Saturday

Custodial and Non-Custodial Parents' Rights - A Civil Rights Issue


6 comments:

  1. "Normal parents can put the needs of their children first. They know that demeaning and demonizing their partner harms the children and however they may feel about their they do not want to harm their children. The problem of brainwashing children arises when one or other parent or both put their needs first and use the children as weapons against each other. These are the adults who have personality disorders that go unrecognized in court. There both parents are given an equal hearing the problem occurs when one parent lies and cheats under oath, manipulates the judiciary and everyone in the case while the normal parent looks on in horror. Women will always be given the benefit of the doubt over men especially by men which is why so many men loose their children. The training of so called experts in the universities and in workshops has been in the hands of radical feminists for the last forty years as a result there is no level playing field between parents any longer. All I can say that I have seen children deprived of a loving parent reconnect after years of demonizing that parent. For other parents they have to live with the injustice for the rest of their lives their child or children are to damaged to ever know the truth." ~ Erin Pizzey

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  2. 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?

    What 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?

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  3. Children's Bill of Rights

    WHEN PARENTS ARE NOT TOGETHER

    Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn't forget -- and kids shouldn't let them -- when the family is in the midst of a break-up.

    You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn't feel guilty about wanting to see your dad or your mom at any time. It's important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.

    You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can't work it out, a judge may make the decision for them.

    You're entitled to all the feelings you're having. Don't be embarrassed by what you're feeling. It is scary when your parents break up, and you're allowed to be scared. Or angry. Or sad. Or whatever.

    You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone -- either your other parent or a trusted adult like a teacher.

    You don't belong in the middle of your parents' break-up. Sometimes your parents may get so caught up in their own problems that they forget that you're just a kid, and that you can't handle their adult worries. If they start putting you in the middle of their dispute, remind them that it's their fight, not yours.

    Grandparents, aunts, uncles and cousins are still part of your life. Even if you're living with one parent, you can still see relatives on your other parent's side. You'll always be a part of their lives, even if your parents aren't together anymore.

    You have the right to be a child. Kids shouldn't worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.

    IT IS NOT YOUR FAULT AND DON'T BLAME YOURSELF.

    ----Special Concerns of Children Committee, March, 1998

    "Children's Bill of Rights" is a publication of the American Academy of Matrimonial Lawyers. © 1997 - 2001. All rights reserved. "Children's Bill of Rights" may be reproduced under the following conditions:

    It must be reproduced in its entirety with no additions or deletions, including the AAML copyright notice. It must be distributed free of charge. The AAML reserves the right to limit or deny the right of reproduction in its sole discretion.

    © 2013 AAML Florida. 3046 Hawks Glen Tallahassee, FL 32312 | 850-668-0614

    The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask the attorney to send you free written information about their qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
    http://www.aamlflorida.org/index.cfm?fuseaction=pages.tentips

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    Replies
    1. PRO SE RIGHTS:
      Brotherhood 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."

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  4. Florida Judge & Lawyer Complaints

    How to file complaints against Florida Family Law Judges and Family Law 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 to the JQC about the Florida Family Law Judge with sufficient documentation.

    Florida Family Law Judge Complaints
    Write to the Florida Judicial Qualifications Committee.
    http://www.floridasupremecourt.org
    Florida Family Law Judicial Complaint
    Mailing Address
    Judicial Qualifications Committee (JQC)
    1110 Thomasville Road
    Tallahassee, FL 32303
    Telephone
    850-488-1581

    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 in Florida can be filed by filling out a form supplied by the disciplinary counsel or by writing a letter to The Florida Bar.

    Florida Family Law Lawyer Complaints
    The Florida Bar handles complaints about family law lawyers in Florida.
    Mailing Address
    The Florida Bar
    651 E. Jefferson Street
    Tallahassee, FL 32399-2300
    Telephone
    850-561-5600

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    Replies
    1. FLORIDA TODAY - OPINION
      Written by Gordon E. Finley, Ph.D., Miami

      While I applaud columnist Paul Flemming for a sound review of the issues in Saturday’s “Alimony bill will be great — for lawyers,” his bottom-line conclusion is dead wrong.

      The proposed state alimony reform bill will reduce litigation, not increase litigation. A bit of history: For years, the divorce vultures (a.k.a., the Family Law Section of the Florida Bar) have conned the Florida Legislature into writing divorce legislation that maximizes litigation and thus maximizes their income. In part, they have accomplished this by maximizing judicial discretion, which in practice means endless conflict and, of course, endless paid litigation.

      No matter what they may say, the divorce vultures are interested only in one thing — maximizing their income.

      I can irrefutably demonstrate this point with Flemming’s own words: “Thomas Duggar, an attorney in Tallahassee and a member of the Florida Bar’s Family Law Section, said last week at a Tallahassee Bar Association meeting that the section has a $100,000 war chest to sway public opinion against the legislation.”

      Do your readers honestly believe they are spending all this money so they will lose income? The divorce vultures get the message in terms of what alimony reform will cost them — and save the children, fathers and mothers of divorce. I regret Mr. Flemming did not do the same.

      Full Disclosure: I am an alimony-paying divorced father of two young adult daughters and retired university divorce researcher with multiple research and scholarly publications on this topic.

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