...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
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.
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Starting July 1st, parents in Virginia will have "a fundamental right" to
make decisions concerning the upbringing, education, and care” of their
children.
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.
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.
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.
Although the Virginia Supreme Court has declared parental rights as fundamental in every case it has considered, the General Assembly had never before defined what level of protection parents have.
Both HB1642 and SB908 were approved by split votes in the House and Senate. Republicans overwhelmingly favored the measures while Democrats generally opposed them.
photo by sabianmaggy
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.
David Inguanzo
Posted by Scott Adams on Monday, August 31, 2015
Posted by David Inguanzo on Sunday, August 30, 2015
TEN TIPS AND TRICKS FOR FAMILY RIGHTS=====================================1. Don't be a family rights fool - work...
Posted by Mario Alberto Jimenez Jerez on Sunday, August 30, 2015
DIVORCECORP COMES TO NETFLIX DEMONSTRATES WHY OUR CLASS ACTION LAWSUIT!...
Posted by Mario Alberto Jimenez Jerez on Monday, August 31, 2015
WLYB....Please copy paste and SHARE
Posted by Glen Gibellina on Monday, August 31, 2015
Posted by Children's Rights on Monday, August 31, 2015
Posted by Children's Rights on Monday, August 31, 2015
Posted by Children's Rights on Monday, August 31, 2015
Posted by Children's Rights on Monday, August 31, 2015
Posted by Children's Rights on Monday, August 31, 2015
Posted by Children's Rights on Monday, August 31, 2015
Posted by Children's Rights on Monday, August 31, 2015
Posted by Children's Rights on Monday, August 31, 2015
Posted by Children's Rights on Monday, August 31, 2015
Not every circumstance occurring in our culture should be subject to an election, as if it were a constitutionally guaranteed choice; some conditions are, to the contrary, an inalienable right, such as a child's right to each parent equally after divorce.
ReplyDeletehttp://divorcesupport.about.com/od/childrenanddivorce/a/Child-Custody-Making-Shared-Custody-The-Right-Of-Every-Child.htm
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?
"CHILDREN OF DIVORCE DESERVE FULL ACCESS TO BOTH PARENTS, WHENEVER POSSIBLE."
ReplyDeletePersonally, I can’t find anyone willing to reject that statement publicly. It’s a fundamental truth. We now have a wealth of evidence demonstrating children are better off, in most situations, when they have something near equal time with each parent. So why are shared-parenting bills are being rejected throughout the country?
Do legislators believe mothers are more important to children than fathers? For the most part, I don’t think so. Politicians are, however, under quite a bit of pressure from some very powerful anti-shared parenting special interests. Recently, we’ve seen these opponents contribute to shared-parenting bills failing to pass in South Dakota and Minnesota.
Some would argue disappointments like those are clear signs that shared parenting legislation will not happen anytime soon. The opposite is true. The near victories in these states and others is an enormous indication politicians are beginning to understand the vast majority of American citizens believe children of divorce deserve equal access to both parents, whenever possible.
In fact, South Dakota’s bill lost in a 21-13 Senate vote. That’s a swing of 5 senators. If merely 5 senators felt more pressure from South Dakotans than they did from special interests, South Dakota would have a shared parenting statute. We should commend the remaining politicians in South Dakota’s Senate for doing the right thing.
In Minnesota … well, Minnesota is a travesty. That bill passed, and on May 24, 2012 Governor Mark Dayton vetoed it. Governor Dayton claimed that both sides made “compelling arguments,” but because the “ramifications” of the legislation were “uncertain,” he decided to single-handedly overrule the will of his constituents and their representatives. Mr. Governor, unless you are ending slavery or beginning women’s suffrage, you will likely never have the benefit of “certainty” in your political career. Again, we should praise the Minnesotan politicians who voted for the bill.
Six people. Six people stopped two states from enacting shared parenting. Six people do not indicate shared parenting is a distant hope – they indicate profoundly that it is an imminent inevitability.
Mike Haskell is a divorced dad, shared parenting supporter and practicing family law attorney in Grand Rapids, Michigan.
ACFC is America's Shared Parenting Organization
"CHILDREN NEED BOTH PARENTS"
The members of the American Coalition for Fathers and Children dedicate ourselves to the creation of a family law system and public awareness which promotes equal rights for ALL parties affected by issues of the modern family.
ACFC is challenging the current system of American family law and policy. Through a national system of local affiliates and in alliance with other pro-family and civil liberties groups, ACFC is shifting the public debate to the real causes of family dissolution.
PRO SE RIGHTS:
ReplyDeleteSims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."
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."