Post by Tyrese Gibson.
Friday
Parental Alienation, Estrangement, Crappy Parenting?
Mom testified (with her lawyer from Greenberg, whatever, whatever law firm) to Honorable Judge Valarie Manno-Schurr, on November 4th, 2014, that Zoraya was scared of her Dad.
Does this look like a little girl that is scared of her Dad??
This matter is well documented and fills half of a banker’s box. There is evidence to prove police misconduct. The Father suffered and continues to suffer because of the trauma of this family court case.
The Father has known the Mother since 1990 when they started dating and there has NEVER been any incident of domestic violence. The Father filed a paternity suit for his Father’s rights to his daughter and the Mother was advised by her attorney to make the false allegations to the police to gain an upper hand in the family court case.
We can provide all the documents, police reports, and case numbers if your interested in pursuing this case. The Father also contacted State Attorney Katherine Fernandez Rundel on 3 occasions only to be referred back to the MDPD. The Father corresponded directly with the now retired Director of the MDPD Mr. Loftus who referred him to his subordinates, Major Shimminger and Major Herrera. The Father still battles these false allegations until today.
Monday
Displeasing the Alienating Parent
Fear Reaction to Displeasing the Alienating Parent
The Fourth Ingredient of Parental Alienation
This is the fourth in a series of posts devoted to discussion of the four
criteria found in cases where parental alienation is present.
Deterioration
in the Parent Child Relationship
The Third Ingredient of Parental
Alienation
This is the third in a series of four posts devoted to the four behavioral criteria that are all present in cases of parental alienation. These criteria were first described in an article authored by myself and family attorney, Michael Walsh. The article was first published in the Florida Bar Journal and then was republished as the lead article in the Minnesota Bar Journal.
Access
and Visitation Blocking
The Second Ingredient of Parental Alienation
This is the second in a series of four posts devoted to the four criteria that are found in parental alienation cases. As a reference point to this, I would remind the reader that this series of posts is related to an article authored by myself and a Florida Attorney, Michael Walsh. The original purpose of the article was to provide Family Law attorneys with a kind of template as to what to look for in these cases. It was written in such a way that one could potentially review the file and make a fairly good speculative guess as to the presence or absence of parental alienation.
Access
and Visitation Blocking
The First Ingredient of Parental Alienation
This is the first of four weekly posts regarding the four criteria which are present in cases were Parental Alienation is present. These posts are derived from an article that was published in the Florida Bar Journal in 1999.
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
|
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!
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