Showing posts with label Children's Rights. Show all posts
Showing posts with label Children's Rights. Show all posts

Saturday

A Year Without My Daughter...here's to you Judge Valerie Manno-Schurr.


I never thought that i would ever believe there were real fathers that really love their children because my parent inflicted so much pain ,abuse that it crippled us mentally I found help in therapy 16 year's of hard core therapy and after it all who won me" i did not stay crippled , what I am trying to say is i admire the fight fathers put up for their children. please keep it going i believe in good fathers now , please continue to give the little angel by your side lucky stars and when she grows up she will sparkle and and she will say my dad gave me so much love and i am going give lots of to my children some day. God Bless you and your children.
Sincerely,



Do her mistakes qualify her for another six years on the bench? Or is it time that Miami-Dade voters look for someone who is more competent…Read More


Judge Manno-Schurr Reversed again for not knowing the law - United Auto Courts Reports

United Auto Courts Reports ~ 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,…Read More

Intentional Infliction of Emotional Distress

abusive parent no excuse

The first case to recognize a non-custodial parent’s cause of action based on the tort of…Read More

This means Family Court discrimination against parents and children who suffer from PTSD legal trauma!


Sanders: End Discrimination Against People with Disabilities -- Sen. Bernie Sanders called for an end to all forms of discrimination including against people who may have a disability.  THERESPECTABILITYREPORT.ORG

"Never give in. Never give in. Never, never, never, never in nothing, great or small, large or petty never give in, except to…Read More


Monday

The rights that children have to free and equal association with both fit parents...

...that should not be invaded by the State or infringed upon by another parent.

NO...STILL DON'T SEE THE PROBLEM? 

THINK THIS IS NOT TRUE?

WATCH THIS VIDEO ABOUT HOW FATHERS IN MIAMI-DADE COUNTY'S 11TH JUDICIAL CIRCUIT FAMILY COURT, IN FLORIDA,  HAVE TO "UNJUSTIFIABLY" PROVE "PARENTAL FITNESS"

The CEO of The Fatherhood Taskforce speaking before the Florida Supreme Court Committee on the Future of Florida's Courts.

How Divorced Parents and Children Lose Their Rights

Source: Laumann-Billings, L. &. Emery, R.E. (2000). Distress among young adults from divorced families. Journal of Family Psychology, 14, 671-687.

Emery makes many good suggestions in his article called............ “How Divorced Parents Lost Their Rights” and has a good grasp on the process from a psychology perspective. We are, of course constitutional scholars and would like to offer a perspective that hopefully integrates and supports most but not all of what Emery says.

For instance Emery suggests that courts do not involve themselves with parenting disagreements between married parents because judges would make things a mess. They would of course  but that is NOT the legal reason that they stay out of it. The legal reason is that people have the right to make decisions free from government interference. These rights are called privacy rights. Parents have privacy rights to make decisions for their children and the State may not interfere unless the state can show a clear and present danger to the child from these decisions.

Why do family law courts treat married and divorced parents differently? Many people do not realize that parental rights do not depend on marriage and in fact cannot depend on marital status in any way. A hundred years ago this wasn’t so and our family law codes have not caught up with this concept. Up until the early 1970s some states still had bastardy laws on their books that tied the rights of parents and children to the marital status of the child’s parents. In a series of landmark decisions, the US Supreme Court stated very clearly that states may not create second-class parents or second-class children based on nothing more than the marital status of the child’s parents.

Family law has not caught up to this idea because of religious and cultural preconditioning. In other words our society builds into us a series of biases and prejudices against single and divorced parents that is so deep most people don’t even realize it is driving their behavior. Most people believe that it is completely legitimate to invade the privacy of single/divorced parents even where they believe that the privacy of married parents must be preserved. Constitutionally, this is a completely bankrupt idea. Unfortunately, judges, attorneys, and mental health professionals are almost universally so caught up in these biases they refuse to acknowledge their professional training and simply default to bigoted behaviors without even realizing that is what they are doing. (It’s easy to fall into following statistics to guide decisions. Individuals can choose to follow these as their guide. It is not how the law should be deciding individual rights.)

- See more at: http://www.fixfamilycourts.com/how-divorced-parents-and-children-lose-their-rights/#sthash.LeijUpEd.dpuf

Are you sick, tired, broke and frustrated with the difficulty of trying to get the courts to admit you have equal rights...
Posted by Protecting Parent Child Bonds 28th Amendment on Saturday, June 27, 2015

When this Amendment is passed parents will not have to reference countless Supreme Court opinions, they will only have to say I have 28th Amendment rights to be a parent and no Divorce Court can ever deprive me of those rights so long as I am a fit parent.This book is intended to be a tool for citizen activists who want change to the system but who may struggle with all of the technical arguments. Now all you have to do to support change is hand this book to your politician of choice and say, “I want this, make it happen.””


Saturday

Can't I See My Grandmother and Grandfather?



Do Grandparents Have the Rights They Should?
The experts report on the state of grandparent rights in the U.S. today

Coming Soon: As a service to our readers, Grandparents.com is establishing the American Grandparents AssociationTM with the goal of becoming a key resource for grandparents who are physically removed from their grandchildren and would like to find a way to visit them.
Richard Kent, a family lawyer at Fairfield, Conn.-based Meyers Breiner & Kent, frequently goes to courtroom battle for grandparents seeking visitation with, or custody of, grandchildren.
"The state of grandparents' rights is terrible," says Kent. Under the current laws, if a couple's adult daughter dies, he says, those grandparents could be denied visitation with their grandchild by the child's father.
Even if they had what most people would consider a classic grandparent-grandchild relationship and, let's say, saw their grandchild every Sunday afternoon. But in the eyes of Connecticut law, says Kent, unless grandparents have functioned as de facto parents — meaning they lived with their grandchildren or took care of them while the parents were at work — they are treated no differently than strangers.

"I think it's absurd that a boy's father can legally keep his grandparents out of his life," says Kent, who wrote Solomon's Choice: A Guide to Custody for Ex-Husbands, Spurned Partners, & Forgotten Grandparents (Taylor Trade Publishing).

Families crumble for any number of reasons: divorce, the death of a parent, drug and alcohol abuse, incarceration. Grandparents in the U.S. do have rights and can seek visitation with grandchildren, but those rights vary from state to state. Understanding your basic rights can help ensure that your relationship with the grandchildren doesn't end should that with their parents. Of course, every case involves a unique set of facts and grandparents who find themselves suddenly cut off from grandchildren should consult a lawyer to discuss the course of action their specific situations require.
When Grandparents' Rights Changed

In June 2000, the U.S. Supreme Court issued a 6-3 decision on grandparents' visitation rights in the Troxel v. Granville case. This canceled out a Washington State law that permitted judges to grant visitation to any interested party so long as the visits were in the best interest of the child — even if the parents objected.

The Troxel v. Granville decision was ambiguous because while the majority of the justices agreed that Troxel should be decided a certain way, each had a different reason for doing so which resulted in six written opinions.

Grandparents4Justice Worldwide    parentalrights.org's photo —  Divorce & Corruption a Persistent Pursuit for Justice: Corrupt Lawyers and the Absurd Legal Decisions in the Fraternal Order of Matrimonial Law  Alienated Grandparents Anonymous, Inc. National Headquarters-FL.


Friday

What's New(s) in Florida Access to Justice - October 2015








Florida Bar members, judges, paralegals, law students and ANY Floridians seeking legal help, we have big, big, BIG news ...

"Florida Supreme Court Justice Labarga Set to Launch Florida's first Access to Civil Justice Commission on Monday"

The details:

The Commission will study the unmet civil legal needs of disadvantaged, low-income, and moderate-income Floridians. Its work will include a close look at improving existing legal programs, developing solutions based on new technology and exploring other ways to meet the needs of Floridians caught in the current civil legal services gap.

Florida Chief Justice Jorge Labarga will formally sign an administrative order creating the Florida Commission on Access to Civil Justice at a ceremony 10 a.m. Monday in the rotunda of the Florida Supreme Court Building in Tallahassee.

The Commission first was announced by Labarga when he took the oath of office as Chief Justice on June 30. It will be the major initiative of his two-year administration.

Monday’s ceremony will be broadcast live on the Court’s Gavel to Gavel Video Portal (http://wfsu.org/gavel2gavel), on the Florida Channel (http://thefloridachannel.org/), and via the WFSU Florida Transponder satellite downlink for video broadcasters (http://www.wfsu.org/television/services.php).

Visit the Florida Supreme Court's website for more details:  http://www.floridasupremecourt.org/









Wow!!!!!! They tried to stop him from doing this on TV… Just watch you will understand ...
Posted by Tyrese Gibson on Friday, March 7, 2014

Wednesday

Should children have rights when parents and other family members fight?

The Right to be Heard

The right to be heard is a valuable right. What makes it valuable is both that there is a point to making one's views known and, further, that making one's views known makes a difference. It matters to me that I can speak out on political questions. It matters also, and probably more, if what I say leads to the changes I favour. Correlatively it is true both that I do not want to be silenced and that I do not want the statement of my views to be ineffectual. As a further general point it is clear that there will always be some issues on which it is more important that I be allowed to speak and that what I say about these issues carries weight in determining outcomes. Those are the issues that matter to me, and the more they matter the more important it is that I have the freedom to speak about them and be heard. On one account since children's views should not be ‘authoritative’, that is determinative of what is done, they have only a ‘consultative’ role (Brighouse 2003). They may influence an outcome by, most obviously, providing those who do make the decisions affecting a child's interests with a clearer picture of what in fact is in those interests. On another account encouraging and according a weight to the expression of children's views—even where this is unlikely to affect outcomes in line with the views' content—is valuable just because the child is capable of expressing a view and deserves to be listened to (Archard and Skivenes 2009).
How is it with the child's right to be heard? It will be important for the child to be listened to. But it is also important that the child is heard in the sense that her views are given due consideration and may influence what is done. Note that the child's right to be heard on matters affecting its own interests is a substitute for the liberty right to make one's own choices. The right to be heard is only a right to have the opportunity to influence the person who will otherwise choose for the child. The power to make those choices resides with the adult guardian or representative of the child. All the child retains is the right to try to motivate that adult to choose as the child herself would choose if she was allowed to.

Tuesday

Divorced parents can deprive their children of important childhood memories. Five suggestions to help your children through the devastating blow of divorce.

"A Parent-Partner Status for American Family Law"

Professor Merle H. Weiner (University of Oregon School of Law) has published A Parent-Partner Status for American Family Law (Cambridge University Press):

Despite the fact that becoming a parent is a pivotal event, the birth or adoption of a child has little significance for parents' legal relationship to each other. Instead, the law relies upon marriage, domestic partnerships, contracts, and some equitable remedies to set the parameters of the legal obligations between parents. With high rates of nonmarital childbirth and divorce, the current approach to regulating the legal relationship of parents is outdated. A new legal and social structure is needed to encourage parents to act as supportive partners and to deter uncommitted couples from having children. This book is the first of its kind to propose a new "parent-partner" status for American family law. Included are a detailed discussion of the benefits of the status as well as specific recommendations for legal obligations.



How to Sue a Family Court Judge

ABA Section of Litigation: Children’s Rights Litigation


Children are the innocent victims of such litigation and the grief that it inflicts. They should not be awarded to the "winner" as if they were a prize, whether that winner is an adoptive parent or a biological parent. Children are blameless. 

Depriving a child of his/her established, psychological family ties without consideration of the harm he/she will suffer infringes upon his/her procedural due process rights. 






Children's Rights are constitutionally founded and are at the core of all liberties, for if children cannot count on the inalienable right to life and liberty in the family context, then what does our society offer them? 

These constitutional interests are both procedural and substantive. Therefore they should not be disturbed absent a compelling, established competing interest which is entitled to constitutional protection. Even then, if the constitutionally protected interests are in conflict and evenly balanced, the conflict should be resolved in favor of the child.

A Century of Legal Ethics: Trial Lawyers and the ABA Canons of Professional Ethics

The ABA Canons of Ethics was adopted in 1908 and created ethical standards for lawyers.

Children's Rights Litigation

How to Sue a JudgeBy David C. Grossack
C
onstitutional Attorney Common Law 

Friday

Perdi a Papa en el Divorcio


Todo niño supone llegar al mundo fruto del amor de un hombre y una mujer. Pero sabemos que son muchas las  circunstancias que impiden que todos puedan gozar de la presencia del padre.


Algunas de ellas, como la muerte, serán inevitables, pero existen otras, ser madre soltera, haber experimentado una violación, una enfermedad, un viaje o una jornada laboral que no permite poder ver a los niños despiertos también provocan este sentimiento de ausencia en el pequeño, pero también existen casos en que la ausencia no es física, sino que el padre no se ocupa de los hijos o los hijos manipulados por la madre no permite que estén en contacto.


Tuesday

Parental rights include any legal obligations that go with being a parent...

...such as the right to custody or visitation, the right and obligation to provide financial support, and the obligation to provide the child with proper care and supervision.

Erasing Dad we need your help
Erasing Dad part 2 will be an international documentary exposing the corruption of the family court system the world over and the dangers of parental alienation (when a child is prevented from loving or seeing his or her mom or dad after a divorce). We need volunteers who can help with fundraising, social media, research, translations, setting up projections of the film and press. Please contact us at info@erasingdad.org
Posted by Borrando a Papá on Wednesday, August 26, 2015

New law declares parental rights ‘fundamental’ - RVANews

Posted: Saturday, August 29, 2015 10:30 pm
Gov. McAuliffe’s charge to ensure “that the children of Virginia have the financial security and family support that they need to grow and succeed” supports the work of Virginia’s Child Support Guidelines Review Panel, and I am honored to be have been appointed to this panel.As our state rethinks these guidelines, we should seriously consider an important first step that honors both McAuliffe’s recent charge and President Reagan’s original declaration, which reads that we “must work even harder to ensure that all American children are provided the financial support they deserve.”This simple, first step is to embrace shared parenting — where children spend as much time as possible with each parent — following divorce or separation. Making this change in Virginia’s child custody law could significantly help alleviate child-support issues for the majority of divorced and separated families — from both financial and emotional perspectives.
*** 
Starting July 1st, parents in Virginia will have "a fundamental right" to make decisions concerning the upbringing, education, and care” of their children.

Gov. Bob McDonnell signed two identical bills on the issue: House Bill 1642, sponsored by Delegate Brenda Pogge (R-Williamsburg); and Senate Bill 908, sponsored by Sen. Bryce Reeve (R-Fredericksburg). The bills formally declare parental rights as fundamental, meaning they will have the highest level of legal protection.
“The bill is pre-emptive and will not change any laws in Virginia,” Pogge said in an email. “It will, however, prevent parental rights from being eroded through potential court actions. I am very happy that it was passed and signed. It was important to a lot of people.”
The purpose of the legislation is to prevent Virginia courts from ruling parental rights as “ordinary” rights.
“Fundamental” means these rights cannot be taken away unless the state has a compelling reason to do so. When rights are “ordinary,” the state has more leeway in overriding parents’ decisions.

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