Monday
Displeasing the Alienating Parent
Fear Reaction to Displeasing the Alienating Parent
This is the fourth in a series of posts devoted to discussion of the four criteria found in cases where parental alienation is present.
Access and Visitation Blocking
Access and Visitation Blocking
Wednesday
Is Parenting A Civil Rights Issue?
Discussing Family Law Reform
Is Parenting A Civil Rights Issue?
Very few family law attorneys, and perhaps fewer local courts in America treat parenting matters as a civil rights issue. I have had many practitioners inform me that civil rights or Constitutional issues just don’t come into play with respect to divorce, custody or child support matters. This seems rather strange given that the United States Supreme Court itself has recognized parenting as a fundamental right, Troxel v. Granville, 530 U.S. 57 (2000).
“The vast majority–84 percent–of custodial parents are mothers, and courts awarded child support to 61 percent of them, compared to 36 percent of custodial fathers, according to 2005 census data. Failure to pay [child support, however,] cuts across gender lines, and less than half of all non-custodial parents met their full obligations.”
Child Support Revenues Jump in Obama’s Home State, 08/21/08 By Claire Bushey.
Given the Supreme Court’s disposition, the importance of parenting in general, and the long, deep American tradition of looking upon family as a focal point of our our values and life activities, it should follow that parental rights would be treasured at all levels of society. So why isn’t that the case?
Let’s walk through some possible answers, the problems these present, and some solutions that can help ensure that these rights will be protected at every level of government in a meaningful and productive way.
First, the nature of the relationship between family and the broader society necessarily means that the government and the courts have traditionally been limited in how much protection they can offer to an individual household. This has changed considerably in the last generation, however.
In fact, if anything, rather than the government protecting the family as a unit, in the past generation, there has been more and more intervention from child protective services, local police units, foster parenting agencies, etc. in ways that override one or both parents’ authority within their own home.
Regardless, however, courts often perceive that they are helpless to look behind closed doors and tell what is really happening within a family. They can’t or won’t enforce rights except on matters which occur out in the open – whether these rights are fundamental or not.
Second, there is a similar perception that the enforcement of rights within a family means the protection of women and children, which in turn means protection from a father. That being the case, parenting itself is in no way treated as a civil rights issue, though perhaps women’s rights are being protected on multiple levels in multiple ways.
This results in a bifurcation of the protection of the rights of a woman that is not widely understood. While she maintains a high level of government protection from undesired advances from her husband or boyfriend, she maintains little if any protection from the government itself with respect to her relationship with her children.
Constitutionally, men and women are guaranteed equal protection as to each other, and higher protection as adults than children, with all individual’s protected from intrusion by the government. In an unwritten fashion, however, the law prefers women over men, children over women, and governmental agencies over all. Thus in practice, the government operates nearly in reverse of what the Constitution intended.
Finally then, we approach the crux of the problem. But there is one additional element that needs to be considered – the way local systems of government operate, including their inter-relationship with state and federal levels of government. Local systems lend themselves to corruption via the limited resources that exist for holding them accountable. As people are elected or appointed by their friends within the community, it’s likely there is little opposition at a level that would challenge their credibility or actions. Hence, local officials often are able to ignore significant conflicts of interest that may sway them to handle a matter in a manner that is unbalanced or biased.
But these conflicts exist vertically, through the state and federal government, as well as through the networks of local relationships an official has. This is due to the need for funding to keep these government employees working. That funding typically comes from beyond the local tax base. It is paid for either by the state, or in the case of the collection of child support, about 40% has been paid by the federal government with matching funds. The matching funds were suspended in December 2007, but can be expected to be revived in 2009.
Given the influence presented by these conflicts, it should not be surprising how easily local courts choose to overlook a parent’s Constitutional rights. But is this wrong? Should parenting be treated as a civil rights issue? If so, how?
It’s one thing to note that the Supreme Court’s recognition of parenting as a civil, Constitutional right. It’s another to assert how it should be recognized within the communities in which we live. When it comes to divorce, custody and the rights of parents in relation to their time and the raising of their children, we need to first come to grips with how common it is for children to be raised in single parent households and how regularly father’s are excluded or limited in their role as a parent in these cases.
“The vast majority–84 percent–of custodial parents are mothers, and courts awarded child support to 61 percent of them, compared to 36 percent of custodial fathers, according to 2005 census data. Failure to pay [child support, however,] cuts across gender lines, and less than half of all non-custodial parents met their full obligations.”Child Support Revenues Jump in Obama’s Home State, 08/21/08 By Claire Bushey.
Numerous sources are available to demonstrate that it is the interference by a custodial mother that is most likely to inhibit the time and relationship between a father and his own children, for example: Psychological and Structural Factors Contributing to Disengagement of Noncustodial Fathers After Divorce .
In itself, this raises extraordinary problems for the psychological well-being of the children of divorce. But a significant part of the problem can be resolved by taking away the leverage one parent has to disenfranchise the other from the children’s lives by balancing the power that is left in the hands of both parents regarding the children.
This possibility is regularly set aside in order to protect a mother’s financial support from the father, because courts claim to be ill equipped to resolve differences between parties acting with equal authority, and because it is assumed that the father will ultimately yield to the mother in matters of parenting.
But all three of these assertions bring to light the importance of recognizing and enforcing the protection of a father’s fundamental rights as a parent. Constitutional protections are needed most precisely in cases when cultural stereotypes and assumptions are employed to inhibit an individual’s access to justice – and that is what occurs whenever a father is treated unequally with a mother of the same children.
Until we reach a point where as many families have the father as the custodial parent as the mother, father’s need to be treated with special care and their rights carefully preserved in the courts and administrative offices that govern parenting time and child support.
More attorneys are needed who will stand up for the children, families and fathers that are discriminated against by a system that enables the disenfranchisement of one or both of a child’s parents.
If you have a matter that demands this kind of attention, please visit my website, ThompsonLaw-IN.com and contact my office today.
A child has the right to:
- A continuing relationship with both parents.
- Be treated not as a piece of property, but as a human being recognized to have unique feelings, ideas, and desires consistent with that of an individual.
- Continuing care and proper guidance from each parent.
- Not to be unduly influenced by either parent to view the other parent differently.
- Express love, friendship, and respect for both parents: freedom from having to hide those stated emotions or made to be ashamed of such.
- An explanation that the impending action of divorce was in no way caused by the child’s actions.
- Not to be the subject and/or source of any and all arguments.
- Continuing, honest feedback with respect to the divorce process and its impact on the changing relationships of the family.
- Maintain regular contact with both parents and a clear explanation for any change in plans and/or cancellations.
- Enjoy a pleasurable relationship with both parents, never to be employed as a manipulative bargaining tool.
- A continuing relationship with both parents.
- Be treated not as a piece of property, but as a human being recognized to have unique feelings, ideas, and desires consistent with that of an individual.
- Continuing care and proper guidance from each parent.
- Not to be unduly influenced by either parent to view the other parent differently.
- Express love, friendship, and respect for both parents: freedom from having to hide those stated emotions or made to be ashamed of such.
- An explanation that the impending action of divorce was in no way caused by the child’s actions.
- Not to be the subject and/or source of any and all arguments.
- Continuing, honest feedback with respect to the divorce process and its impact on the changing relationships of the family.
- Maintain regular contact with both parents and a clear explanation for any change in plans and/or cancellations.
- Enjoy a pleasurable relationship with both parents, never to be employed as a manipulative bargaining tool.
- The obligation of being a parent does not end after a divorce. It is extremely important to understand that the bond of marriage is completely different from that of parents. This is the most common down fall in today’s society, as a dissolution of marriage takes place so does that of parenting.
Psych Central - "Daughters Need Fathers Too" ~~ We enjoyed reading the tips in this article about ways for a Father to love his daughter. While some of the advice, may be harder to implement than others considering blended families operate on a different dynamic,we applaud Psych Central for compiling a list that we think is pretty good over all. What do you think about the list? Which ones are your favorites? http://psychcentral.com/lib/daughters-need-fathers-too/00012520
Hillsdale College
Civil Rights from "Dred Scot" to "Gratz"Edward J. Erler
| Hillsdale College
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Remain an Equal Parent to your Child!
Related articles
Sunday
Parental Alienation By Court Ordered Contact Denial Causes Children To Lose Capacity To Love
Please, share with those you know: The wounds and scars left by the crimes committed by a dysfunctional Family Court system (i.e. Family Courts, Juvenile Courts, Dependency Courts, Department of Children and Families (DCF a.k.a Child Protective Services (CPS)), Foster Homes, etc.) are as real as physical wounds. Its victims are left with deep psychological and spiritual wounds and need help to deal with these most painful issues. The negative effects of our currently dysfunctional Family Courts routinely lead children and adults to suffer not only from serious mental issues such as major depression, anxiety, post traumatic stress disorder, Parental Alienation Syndrome (PAS), and many others, but in a large enough number of unfortunate cases, can also lead to suicides, homicides, and a number of other serious crimes, not to mention, the enormous economic cost that it brings to our societies from broken homes and lives.
The wounds may not be visible, but they are certainly as real, and painful, at times even worst that being hit or physically attacked or robed by gangsters on the streets. That's why support groups are so important. All family court victims should try to join one. From this unity will flow love and healing power for you and your families. When we unite to help each other, a transformation will start happening by the renewing of our minds, and we will go from being victims to reformers; our experiences will help us identify and solve the problems in the Family Court system to reform it.
To help us deal with these issues, we are creating a support group. Our next meeting is scheduled for Saturday February 4th at 3:00 p.m. at my practice located at 2433 SW 147th Ave. Miami, Fl 33185. Follow up meeting every other Saturday. Please, send me a private message (PM) so we can reserve a seat for you. God bless.
Mario A. Jimenez Jerez, M.D.
What we do in this life will echo forever in eternity. For this reason, I am following the footsteps of my ancestors by fighting for democracy in the US and around the world: http://saynotopas.com/
Letter to Florida Senate Judiciary Committee
Please sign and Share!
Tuesday
Post Traumatic Stress Disorder because of this Family Court Judge
Florida Supreme Court Committee to Host Public Meeting on Future of Florida Courts
Corte Suprema de la Florida Comité acogerá reunión pública sobre el futuro de los tribunales de la Florida
Rally for the love and protection of our children and families.
Miami Dade County Commission Chambers 111 N.W. 1st Street, Second Floor Miami, Florida 33128
Reason: Almost on a daily basis we hear of cases of children dying while in custody of the Family courts/Department of Children and Families.
Reason: Almost on a daily basis we hear of cases of children dying while in custody of the Family courts/Department of Children and Families.
Florida is the leader in the nation in these deaths, 533+ a few months ago, as per a Miami Herald report :http://
This rally is the first in a series of events that will unite the body of Christ in defense of “the least one of these”, the children of our nation. "The King will reply, 'Truly I tell you, whatever you did for one of the least of these brothers and sisters of mine, you did for me.' (Matthew 25:40). We are calling all churches in Miami to participate. Please, spread the word.
Convocatoria por el amor y la protección de nuestros niños y familias
Febrero 23, 2015. De 3pm a 7pm en el Miami Dade County Commission Chambers 111 N.W. 1st Street, Second Floor Miami, Florida 33128
Motivo: casi a diario oímos de los casos de niños que mueren mientras que están bajo la custodia de los tribunales de familia / DCF. Florida es el líder en la nación en estas muertes, 533+ hace unos meses, según un informe del miami herald: http://
Esta convocatoria es la primera en una serie de eventos que unirán al cuerpo de Cristo en la defensa “de los más pequeños de estos”, los niños de nuestra nación. "El Rey les responderá: En verdad os digo que cuanto hicisteis a uno de los más pequeños de estos hermanos y hermanas míos, a mí lo hicisteis."(Mateo 25:40). Hacemos un llamado a todas las iglesias en Miami para participar. Por favor, difundir la palabra.
Brought to you by Leaders of Peace Foundation, and Family Unity Worldwide: www.fundacionlideresdepaz.o
As an example of the physical and psychological child abuse we are trying to prevent, and of those who are trying to destroy American values and foundation: In God We Trust.Gay Judge prevents Christian man from praying with his children. As a consequence, child ends up with Major Depression and Post Traumatic Stress Disorder because of this Judge:
A General Summary of the Proceedings of the First Annual Meeting at The Florida Bar.
In crafting and opposing legislation, the Bar's goal is simple: write family law to maximize judicial discretion in order to maximize litigation. The Bar wants to maximize litigation so that divorce lawyers can charge vast sums to pick the last remaining dollars off the bones of the formerly intact family.
I urge Florida citizens to wake up to this hypocrisy and ask Scott to sign the alimony bill that passed both chambers by more than a 2-1 margin.
Gordon E. Finley, professor of psychology emeritus, Florida International University, Miami
Posted by Children's Rights on Thursday, August 13, 2015
Dear Member of the Maine Judiciary Committee of the Legislature,Re: Judging judges: hearings on judicial appointments...
Posted by Children's Rights on Thursday, August 13, 2015
We welcome a chance to respond to Divorce Corp‘s invitation to speak out on the topic, “oversight of judges” or the...
Posted by Children's Rights on Thursday, August 13, 2015
Posted by Children's Rights on Friday, September 4, 2015
Posted by American Fathers Liberation Army on Friday, August 28, 2015
Saturday
A system which denies the existence of basic human rights!
Ron B Palmer is the President and founder of Fix Family Courts. He has passionately dedicated many hundreds of hours to researching state and federal appellate court decisions on family law matters. He routinely distills this information into powerful arguments for the protection of parental rights which he believes is necessary to protect children. He firmly believes that children are best protected and nurtured by having two fit parents in their lives who each have equal parental authority regardless of their marital status. He believes this is true even though some small percentage of parents harm their children.
As an entrepreneur and mother of 5 Sherry graduated with a bachelor’s degree from the University of North Texas in proposal writing from the college of community service at the University of North Texas before co-founding Fix Family Courts with her husband and partner, Ron B Palmer. Sherry has twice in her life had to face down oppressive court systems trying to harm her life. First as a young child growing up in the streets of California she had to fight judges and state bureaucrats simply to remain in her normal public school classes where she was excelling in spite of her living conditions. Second as a mother facing divorce and a court system seeking to take her children from her for no reason whatsoever. While her two oldest children aged out and were taken from her through alienation, she was able to stop the system from stealing her younger two.
Amendment | Fix Family Courts
Fix Family Courts - Because getting divorced shouldn't mean losing your child
(1) Fit parents are entrusted by nature or the State with determining the best interests of their minor child and must be assumed to be acting in their child’s best interests unless proven unfit (2) Each fit parent has the equal right and duty to direct and control their minor child’s education, to include educating the minor child through personal example, which arises through routine parenting of the child. The child has a right to receive education from each parent equally. These rights are among the penumbra of individual First Amendment rights. (3) Fit parents hold equal rights and duties in the care, custody, control, and physical possession of the minor child. Any conflict between these rights must be resolved in as equal a manner as possible. (4) Fit parents may entrust certain of these rights to others as they see fit without forfeiting their rights. Read More~> www.fixfamilycourts.com/amendment
Fix Family Courts - Because getting divorced shouldn't mean losing your child
(1) Fit parents are entrusted by nature or the State with determining the best interests of their minor child and must be assumed to be acting in their child’s best interests unless proven unfit (2) Each fit parent has the equal right and duty to direct and control their minor child’s education, to include educating the minor child through personal example, which arises through routine parenting of the child. The child has a right to receive education from each parent equally. These rights are among the penumbra of individual First Amendment rights. (3) Fit parents hold equal rights and duties in the care, custody, control, and physical possession of the minor child. Any conflict between these rights must be resolved in as equal a manner as possible. (4) Fit parents may entrust certain of these rights to others as they see fit without forfeiting their rights. Read More~> www.fixfamilycourts.com/amendment
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