divorce is looking around wondering what they need to do first, asking themselves:
Do I need to immediately hire an attorney?
Will I be removed from my home?
What will happen to my child(ren)?
Will I lose everything I've built? Click here for a video preview of the chapter.
Divorce & DadsFirst Aid KitInitial Precautionary ActionsFinancial DocumentsEvidenceExpense & Income InventoryDiscoveryCustody & Access: Important Days FormEstimated Monthly Living Expenses FormAlimony vs Child SupportAlienation Of Affection Lawsuit
Depression In Men & Fathers
Paternity Rights
Chapter 5: Table Of Contents
More than 40% of American children are born out of wedlock. The fathers of these children often will become involved in paternity cases to determine their parental responsibilities.
The issues of single fathers are two fold, covering those who are having children outside wedlock with a significant other, and those who have learned they are (or will be) a father by an ex, or that one-night-stand.
However, they share the same issues in that both are financially responsible for the child, and neither have any presumed "Legal Parental Rights" to the child, even while paying child support. Click here for a video preview of the chapter.
Paternity: What Men Need To Know.
A Fathers Rights Movie
You & Your Unborn Child
You & Your Ex
How To Deal With A Claim of Paternity
A Paternity Order Request
Completing a request for an Order of Paternity when you suspect a child is yours.
A Petition To Determine Paternity
Depression In Men & Fathers
Giving Up Parental Rights
PreNatal Testing For Paternity
Should There Be Mandatory Paternity Tests On All New Births?
Challenging An Already Established Child Support Order Due To Non
Paternity
Safe Haven Laws & Single Fathers
Is Getting A Vasectomy Right Out Of High School The Answer?
Married Girlfriend Is Pregnant By Me, What Happens Now?
A Consequence Of Cheating
Mediation
Chapter 6: Table Of Contents
Mediation of custody and visitation conflicts involve a process of short term counseling and may be ongoing, with a specific aim of helping separated parents resolve the emotional issues which prevent them from reaching satisfactory agreements regarding their continuing relationship with their children. An uncontested divorce or paternity action need not require the hiring of two attorneys. Using a Certified Mediator, a detailed agreement can be developed.Click here for a video preview of the chapter.
Mediation In Family Law Why Use A Mediator? Mediation Objectives Sample Agreement What You Should Know The Lawyer's Role Rules & Guidelines
Father Custody
Chapter 7: Table Of Contents
Many think the courts are rigged against dads, but the reality is more about attorneys unwilling, and/or lacking the knowledge, to truly represent a father. This is why it's important to learn how to interview and hire the right attorney. It is also important to learn what you can do on your own, rather than spending thousands of dollars paying an attorney to do the prep work.Click here for a video preview of the chapter.
Child Custody Father Custody Of Their Children-Can They Win?
Contested ConsiderationsBasic Procedures To Be DemandedConcepts To Be Made ApparentExpert WitnessesSpecific Areas Of QuestioningRelationship With The AttorneyVenting Aggression, Slinging Mud, & Derogatory TestimonyRights, Duties, & Responsibility Of Each Parent
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A message about: James Cook (1924-2009)
Father of Joint Custody
Father of Joint CustodyObituary
The Case For Joint CustodyThe Psychological ViewNot Equality, But Best InterestsHow Should You Conduct Custody?
From A Plan Into Agreement Or DecreeAwareness Of Case PrecedentsPrepare For AppealJoint Custody Conclusion
Bird Nest Custody
Bird Nest Custody
Debate
When The Kids Get The House
Cooperative Parenting
Cooperative Parenting
What Is The Law
What Are The Needs Of Parents?
What Are The Needs Of Children?
Developing A Cooperative Parenting Plan
A Final Thought
Considered Factors
In A Decision To File For A Child Custody Modification
Evaluation Of Your Motives For Wanting Custody
Positive Parenting Factors
Accentuate The Positive Factors
Negative Parenting Factors
Other General Factors
Preparation
Prep & Interrogatories
Brief Background & History
Conclusion
Other Articles
Child Custody Forms and Resources
Child Removed From State
Custody: A Child's Choice
Family Court Watch: Keeping Judges Honest
Military: Family care plan change addresses custody questions
Our Family Wizard
A Final Thought
Visitation Rights
Chapter 8: Table Of Contents
Access rights to children can be a complicated issue, often with orders that leave open too much interpretation by the primary residential parent. Having a clearly defined order is very important. However, even with this, in 40% of the cases, the non-residential parent will be denied access, so learning how to also address this problem is also essential, especially how to do it without hiring an attorney.
Click here for a video preview of the chapter.
Click here for a video preview of the chapter.
Living On The Outside Looking In
Rights Of Non-Custodial Parents
Parents Living Less Than 100-Miles Apart
Parents Living More Than 100-Miles Apart
General Terms & Conditions
Denial of Access
Faking Separation Anxiety
Grandparent Rights
Child Refusing To See Other Parent
Rights Of Non-Custodial Parents
Parents Living Less Than 100-Miles Apart
Parents Living More Than 100-Miles Apart
General Terms & Conditions
Denial of Access
Faking Separation Anxiety
Grandparent Rights
Child Refusing To See Other Parent
Child Support
Chapter 9: Table of Contents
What Child Support Payers Need To Know
Most divorced/single fathers must pay child support at some point. However, they have little understanding of the issue, nor do they fully understand how it affects their lives, and the lives of their children. They lack the knowledge of all their options, AND RIGHTS. Click here for a video preview of the chapter.
Most divorced/single fathers must pay child support at some point. However, they have little understanding of the issue, nor do they fully understand how it affects their lives, and the lives of their children. They lack the knowledge of all their options, AND RIGHTS. Click here for a video preview of the chapter.
- (Complete copy in PDF Format)
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For Non-Custodial Parents (html format)
Child Support Jurisdiction
New Child Support Claim
Retroactive Child Support
Child Support Modifications
Departing From Child Support Guidelines
IRS Child Tax Credit
When Does Child Support End
Contempt Of Court For Non-Payment
Child Support & The 2nd Spouse's Income
How Does Having Another Child Affect Child Support?
Child Support Fraud-You're Not The Dad!
Child Support Is Not Being Spent On The Kids
Does Child Support Change If The Custodial Parent Gets A Raise?
If a father is unemployed AND ACTIVELY LOOKING FOR WORK, and if that father is imprisoned on contempt of court for non-payment of child support, then the sentencing Judge has done NOTHING to alleviate the father's inability to pay. Instead, the Judge has aggravated the situation by denying the father the ability to seek employment. If the judge is not a part of the solution, he is a part of the problem.
Chapter 10: Table Of Contents
Falsely accusing a former spouse of abuse, whether domestic or child abuse, is a common tactic in the Family Court System.
Don't be surprised if your ex throws this one at you. Given the current political and social attitude towards child abusers. It has become a witch hunt to eradicate these animals from our society.Click here for a video preview of the chapter.
Manipulating The Courts Through The Use of False Allegations
Dealing With False Accusations of AbuseWhat If You Think Your Child(ren) Is Being AbusedIf Accused Of AbuseDefending AgainstThe System: What You're Up Against
Domestic Violence- Men Don't Tell
- About Being Abused On March 14, 1993, CBS aired "Men Don't Tell," a TV movie about domestic violence starring Peter Strauss and Judith Light. The twist:...
- Other Face Of Domestic Violence
- Male Victims Domestic Violence and Abuse can happen to anyone, yet the problem is most frequently overlooked, excused, or denied when men are the victims.
Amazon Reading Corner
Fathers' Rights: Hard-Hitting & Fair Advice for Every Father Involved in a Custody Dispute
Amazon Price: $0.73 (as of 03/15/2012)
They're Your Kids Too: The Single Father's Guide to Defending Your Fatherhood in a Broken Family Law System
Amazon Price: $11.83 (as of 03/15/2012)
Taken Into Custody: The War Against Fathers, Marriage, and the Family
Amazon Price: $9.99 (as of 03/15/2012)
Custody for Fathers: A Practical Guide Through the Combat Zone of a Brutal Custody Battle
Amazon Price: $15.71 (as of 03/15/2012)
"Practicing acts of parental alienation (1.) violates basic fundamental rights of the child or adolescent to have healthy family interaction and family life, (2.) prevents (the child's) affection and emotions from happening in relationships with (both) the parent(s) and (both) the family group(s). It is moral abuse against the child or adoloescent and breach of the duties that are inherant to parental authority and or that stem from guardianship or (parental) custody". ~ Ley do Brasil
Is there anything science should not try to explain? Science is knowledge and knowledge is power - power to do good or evil. Sometimes ignorance is bliss. ~ Paul Davies
Read moreRead moreWe give you the facts. I told you information is power - knowledge is power. We can't be in an ideological battle to redeem the soul of this country if we don't have the facts. ~ Tavis Smiley
I think in the NFL knowledge is power, and you try to get the knowledge by whatever means. ~ Steve Sabol -- Read more Kids are smart. Knowledge is power. Let them figure things out. Don't turn into that grown-up who they won't come to. ~ Lauren Myracle -- Read more
PRO SE RIGHTS:
ReplyDeleteBrotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.
Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.
Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."
NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."
Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."
Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).
Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."
Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."
Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."
Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."
7 Steps for Managing Awful Opposing Counsel -
ReplyDelete“Honestly, based on the dealings I’ve had so far, I dislike the other attorneys more than the opposing spouse! Why do attorneys have to make everything so personal?”
The guy who said that practices family law in Florida, and I couldn’t agree more.
You’ve had the same experience. The opposing counsel is making you miserable. You are not alone.
My friend in Florida asked, “How do you deal with attorneys like that?”
I’ll attempt to answer. However, I’ll warn you now that there isn’t a secret formula for these situations. There isn’t a perfect solution for dealing with these difficult humans.
When I’m dealing with one of these lawyers, I assume that we’re in for the long haul. These folks typically drag out every element of the case.
How to Never Let Your Clients (Or Opposing Counsel) See You Sweat
Here’s my advice:
1. Accept it. Accept that they are who they are and that you can’t change that reality.
2. Be normal. Make every effort to resolve your cases as amicably as usual. Be yourself. Don’t let their anger, hostility, and bad behavior change you. Don’t spend any special time or effort coming up with some magic plan of action because it’s not likely to work, and it only raises your clients’ expectations.
3. Explain the increased expense. Tell your clients that you’re likely to go to trial. Explain to the clients how this sort of behavior works in these cases. Explain that it drives up the costs and that they’re in for a long, expensive battle unless they want to concede now and be done by taking a grossly unfair deal. Help your clients understand that a bad deal is a choice some people prefer when compared to letting opposing counsel drag things on forever. Do a cost/benefit analysis with your clients.
4. Inoculate yourself with your clients. Tell your clients they’re going to have doubts about the quality of your representation and the fairness of the process. Help the clients understand that opposing counsel is acting in an effort to have that impact. Explain that opposing counsel’s bad behavior undermines confidence in you, and that’s the intent. Explain that it makes clients feel out of control. Predict the future for your clients—a future filled with ugly comments, unpleasant interactions, and protracted litigation. Help your clients understand that ultimately, the outcome will still be fair and reasonable.
5. Avoid emotional counterpunching. Make no effort to psych out opposing counsel. Tell your clients why you aren’t going to bother. Don’t attempt to be a bigger jerk than they’re being. Try not to engage in the crazy behavior. Moving forward with the process is the only agenda.
6. Get ready for trial. Keep moving your cases forward. Always have an event on the calendar. Assume you’re going to try these cases, and don’t get sucked into the endless insanity of unproductive settlement discussions.
7. Get it over with. Try the cases. Your clients need finality. They need it to be over. You’ve prepared them for the inevitability of a long, hard slog, and they know it ends with the judgment of the court. Push it forward and get it finished. That way, neither you nor your clients will have to deal with these difficult humans any longer than necessary.
As I said earlier, there isn’t an easy solution for these most difficult lawyers. Just do the job and accept that they make the process inefficient, expensive, and unpleasant. By pushing forward and disconnecting from the aggravating insanity, you’ll survive this case and be ready for the next one. Unfortunately, you’ll likely have another case with these same lawyers and have to deal with their negative behavior again down the road.
If knowing that you’ll have to deal with these people over and over is something you can’t tolerate, then sadly, this work may not be for you.
Review from the late Carl Fredrich, founder of the American Pro Se Association
ReplyDelete2012 ~
" "How to Win a Lawsuit Without Hiring a Lawyer" is a very informative book -- and for those who find themselves in certain circumstances it can be said to be indispensable. The book might be more appropriately entitled: "Pursuing A Lawsuit Without A Lawyer: Even Against the Authorities." This book, as far as we know, is the only simplified low cost resource addressing an area of increasing need -- where one's rights have been trampled or denied by police or other officials and how you can do something affordable about it. The book actually contains an enormous amount of information and legal theories and specific instructions on how to proceed with respect to a number of issues.
Considering it is a generic law book written to address both Federal and all 50 states laws, it possesses both the advantages and drawbacks inherent in covering so much territory. The book also addresses this difficult problem and stresses the need to consult specific state statutes and/or the necessary specific information on any administrative law forums should they be applicable. (These are often called 'administrative law court' but they are really central panels of the administrative branch -- not judicial branch of government.)
“Justice is a part of the human makeup. And if you deprive a person of Justice on a continuous basis, it’s really an attack (and not to get religious or anything) but it’s an attack on the human soul. We have, as societies, evolved ideas of Justice and we have done that because human nature needs Justice and it needs resolution. And if you deprive somebody of that long enough they’re going to have reactions…” ~ Juli T. Star-Alexander – Executive Director, Redress, Inc.
ReplyDeleteRedress, Inc. 501c3 nonprofit corporation, created to combat corruption. Our purpose is to provide real assistance and solutions for citizens suffering from injustices. We operate as a formal business, with a Board of Directors guiding us. We take the following actions to seek redress: Competently organize as citizens working for the enforcement of our legal rights. Form a coalition so large and so effective that the authorities can no longer ignore us. We support and align with other civil rights groups and get our collective voices heard. Work to pass laws that benefit us and give us the means to fight against corruption, as is our legal right, and we work to repeal laws that are in violation of our legal rights. Become proactive in the election process, by screening of political candidates. As individuals, we support those who are striving to achieve excellence, and show how to remove from office those who have failed to get the job done. Make our presence known through every legal means. We monitor our courts and judges. We petition our government representatives for the assistance they are bound to provide us. We publicize our cases and demand redress. Create a flow of income that enables us to fight back in court, and to assist our members impoverished by the abuses inflicted on us. Create the means to relieve the stresses on us, as we share information and support each other. We become legal advocates for each other; we become an emotional support network for each other; we problem solve for individuals on a group basis! Educate our judges, lawyers, court personnel, law enforcement personnel and elected leaders about our rights as citizens! Actively work to eliminate incompetence, bias/prejudice, special relationships and corruption at all levels of government! Work actively with all media sources, to shed light on our efforts. It is reasonable to expect that if the authorities know we are watching and documenting, that their behaviors will improve. IT'S A HUGE TASK! Accountability will not happen overnight. But we believe that through supporting each other, we support ourselves. This results in a voice for justice and redress that cannot be ignored. Please become familiar with our web site, and feel free to call. We need each other - help us to help you! Although we are beginning operations in Nevada, we intend to extend into each state in a competent fashion. We are NOT attorneys, unless individual attorneys join us as members. We are simply people helping people. For those interested, we do not engage in the practice of law. You might be interested in this article Unauthorized Practice of Law on the Net. Call Redress, Inc. at 702.597.2982 or e-mail us at Redress@redressinc.com. WORKING TOGETHER TO ATTAIN FAIRNESS
Thanks for finally writing about > ""Knowledge is power" ~ Francis Bacon" < Liked it!
ReplyDeleteHere is my web site relationship quotes
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