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| As the Civil Rights Movement gained strength and eventual acceptance, the courts began to strike down these doctrines in favor of equal protection statutes, but the attitudes of the courts continued to favor one parent over the other, usually the mother. This attitude is supported in the statics that have remained constant over the past 20 years and show that the custody awards have continued at a rate of 85% towards the female, even with dramatic increases in female employment that have taken place since the 1970's. |
Contact Our First Lady Michelle Obama at info@messages.whitehouse.gov
Why do we remove fit parents from the lives of children every day?
Is it because the Courts have remained stuck in outmoded thoughts or is it because we have a current system of law that punishes fit parents for no wrong doing?
A single question that has yet to be answered by any legislature nationally, yet society has for years cried about the loss of fathers from the lives of the nation's children. A much talked about national problem that needs to be addressed by the individual states by the updating of their laws that deal with how the courts handle post divorce custody issues within the family. This area of law has gone through many changes over the course of time and I think that it is best that we take a brief look at the historical perspectives that have transformed over time to better understand what has happened and why we need to rethink our approaches
A Brief History and Some Influences
In the early part of the twentieth century, fathers were presumed to have "ownership" of their children based on the Common Law principles of that time. During this time, women and children were "chattel" of the male head of household. As the Suffragette movement took hold in this country and woman were given the vote and recognized as more than an object for ownership by the male, shifts happened within the thinking and attitudes towards females having custody of the child should there be a breakup of the family unit. With the adoption of the "tender years" doctrine, and later the "primary caregiver" doctrine, custody laws overwhelmingly began to favor the mother. A far distance from past thinking that had carried through until the early 20th Century.
As the Civil Rights Movement gained strength and eventual acceptance, the courts began to strike down these doctrines in favor of equal protection statutes, but the attitudes of the courts continued to favor one parent over the other, usually the mother. This attitude is supported in the statics that have remained constant over the past 20 years and show that the custody awards have continued at a rate of 85% towards the female, even with dramatic increases in female employment that have taken place since the 1970's.
Lost and often forgotten is the impact that "No-Fault Divorce" has had on the family makeup of this country. The first of these laws in this nation took effect January of 1970 when then-Governor Ronald Reagan signed California 's no-fault divorce law. I had an opportunity to speak with Dr. Peter W. Schramm of the Ashbrook Center
Read the complete article at http://www.nopeohio.org/nope_042.htm
Ray R. Lautenschlager
President National Organization for Parental Equality
440-281-5478
Issues: politics, parental alienation, family law, child protection services, civil rights and liberties
We only support organizations who show an understanding that children need both parents, and that either parent is equally capable of the choice to perpetrate hate or declare peace.
We only support organizations who show an understanding that children need both parents, and that either parent is equally capable of the choice to perpetrate hate or declare peace.
How to file complaints against Florida Judges and Florida Lawyers?
ReplyDeleteFlorida Judge Complaints
Contact the Florida Judicial Qualifications Committee. To file a complaint about a judge in Florida: http://www.floridasupremecourt.org
Write to the Florida Judicial Qualifications Committee.
Florida Judicial Complaint Mailing Address
Judicial Qualifications Committee
1110 Thomasville Road
Tallahassee, FL 32303
Telephone
850-488-1581
Florida Lawyer Complaints
Florida Bar handles complaints about lawyers in Florida. To file a complaint about a lawyer in Florida: http://www.floridabar.org
Lawyer Complaint Mailing Address
Florida Bar
651 E. Jefferson Street
Tallahassee, FL 32399-2300
Telephone
850/561-5600
Complaints about Florida Judges and Florida Lawyers
Each State has its own procedures for filing complaints against judges. All states require a written and signed complaint. Some states have a form for you to fill out. Other States request a letter. Grievances of misconduct usually concern issues of conflict of interest or impartiality. Adverse rulings or judgments are not considered legitimate grievances. You must support the complaint about the Florida Judge with sufficient documentation. Contact the Florida Judicial Qualifications Committee.
All states maintain an agency to process lawyer complaints. These disciplinary counsels can usually be found as a department of the state bar association or as a branch of the state supreme court. Complaints can be filed by filling out a form supplied by the disciplinary counsel or by writing a letter to Florida Bar.
Check the Florida web site http://www.floridabar.org to find the requirements for a complaint about a Florida Lawyer
HOW DID CHILDREN OF DIVORCE GET STUCK WITH THE VISITATION PLAN THAT AFFORDS THEM ACCESS TO THEIR NON-RESIDENTIAL PARENT ONLY ONE NIGHT DURING THE WEEK AND EVERY OTHER WEEK-END?
ReplyDeleteWhat is the research that supports such a schedule? Where is the data that confirms that such a plan is in the best interest of the child?
Well, reader, you can spend your time from now until eternity researching the literature, and YOU WILL NOT DISCOVER ANY SUPPORTING DATA for the typical visitation arrangement with the non-residential parent! The reality is that this arrangement is based solely on custom. And just like the short story, "The Lottery," in which the prizewinner is stoned to death, the message is that deeds and judgments are frequently arrived at based on nothing more than habit, fantasy, prejudice, and yes, on "junk science."
This family therapist upholds the importance of both parents playing an active and substantial role in their children's lives----especially in situations when the parents are apart. In order to support the goal for each parent to provide a meaningfully and considerable involvement in the lives of their children, I affirm that the resolution to custody requires an arrangement for joint legal custody and physical custody that maximizes the time with the non-residential----with the optimal arrangement being 50-50, whenever practical. It is my professional opinion that the customary visitation arrangement for non-residential parents to visit every other weekend and one night during the week is not sufficient to maintain a consequential relationship with their children. Although I have heard matrimonial attorneys, children's attorneys, and judges assert that the child needs the consistency of the same residence, I deem this assumption to be nonsense. I cannot be convinced that the consistency with one's bed trumps consistency with a parent!
Should the reader question how such an arrangement can be judiciously implemented which maximizes the child's time---even in a 50-50 arrangement----with the non-residential parent, I direct the reader to the book, Mom's House, Dads House, by the Isolina Ricci, PhD.
Indeed, the research that we do have supports the serious consequences to children when the father, who is generally the non-residential parent, does not play a meaningful role in lives of his children. The book, Fatherneed, (2000) by Dr. Kyle Pruitt, summarizes the research at Yale University about the importance of fathers to their children. And another post on this page summarizes an extensive list of other research.
Children of divorce or separation of their parents previously had each parent 100% of the time and obviously cannot have the same arrangement subsequent to their parents' separation. But it makes no sense to this family therapist that the result of parental separation is that the child is accorded only 20% time with one parent and 80% with the other. What rational person could possibly justify this?
Thanks for your comments! In addition there are forms of abuse. This type Psychological Abuse or Family Legal Abuse can cause a parent(s) a traumatic “injury”. We’re talking about very serious, blatant civil and human rights violations allowed on the part of the Family Court. Sad…but true. Often times it is caused by the excessive tactics some family law lawyers will go to knowingly and intentionally make sure they physically and psychologically injure their opponent by trying to make there client looks like the victim, What this also does is to financial cripple good and FIT parents while they hope they will give up on the child/ren and go away. In South Florida we have a few of these types of lawyers in the upcoming expose on Garbage Lawyers.
ReplyDeleteIt's human nature to seek out a partner in life, and to possibly marry and have children. Unfortunately the matrimonial establishment, as we are all aware, is being methodically torn down by a demoralized society. Sadly the divorce rate is still on the rise and the foundation of marriage is being devalued and is crumbling. As adults we learn to adapt and move on when divorce attacks our lives but for children this is another story. They are the real victims of divorce and unfortunately they will suffer dearly from our selfishness and in most cases follow the same path of destruction if not worse.
ReplyDeleteAs a nation we have been granted certain civil rights by our constitution. Through the years it has been amended to better the lives of many Americans. The two most notable changes have come to Women in the 1920s and with African Americans in the 1960s. These rights were long overdue for both segments of our nation but thankfully we realized our mistakes and corrected them. This was not an easy journey for either of these crusades but through dedication and perseverance the bells of liberty rang loudly and victory was achieved.
Unfortunately we have reached yet another fork in the road and with that comes another challenge to the American people. "We've worked hard for women's rights, but we have to watch out that the pendulum doesn't swing the other way" says Ruthie J. of the Reach FM. Ironically the pendulum has already swung far to one side and this time the male gender is being demonized by erroneous and fraudulent information. Males are being portrayed as callus, uncaring, and without emotion. We are being taught that men represent 95% of abuse in this nation against women. These and many other false statistics are being recklessly strewn throughout society and none of it is true. Yes, women are being abused by men that is a fact. striking a woman is abhorrent to the highest degree and should be dealt with appropriately but men are abused at an equal rate and they are being ignored. According to a study by the Center for Disease Control men represent 38% of domestic violence related injuries. Compound that with the fact that only 0.9% of men report abuse verses 8.5% of women and I think we have a pretty equal degree of violence between partners.
The cornerstone of this "abuse" is VAWA the Violence Against Women Act. It was passed into law by Bill Clinton in 1994 and has been extended by every subsequent President. This law funnels Billions of dollars into discriminatory education and propaganda that violates men's civil rights. Many times DVIs or Domestic Violence Injunctions are used as a tool in divorce, child custody or just vengeance against a partner, most often against males. This is because the system of acquiring a DVI is simple and requires no evidence, witnesses or prior police reports. Just the word of an alleged victim making a claim of abuse. The repercussions of these orders are devastating and many times result in a violation, arrest and complete destruction of one's life. Even in cases when they are dismissed, a serious blemish remains on the falsely accused forever; how does that look to potential employers who almost always perform background checks prior to employment? This must be stopped and a better system of protecting all victims of domestic violence should be put in place.
I hope to help bring awareness to gender discrimination and help provide support for men who are abused. There are programs to help women of abuse but nothing for men. My website will provide more information on the facts, my personal experiences and the stories of those who have been victims of this heinous tactic of relationship vengeance. Men and women should truly have equal rights and currently the scales are unjustly tilted. Let's work together to end domestic violence and not vilify one gender as inherently abusive. "United we stand, divided we fall" A powerful statement that we must never forget.
Thank you,
Tom Lemons
Founder, www.falsedvireports.com
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."