We have a Civil Right to be presumed "FIT AND EQUAL" Parents to our Children

"We have a Civil Right to be Parents."

an essay by John Murtari, Group Coordinator, AKidsRight.Org

In 21st Century America many believe all our Civil Rights have been recognized. To mention a few: freedom of speech and religion, personal liberty, equal treatment for women and people of color. All foundations of a healthy society. But what about the security of family, the right of parents to raise and nurture their own children?

When my son Domenic was born I'd never thought about Family Rights. I had a two-parent family. None of my friends had been in a custody battle. I assumed I'd be able to share the same love and attention on my son as my parents did with me. The painful experience of a divorce taught me that I was very wrong.

I discovered, as have many parents, that if my relationship with my child is challenged by a former spouse or even a social worker, my child and I have no right to family. A trial may occur, but there will be no jury of my peers. A lone judge will decide what's in the "best interest" of my child. This could include limited or no contact with a loving parent for an entire childhood. 

I've come to believe we have a Civil Right to be presumed FIT & EQUAL parents to our children, unless you are convicted in a criminal court of being a demonstrated threat to your kids.

Good, average, and poor parents are all FIT & EQUAL parents.

Why? Because one foundation of morality is the supremacy of individual conscience - what many know as "let your conscience be your guide." What more natural obligation does any parent have than to care for their own kids? To be present in their lives in the many roles that only a parent can fill.

Reference From the Vatican web site:

1778. Conscience is a judgment of reason whereby the human person recognizes the moral quality of a concrete act that he is going to perform, is in the process of performing, or has already completed. In all he says and does, man is obliged to follow faithfully what he knows to be just and right....

1782. Man has the right to act in conscience and in freedom so as personally to make moral decisions. "He must not be forced to act contrary to his conscience. Nor must he be prevented from acting according to his conscience...."

America's Fathering Crisis

On MLK Day, I find myself reflecting on my father-in-law’s story. I am also reminded that Dr. King’s famous “I have a dream” speech was about being a father. It was about envisioning the future he wanted for his children, and then working to make that dream a reality.

“I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character,” he said.

We can all learn something from Dr. King, Dr. Little, and Championship Fathers across the globe …

More important than a man’s circumstances—his race, his socioeconomic status, his custodial or marital situation—is the way in which he handles his circumstances and envisions the future.

English: Dr. Martin Luther King giving his "I Have a Dream" speech during the March on Washington in Washington, D.C., on 28 August 1963. Español: Dr. Martin Luther King dando su discurso "Yo tengo un sueño" durante la Marcha sobre Washington por el trabajo y la libertad en Washington, D.C., 28 de agosto de 1963. (Photo credit: Wikipedia)

Do you model self-control? Do you remain calm and rational, even when others are becoming bitter … perhaps even violent? Can you hold your head high because you know you are acting like the dignified man you want your children to see?

English: Attorney General Kennedy and Rev. Dr. Martin Luther King, Jr., 22 June 1963, Washington, D.C. (Photo credit: Wikipedia)

Shared Parenting Supporters Say "Changes Are Long Overdue".

The State House hearing room seemed an unlikely place for grown men to bare their souls.

But as father after father took a seat in a committee room, urging lawmakers to support proposed legislation to revamp Massachusetts’ child-custody statute, they laid out the particulars of their divorces and personal lives in blunt detail.

What's New(s) in Florida Access to Justice

Posted by Family Justice & Child Protection Worldwide Reform Committee on Thursday, October 22, 2015

Posted by Family Justice & Child Protection Worldwide Reform Committee on Thursday, October 22, 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/

Posted by Childrens Rights Florida on Thursday, October 22, 2015

Posted by Childrens Rights Florida on Thursday, October 22, 2015

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

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.

Certain Truths Are Self-Evident

Ten things you need to know about the structure of the CRC:

• It is a treaty which creates binding rules of law.  It is no mere statement of altruism.^1.
• Its effect would be binding on American families, courts, and policy-makers.^2.
• Children of other nations would not be impacted or helped in any direct way by our ratification.^3.
• The CRC would automatically override almost all American laws on children and families because of the U.S. Constitution’s Supremacy Clause in Article VI.^4.
• The CRC has some elements that are self-executing, while others would require implementing legislation.  Federal courts would have the power to determine which provisions were self-executing.^5.
• The courts would have the power to directly enforce the provisions that are self-executing.^6.
• Congress would have the power to directly legislate on all subjects necessary to comply with the treaty.  This would constitute the most massive shift of power from the states to the federal government in American history.^7.
• A committee of 18 experts from other nations, sitting in Geneva, has the authority to issue official interpretations of the treaty which are entitled to binding weight in American courts and legislatures.  This effectively transfers ultimate authority for all policies in this area to this foreign committee.^8.
• Under international law, the treaty overrides even our Constitution.^9.
• Reservations, declarations, or understandings intended to modify our duty to comply with this treaty will be void if they are determined to be inconsistent with the object and purpose of the treaty.^10.

Ten things you need to know about the substance of the CRC:

Fix Dysfunctional Family Courts

In a session on best practices for working with parents with disabilities, attorneys from Bronx Defenders, give guidance...
Posted by Children's Rights on Thursday, August 20, 2015

FIX FAMILY COURT

The courts dealing with children, parents, families, and divorce are horribly broken. Children, mothers, fathers, and grandparents are being severely damaged by the broken system.

Bill Windsor, producer and Director of Lawless America...the Movie developed the following list of proposed legislation from his interviews with over 750 people in every state. Hundreds of people submitted ideas to be considered.

1. All court proceedings shall be recorded, and all parties shall have the right to do their own recording of all proceedings.

[Judges and attorneys get away with lies, concealing the tone of their comments, and falsifying court transcripts; this will be a tool to make them more accountable while protecting the fundamental rights of the parties.]

2. Judges must address all points raised by all parties in every court decision with a clear explanation with citation to determining facts, statutes, and case law.

[One of the dishonest/corrupt techniques used by judges is to ignore the issues, facts, and law. By forcing judges to address the issues, facts, statutes, and case law on each issue in their orders, judges will either treat the parties fairly or expose their corruption for all to see. When judges violate this provision, an aggrieved party will now have the ability to take the matter to a Special Grand Jury.]

3. Judges must insist that people tell the truth in court with extreme consequences for those who don't.

[There are rules that will make the legal process infinitely more fair and less expensive. Judges must honor and enforce the rules. It is one of the only ways to get witnesses and attorneys to be more honest.]

4. All family court trials shall be by jury.

[Family court abuse and corruption is one of the most widely-criticized. Judges and their friends involved in the family court process create a situation ripe for injustice and corruption. We must remove the judges from this life-altering process for so many people. Let a jury of local citizens with their own families make these serious decisions.]

5. It shall be a child's right to be raised by his parent(s), free from government intrusion; have an attorney of his choice; be heard in court personally; be allowed to report abuse and know that the system will protect them; be protected from mental and physical abuse by guardians as well as the judicial system; and receive justice.

[Currently, the way children and their families are treated by the judicial system is a crime in and of itself. We the people must protect families and the children. These rights must be mandated because the existing system is hopelessly broken.]

6. No child may be taken from family without evidence and a hearing.

[Children are being removed from their homes at the whim of people. This life-altering decision must first be made in court and decided by a jury. We cannot allow families to be torn apart by people who should have no authority to take such serious action.]

7. All children deserve to live a childhood free from abuse, exploitation, and government interference during custody litigation.

[Custody litigation is devastating to many. The children must be protected not damaged by the system.]

8. The statute of limitations shall be eliminated in cases of sexual assault against children. The statute of limitations shall be eliminated in cases of perjury and fraud upon the courts.

[Laws must not be used to deprive citizens of recourse for wrongdoing.]

9. Whenever a criminal matter is raised in family court, that matter must pass to a criminal court where all normal criminal due process procedures, etc. apply.

[It is outrageous that criminal issues are raised in family court, and the accused is denied all of the legal protections.]

10. Hearsay shall not be allowed in family courts.

[Currently, judges make decisions based on whatever one side is willing to say in court. No evidence. No objections against hearsay, etc.]

11. Custody should be shared by both parents unless there is proven abuse or neglect.

[Some will disagree with this, but I happen to believe that both the mother and father are important to a child.]

12. Grandparents shall be listed on all birth certificates, and grandparents shall have automatic custody rights if their child is unable and they are willing and able. Grandparents are not always a good answer, but they should be looked at FIRST, and not as a second thought.

[The money-making machine that is Family Court doesn’t want children to go to their grandparents because there is no money in it for the system. This must be changed.]

13. There shall be no statute of limitations for child abuse.

[Protect children forever.]

14. A Citizens Review Panel shall be established to monitor all children and family matters.

15. No child, teen, or young adult may be forced into residential treatment facilities and forced to take drugs without parental authorization.

16. Child support, custody, and visitation shall be treated as one issue in family court.

17. Child support shall be based upon an ability to pay. There shall be no child support in a 50/50 custody arrangement.

18. If a parent cannot pay child support, that parent shall not be jailed. Parents who do not pay child support may be sued for fraud, and if a jury determines that fraud was committed, a judgment may be entered against the parent, and the court may revoke the driving privileges of the parent. No one should be jailed for non-payment of anything.

19. All children and family court proceedings should be public. The only ones they are protecting are the criminals.

20. Children shall be taken from parents only in extreme situations of abuse or neglect, and those decisions shall be made only by a jury after a full evidentiary trial.

21. Civil court requirement of a preponderance of probability shall be required in family court.

22. Where accusations of abuse are falsely made, there should be sanctions and criminal charges filed.

23. There shall be no custody rights granted to convicted domestic abusers. This is how they gain ground to further manipulate their victims.

24. Anyone who feels their court experience was improper may have their case reviewed by a Special Regulatory Grand Jury.

25. “Parental alienation” must be recognized as a problem and should be considered unacceptable.

26. No one shall be placed on any child abuse registry without a jury trial and a conviction for child abuse.

27. A “Safe at Home” program shall be established to protect citizens by having their addresses and contact information suppressed.

28. Remove any gender specific federal funding from Family Courts.

29. Cap GAL fees.

30. Mandate GAL's have to carry a specific level of education in the field of Social Work (BSW).
Bill Windsor and Lawless America developed additional ideas for legislation to fix the corrupt legal and judicial system: http://lawlessamerica.com/images/stories/GRIP/state%20legislation%20proposal-2012-09-26.pdf

Here is a video in which Bill Windsor presents Proposed Legislation for Family Courts --https://youtu.be/mWWA2FXyEU4

If you don't know Bill Windsor's story, here is a summary: http://lawlessamerica.com/index.php?option=com_content&view=article&id=1777%3Amovie-producer-bill-windsor-could-spend-the-rest-of-his-life-in-the-montana-state-prison-for-filming-a-documentary&catid=158%3Anews&Itemid=236

Image copyright busaca.com and Friends of Bill Windsor

 — in United States.

"Systemic Induced Trauma." Will you be able to settle or will you end up in family court?

Will you be able to settle or will you end up in divorce court? The only reason divorcing couples end up in divorce court is because one or the other refuses to negotiate, mediate or be flexible and come to an agreement with the other.

Ninety-five percent of all divorces are settled outside court. That is an encouraging statistic, but it needs to be known that the other 5% are the ones that keep the Family Court System working over time.

It is that 5% that tend to go back to court repeatedly. At times over frivolous issues that could be solved if one of the parties would make the choice to respond to the situation in a rational manner. It has been my experience when working with clients that the underlying issue with people who are continually going back to court is the need to get even with an ex-spouse.

There is either the spouse who refuses to follow through on an agreement in an attempt to get back at their ex-spouse or the spouse who withholds child visitation or child support in an attempt to get back at an ex-spouse. They use the Family Court System to keep from having to deal with each other and to keep from having to accept responsibility for the role they play in the ongoing conflict with their ex-spouse. It is toxic behavior that damages all involved including the one engaging in the behavior.

In other words, they keep a legal system backlogged because they have emotional issues that need to be dealt with. So, here is some advice from me, if your ex pushes your buttons emotionally and you want to get back at her/him by going to court, get thee to a therapist’s office, not an attorney’s office.

Karin Huffer, a marriage and family counselor in Las Vegas has identified a new disorder for a nation already reeling from chronic fatigue syndrome, Internet addiction disorder and other new-age afflictions.

It's called “legal abuse syndrome”, and it can strike crime victims, litigants, attorneys, and anyone who has dealt with the Family Court System. According to Dr. Huffer, “legal abuse syndrome (LAS) is a form of post traumatic stress disorder (PTSD). It is a psychic injury, not a mental illness. It is a personal injury that develops in individuals assaulted by ethical violations, legal abuses, betrayals, and fraud. Abuse of power and authority and a profound lack of accountability in our courts have become rampant.”

Using the Family Court System to abuse an ex only promotes more conflict. If you are of the belief that going back to court or engaging in behavior that defies a divorce court order you are engaging in legal abuse. A therapist can teach you skills needed to resolve conflict in a healthier manner, skills that will save you not only emotional stress but all the money you give a divorce attorney every time you are angry with your ex.

Make 50/50 Shared Parenting the Presumed Best Interest of Children and Parents

Here is a clear, policy-ready advocacy statement you can use for campaigns, op-eds, legislation, or family-court reform efforts. It is firm, balanced, and centered on children—not ideology.

---

Make 50/50 Shared Parenting the Presumed Best Interest of Children and Parents

Children thrive when they are meaningfully connected to both parents.

A legal presumption of 50/50 shared parenting—when both parents are fit and there is no abuse—best serves children’s emotional, psychological, and developmental needs.

This is not about parental rights over children.

It is about children’s rights to both parents.

---

Why 50/50 Shared Parenting Should Be the Standard

1. Children Need Both Parents—Consistently

Extensive research shows that children with substantial time and involvement from both parents experience:

• Better emotional regulation and mental health

• Higher academic achievement

• Stronger identity formation

• Lower rates of anxiety, depression, and risky behavior

Children do best when neither parent is reduced to a visitor.

---

2. Equal Parenting Reduces Conflict

Contrary to common belief, shared parenting lowers post-separation conflict by:

• Removing incentives to “win” custody

• Encouraging cooperation and accountability

• Reducing litigation and court overload

When courts start from fairness, parents are more likely to act fairly.

---

3. Gender Neutrality Promotes True Equality

Children benefit when parenting laws:

• Treat mothers and fathers as equally capable

• Reflect modern caregiving realities

• Eliminate outdated assumptions and bias

Equality in parenting strengthens equality in society.

---

4. Long-Term Outcomes Improve for Everyone

Shared parenting is linked to:

• Stronger lifelong parent–child bonds

• Better co-parenting relationships

• Improved child outcomes well into adulthood

• Reduced social and economic costs tied to family breakdown

This is preventive public policy, not just family law.

---

Important Safeguards

A 50/50 standard must include clear exceptions:

• Documented abuse or neglect

• Serious substance abuse or untreated mental illness

• Situations where shared parenting would clearly harm the child

Safety always comes first.

But absence of conflict or imperfection is not a requirement for parenting.

---

The Principle Is Simple

When both parents are fit and loving, children deserve both—fully, consistently, and without bias.

Make 50/50 shared parenting the starting point, not the uphill battle.

At the core of it all;  it is Human Rights.  Fathers... Mothers...  Both Human beings.   A child born is a Human created... that Human being created from a Father and Mother is going to be here long after breast feeding and long after its first few years of tender care.  The psychological effects of gestation and giving birth are something that a Male parent cannot understand.  This is not a fault or weakness, it is not permission to be treated with less Rights in Parenting.

A baby is born...  Parents are created at this moment too.  That creation process (when parents are born) is special and important.  Human rights are linked to every aspect of Parenting.  To write any laws to reflect gender preference is to define WHICH parent receives more parenting rights.  This is NOT a construct of Equality, it is the construct of social engineering.

Culture is evolving and law is progressive.

Acceptance of Equality
Practice of Equality
Enforcement of Equality

Of course there is people who stand in the way of Progression and Changes in Culture.

The fight is not simply your case... That is your personal battle... and it is extremely important because when you stand up for your rights not just as a father, but as a Human being and Parent.  You are taking a stand in society and showing people that you are not branding yourself in the image that society has cast shadows onto.  Fatherhood...  As a 'Father'  you might have strength, but in court or to Mothers, you might simply trigger stereotypes on a mental & Emotional level.   As a ' Parent ' you are Equal.  As a Human you are Equal.

If you have read finalized court documents you might notice that words can define you.  We all know that words are not truly what defines who you are, ...but on paper... to the courts...    Words can limit your Human Rights.  Stigma and Public Opinion are either enemies or valiant defenders of your case.  Fight for your cause!  and when you do, do it as a Human being fighting for Equal rights as a Parent.

Write your state reps and Write about this.  Whatever wrongs have been inflicted against you,  writing the state and your government about Equal rights for Parents (leaving gender descriptive words to a minimum or out completely) is the first steps in shifting culture and society into a more Equal and positive future for all parents.  Imagine all the young parents who will come after us...  We need to stand together and we will be stronger for it.

SAMPLE LETTER

MAKE 50/50 SHARED PARENTING STANDARD THE BEST INTEREST OF CHILDREN AND PARENTS

Please sign this petition letting your legislators know that you support creating a presumptive 50/50 Shared Parenting standard to protect our children and families from the ravages of the divorce industry.

To: State Legislators

What is more precious: your 14th amendment, basic human right to parent your children or your 2nd amendment right to bear arms? If you had to lose one, which would it be?

“Only lawyers win in the divorce” is the mantra from which Family Law  Statues where written under the false banner of a “child’s best interest.” The lack of a presumptive 50/50 Shared Parenting standard continues to make the divorce industry flourish while children’s lives lay in the ruin. 

By creating this 50/50 Shared Parenting standard, our children and parents will be protected from an industry that creates, promotes and perpetuates conflict for its financial gain. Lives are ruined, lives are lost and injustices beyond comprehension as children are alienated from their parents. 

The presumptive 50/50 Shared Parenting standard is based on an absence of a preponderance of evidence supporting abuse, neglect, addiction or other serious issue as defined by a Court. This fact-based and objective-based approach has to replace the hearsay and subjectively corrupt manner of today's family court processes. 

Given us this single standard can reduce the amount of divorce litigation by half and allow families to move forward with the best interest of all in mind. Help protect parental rights as strongly as gun rights.

It is your duty to introduce legislation establishing a presumptive 50/50 Shared Parenting standard and protect our divorcing families from being exploited by an industry for its own greed.

Sincerely,

[Your name]

Remain an Equal Parent to your Child!

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.

 2/20 

1. 1 Introduction to the Constitution - Part 1by hillsdalecollege
2. ▶ Introduction to the Constitution - Part 2by hillsdalecollege
3. 3 Introduction to the Constitution - Part 3by hillsdalecollege
4. 4 Introduction to the Constitution - Part 4by hillsdalecollege

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