Thursday

The "distance between parental residences" exception...


Florida Bill Establishes Presumption of Equally-Shared Parenting




But allow me to say “Oops!” Oh, I got the alimony bill right, but a couple of readers have pointed out something to me. The bill that passed also would establish a presumption of equal parenting in the Sunshine State! Those provisions are buried in half a page of the 28-page bill. Here’s how they read:
Equal time-sharing of a minor child by both parents is presumed to be in the best interests of the child unless the court finds that:

a. The safety, well-being and physical and mental and emotional health of the child would be endangered by equal time-sharing, that visitation would be presumed detrimental consistent with s. 39.0139 (3), or that supervised visitation is appropriate, if any is appropriate;

b. Clear and convincing evidence of extenuating circumstances justify a departure from equal time-sharing and the court makes written findings justifying the departure from equal time-sharing;
c. A parent is incarcerated;
d. The distance between parental residences makes equal time-sharing impracticable;

e. A parent does not request at least 50% time-sharing; or

f. There is evidence of domestic violence.
That’s the sum of the equal parenting part of House Bill 231 that overwhelmingly passed.

Now, each of those exceptions can block a father’s bid for equal time, but only the last one seems to have much utility in that regard. For example, (a) requires all items – endangerment to the safety, well-being, physical, mental and emotional health – to be found by the court in order to deny equal parenting time. That’s a very high bar to clear, to say the least.

The second exception is vague (what are “extenuating circumstances”?) in the extreme, plus it requires them to be established by clear and convincing evidence, plus it requires the judge to make written findings, something judges don’t usually like to do.

Incarceration is pretty cut and dried, although what will happen if the incarcerated parent is just about to get out of prison when the order is signed isn’t clear.

The distance between parental residences exception will encourage mothers to move away and, in other cases, is utterly subject to the discretion of the judge. I would argue that House Bill 231 clearly enunciates a legislative preference for equal parenting, so judges should err on the side of that arrangement. So if parents live too far apart to make, say, weekly handoffs practicable, maybe two-week residences with each parent would make more sense. If the parents are too far apart for one of them to get the child to school every day, then equal parenting, or close to it, can be achieved by having the child with one parent during all holidays and the summer. However it’s worked out in individual cases, judges should be aware of the strong legislative language supporting equal parenting and act to get as close to that as possible.

Of course the real weasel words are found in (f), the exception for domestic violence. Sadly, on its face, that exception allows a judge to order less than equal time-sharing if there is any evidence of domestic violence. The evidence doesn’t have to be good or even believable. It can be clearly rebutted. It can be presented for the sole reason of invoking exception (f). It can be the unsupported claim of one parent alone. As the bill is written, any of those types of “evidence” could be interpreted by a judge as invalidating a child’s right to equal time with each parent.

Needless to say, (f) gives me pause. But if I were a lawyer trying to get equal time for my client, and the other party claimed the domestic violence exception, I would argue that the legislature never intended to be as cavalier about that exception as I indicated in my previous paragraph. Again I’d point out that the obvious purpose of the bill is the presumption of equal parenting and to rebut that you have to produce real evidence of real violence. I’d point to the next section of the law that requires that the parent have been convicted of a first degree (or higher) misdemeanor domestic violence for a court to order non-shared parenting. It only makes sense to read the new section and the one following it together. Otherwise a judge would be effectively invalidating the second section of the law.

Will this bill pass the state Senate? We’ll see. But if it does, it’ll be a great leap forward for fathers’ rights to their children and children’s rights to their fathers.


Source Reference


I have the right to have both my Mommy and Daddy in my life


Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, equity or fairness, as well as the administration of the law, taking into account the inalienable and inborn rights of all human beings and citizens, the right of all people and individuals to equal protection before the law of their civil rights, without discrimination on the basis of race, gender, sexual orientation, gender identity, national origin, color, ethnicity, religion, disability, age, or other characteristics, and is further regarded as being inclusive of social justice.


An important distinction worthy of mention is that most of the members of the children’s and fathers' rights movement had little prior interest in the law or politics. However, as they felt that their goal of equal shared parenting was being frustrated by the family courts, many took an interest in family law, including but not limited to child custody and child support.
The movement includes women as well as men, often the second wives of divorced fathers or other family members of men who have had some engagement with family law.  Though it has been described as a social movement, members of the movement believe their actions are better described as part of a civil rights movement.

Objections to the characterizations of the movement as a social movement are related to the belief that discrimination against fathers moves beyond the social sciences and originates in government intervention into family life. The movement has received international press coverage as a result of high profile activism of their members, has become increasingly vocal, visible and organized, and has played a powerful role in family law debates.

In Pierce v. Society of Sisters, 268 U.S. 510 (1925) ~ "The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations."Pierce v. Society of Sisters268 U.S. 510 (1925), was an early 20th century United States Supreme Court decision that significantly expanded coverage of the Due Process Clause in the Fourteenth Amendment to the United States Constitution. The case has been cited as a precedent in more than 100 Supreme Court cases, including Roe v. Wade, and in more than 70 cases in the courts of appeals.

In Prince v. Commonwealth of Massachusetts, 321 U.S. 158 (1944) ~  "It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.... It is in recognition of this that these decisions have respected the private realm of family life which the state cannot enter."Prince v. Massachusetts321 U.S. 158 (1944), was a case in which the Supreme Court of the United States held that the government has broad authority to regulate the actions and treatment of children. Parental authority is not absolute and can be permissibly restricted if doing so is in the interests of a child's welfare. While children share many of the rights of adults, they face different potential harms from similar activities.

In Troxel v. Granville, 530 U.S. 57 (2000) ~ "The Due Process Clause does not permit a State to infringe on the fundamental right of parents to make child-rearing decisions simply because a state judge believes a 'better' decision could be made."Troxel v. Granville530 U.S. 57 (2000),[1] was a case in which the Supreme Court of the United States, citing a constitutional right of parents to rear their children, struck down a Washington state law that allowed any third party to petition state courts for child visitation rights over parental objections.


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.

viso at CUSTODIA PATERNA - . more »

Friday

Father Absence, Father Deficit, Father Hunger





Stand up for Zoraya
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Family Service industry experts to interview. Advertisers can connect with a multicultural audience of consumers!The Journal is published by Karen Davis-Johnson, M.A PhD Student of Psychology, Father-Daughter Relationship Educator-Consultant, Founder of the online Institute for Father Daughter Communications, Chief Consultant for Johnson and Johnson Consutling-CFLS and author of The Father's Guide to Raising Daughters and Voices of Daughters.

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Wednesday

Can Parental Alienation Cause Trauma?

Post Traumatic Stress Disorder (PTSD) is not just a word or phrase for a tragic event; it is literally about the signs and symptoms caused by the reaction to this traumatic event.

So how does this relate to Parental Alienation?

Parental alienation is a severe trauma to an important relationship between a parent and their child. It is pervasive and goes on and on, day in and day out until finally the victims either concedes to the stress of the emotional abuse or fights back with all their might. ~ Joan T. Kloth-Zanard - PAS Intervention

CALL TO ACTION!!!

Are you sick and tired of seeing our children being kidnapped, trafficked and drugged while our livelihood are be destroyed and managed by a corrupt government?

Then what are you going to do?

Are you just going to sit there and let this tyranny continue, or are you going to get up, grab a sign and protest?

So many children, single parents and families are facing the uncertainties of parental alienation and corruption within Family Law and Child Protective Services (CPS).
Fight to end Parental Alienation and Family Law / CPS corruption.
This beautiful animation above was created especially for Bubbles of Love Day on behalf of Kids Aiding the PAAO (KAPAAO). 
Thank you to the very talented Bronwyn Coveney, from the United kingdom for volunteering her time and talent on behalf of children around the world. Bronwyn is the original visual creator of the PAAO and KAPAAO's,  mascot Panda Abuzz. 

16
MAR

Dr. Bill Bernet, lead a group of interested professionals in encouraging the DSM 5 editing group to include Parental Alienation Disorder

The DSM is the reference book for psychiatrists, psychologists and other mental health providers Here is Dr. Bernet's unedited analysis of the result.

Finally, DSM-5 was published today. The DSM-5 Task Force told us 2 or 3 years ago that they did not want parental alienation to be a separate diagnosis in DSM-5, but they thought that parental alienation could be considered an example of other diagnoses that are in DSM-5.


The actual words "parental alienation" are not in DSM-5, but there are several diagnoses that can be used in these cases. I would say the "spirit" of parental alienation is in DSM-5, even if the words are not.

Parent-child relational problem now has a discussion in DSM-5, not just a label. The discussion explains that cognitive problems in parent-child relational problem "may include negative attributions of the other's intentions, hostility toward or scapegoating of the other, and unwarranted feelings of estrangement." That is a pretty good description of a child's view of the alienated parent, although it is an unfortunate use of the word "estrangement."

Child psychological abuse is a new diagnosis in DSM-5.  It is defined as "nonaccidental verbal or symbolic acts by a child's parent or caregiver that result, or have reasonable potential to result, in significant psychological harm to the child."  In many instances, the behavior of the alienating parent constitutes child psychological abuse.

Child affected by parental relationship distress is another new diagnosis in DSM-5.  It should be used "when the focus of clinical attention if the negative effects of parental relationship discord (e.g., high levels of conflict, distress, or disparagement) on a child in the family, including effects on the child's mental or other physical disorders."  That is also a good description of how parental alienation comes about.

Factitious disorder imposed on another is the DSM-5 terminology for factitious disorder by proxy or Munchausen disorder by proxy.  Its definition is "falsification of physical or psychological signs or symptoms, or induction of injury or disease, in another, associated with identified deception."  In some cases, that would describe the behavior of the alienating parent.

Delusional symptoms in partner of individual with delusional disorder is the DSM-5 terminology for shared psychotic disorder or folie a deux.  The definition is: "In the context of a relationship, the delusional material from the dominant partner provides content for delusional belief by the individual who may not otherwise entirely meet criteria for delusional disorder."

In discussing this topic, I would say that the concept of parental alienation is clearly in DSM-5, although the actual words are not.  This is a great improvement over DSM-IV-TR, especially with the addition of the new diagnoses, child psychological abuse and child affected by parental relationship distress.

Dr. Bernet is currently working with PAAO to present a webinar on this subject in the next 2 - 3 weeks. We will notify you of the details shortly.

The next mental health manual to be revised is the International Statistical Classification of Diseases and Related Health Problems or the IDC-11. Watch for ways to have your say about Parental Alienation in time for inclusion there as well.

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.

"Reckless Disregard" ~ Allegations Of Breach Of Professional And Ethical Duties Against Lawyer. Conscious and indifferent disregard of others' reputation or rights, or the dangerous consequences of one's action. In defamation cases, the defendant's malicious intent is judged against the standard of 'reckless disregard for truth.'
To (state law maker)
This letter is written because of my concern to our Family Laws and the 60 million dollar business supporting them, It is my concerns that the laws are causing harm to our children and only help the Lawyers making Thousands in their present form. I understand that the awareness of abuse in the past and that the discrimination against men that they flee from their responsibility of children is the basis that these laws were incorporated, but the facts stated in background listed below shows just the opposite.


Lets deal the facts concerning the first of the incorporation of the understanding of the abuse issue:

The mercury reported in 2014 that “the legal system is not the place to domestic violence in majority of cases. Ploughing more money into prosecutors and creating criminal offenses will not assist in dealing with the root causes of family violence”.
Science Debunks the “women are the gentler sex”, Medical Daily Jan. 30, 2014, in a symposium (June 25, 2013) on intimate partner violence at The British Psycholical Society”s division of forensic Psychology annual conference found women are more likely to be “INTIMATE TERRORIST” or PHYSICALLY AGGRESSIVE to their partners. Medical Xpress reported that Dr Elizabeth Bates study of 1000 students revealed that just as many women as men could be classified as abusive, coupled with controlling behavior with SERIOUS levels of threats, intimidation, and physical violence. This study also found that women demonstrated a desire to control their partners (and family, children?) And more likely to use physical aggression then men, ”it wasn’t just pushing and shoving”
National Coalition Against Domestic Violence “men and boys (children) are less likely to report the violence. Sixteen percent of adult males who did report being raped or physically assaulted are victims of current, or former spouse, cohabitation partner. 

Harvard Study 2010, revealed that 70 percent of domestic violence is committed by women against men.2001 CDC survey of young adult in heterosexual relationships provided answers to violence-related questions Researchers found that women were more likely to insight violence then men.Australian Institute of Family studies, Australia biggest childhood study reveals found girls are more devious then boys in the torment of their classmates.All states in the USA, using the case load and statics from child services, Human resources shows that 70 to 75 % of abuse, neglect, and emotional issues are against the Biological mother (CHECK YOUR OWN AREA).

Moving to the discrimination thought that fathers do not accept their responsibility: 
This idea only hurts the fathers that want to be with and care for their children, fact is that a father who wants his kids in his life WILL HAVE A LIVING ARRANGEMENT THAT ALLOWS THE CHILDREN THEIR OWN ROOMS, WILL BUY SCHOOL CLOTHES AND SUPPLIES, HAS EXTRA FOOD IN HIS HOUSE, PAYS FOR CHILD CARE WHEN HE WORKS, AND HAS ALL THE EXTRA BILLS FOR HAVING CHILDREN. We will discuss this further in child support laws. 
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Federally funded study ever undertaken on the subject, psychologist Sanford Braver found the "deadbeat dad" who walks out on his family and evades child support "does not exist in significant numbers. Braver found women initiate at least two-thirds of divorces, and that the cause of action is rarely desertion, adultery or violence

Researcher Shere Hite reports that 91 percent of divorces are initiated by wives, And David Chambers claims "the wife is the moving party in divorce actions seven times out of eight

Study of low-income fathers in England found "the most common reason given by the fathers for not having more contact with their children was the mothers' reluctance to let them. . . . Most of the men were proud to be seen as competent care givers and displayed a knowledge of child-care issues

Parental alienation (or Hostile Aggressive Parenting) even though not excepted by the American Psychological Association, is a theory first popularized by Dr. Richard A. Gardner as parental alienation syndrome. Under the theory, parental alienation occurs when a group of parental behaviors are damaging to children's mental and emotional well-being, and can interfere with a relationship of a child and either parent. Many courts and several countries have excepted it’s reality to parent child relationships and more importantly custody issue. THE RULES OF THE COURTS ALREADY, teach the principles of it in parenting classes and meditations, so why would the system not except it as a legal avenue? 
Many counties and courts have taken that action and in fact bring charges and high fines against any action in which some person may use any appearance of similar

The 60 million dollar business of family law:
Parents spend Thousands to BECOME A VISITOR TO THEIR KIDS, spend thousands to be falsely accused, spend thousands to be charged 20 to 35 % of their income for child support to misused by other parent, spend thousand to see which lawyer has better tactics and the court ignore the truth because it was not allowed or mistakenly submitted under the rules of the courts, This is not the best interest of the child it is legal maneuvering!
Indian Child Welfare Association, “lawyers who not only attempt to circumvent federal and state laws....”California Court of Appeals, false allegations, and other misconduct “marred the case by woman’s attorney, two lawyers sanctioned $5000 each (it costed client twice to three time s that amount to hire an attorney). Journal star Dec. 18 2014, “while not often discussed publicly, the use of children to gain leverage...” “Courts should enforce existing rules that restrict the use of abusive tactics.” “Should amend our legal ethics rules to prohibit lawyers from using children as leverage” “the legal rules should provide that lawyers who are involved in child custody matters owe duties to both their client and TO THE MINOR CHILD” “the legal ethics rules should require special training for lawyers who handle child custody cases.” Commonly published dirty tactics listed by multiple attorneys and news articles: Misusing ex-parte hearings for non-emergency situations to gain a tactical advantage Repeating client’s lies even though the attorney should know something is amiss (unless of course he or she does not know they are lies, in which case perhaps the attorney is more careless and/or stupid than unethical), Lying in court about information known first-hand to attorney Discriminating against Pro Per (self-represented) opponents by refusing to communicate via means typically used with other attorneys, Acting as if he or she doesn’t know the rules, possibly to cover for hisPage 2 of 4
or her client’s misdeeds or himself or herself breaking the rules, Stating that he or she has not seen documents that were personally served on the attorney plenty of time before a hearing, Lying to court clerks, claiming he or she was not properly noticed a hearing and then refusing to attend (angie media, elusive justice.wordpress, etc.)

Now that I have discussed the Basis and factual information of why the common sense of why these laws were falsely enacted by law makers of the past, Let us discuss present day reality of Family court, the 60 million Dollar industry of child custody and what is in the best interest of our children.

Let me start with the above issue of child support, the truth is that no matter who gets primary custody or secondary custody both have the EXTRA cost of having children. Both parents have to pay rent, both parents have utility bills it does not matter if there are children involved or not! Both parents buy items for their kids, both have child care during their time of custody (which should be a support system, friend, family to courts not cash flow), both have to buy extra food, and unless that parent wants CHILD SERVICES involved in their life both have to have a bigger residence then if they lived alone. Both parents have to have a reliable transportation to even enforce that time of custody. So under that COMMON SENSE logic the idea of child support does not justify itself! Now lets look at the above stats which are so low or are the result of ALIENATION the idea of support is again not justified. Continuing on this issue 
because of the listed “extras” that the secondary parent incurs the law of chid support actually cause more harm to the child and substandard environment to child then the spirit of the law tries to accomplish, that many of these secondary custody parents do not have reliable transportation, work two jobs to cover the extra cost of VISITING their children, are not able to be there for their children because of the threat of jail (and for those not caring don’t care about jail anyway). The system of support should be family, friends, social groups, or religious groups IT SHOULD NOT BE BASED ON CASH FLOW, I agree that insurance, medical bills, and school and/or education are and should be determined by the courts if parents can not work it out but the fight of custody should not be a consideration in the CASH FLOW of the other parent. IF ONE PARENT CAN NOT AFFORD PRIMARY CUSTODY ON THEIR OWN, THEY SHOULD HAVE THE BEST INTEREST OF THE CHILD IN MIND AND LET OTHER PARENT HAVE PRIMARY CUSTODY!

The past laws of primary and secondary custody are out dated, it was based on living locations and the many of the false assumptions listed above. Today many public school systems now have home school or online courses and/or programs. Extra curriculum activities are even being cut in schools and being swept up in the private sector due to budgeting. 
The laws of old did not account for the studies of, A majority of prisoners, juvenile detention inmates, high school dropouts, pregnant teenagers, adolescent murderers and rapists all come from fatherless homes. Researchers have found that "The likelihood that a young male will engage in criminal activity doubles if he is raised without a father and triples if he lives in a neighborhood with a high concentration of single-parent families. An estimated 70 percent of the juveniles in state reform institutions, 72 percent of adolescent murderers, and 60 percent of America's rapists grew up without fathers.

The connection of social pathologies with fatherless homes is so strong that some researchers have concluded that the likelihood of children'sinvolvement in crime is determined by the extent of both parents' involvement in their children's lives, rather than income or race. These studies would only conclude that equal parenting far out weights any conception that there is and/or should be a primary or secondary custody issue.There are many opponents to equal parenting, research has shown that most of these are lobbyist (usually backed by attorneys) or attorneys themself because it would interfere with their cash cow! 

There is no professional that can show that equal parenting is not in the best interest of the child! All the above studies and research proves that no government official should not support equal parenting if they really have the interest of their community in mind. I contend that equal parenting would in fact give our children a more expanded social environment and social skills then restricting them to a single environment view and that visiting one parent actually hinders the child since that child can never make any lasting or long term friendships. This should made retroactive to any custody order that has already being ordered under the “standard custody” or better in courts so as to limit any excessive case loads already in the courts.
So in closing I believe as a elected official that your office should consider the enclosed information, and that proper laws should be made to properly protect our children. That you should work with other officials and create retroactive laws so that lawyers can not use the children of our community as cash cows and stop the anger that our children are placed in because of out dated and falsely assumed facts.

1) make equal parenting the priority goal of the custody issue of courts2) end unfair child support, stop making the custody of children a matter of support3) make laws for the financial responsibility of custody for insurance, government repayment (if on assistance), medical bills, and school and or education ...ONLY4) take the custody of our children away from anyone trying to make a profit with these law changes, and prosecute with stronger penalties for any lawyer and/or person raising or making false accusations IN A CUSTODY MATTER, not even asking for any family matter.5) make tougher laws for anyone that interfere with custody for more then twice the travel time it would take to make the trip between the two custody custodians and to make such interference if not a felony on first violation at least a felony on the second violation6) end child support and make the state departments that handle it now a government reimbursement unit to help tax payers get back funds from those not trying to support their families7) make laws retroactive to any standard order of custody8) stop lobbyist from imput when it comes to custody of our children and letting lawyers use custody issues as their cash cow.

Thank you

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