Victory for Fathers’ Rights on Two Fronts!

Originally posted on Ohio Father Law Perspectives:

image

I have many clients who are fathers in bad situations. Some fathers find themselves in bad marriages, but fear filing for divorce because they believe that the courts will always favor the mother and they will simply lose their children. Other fathers, already divorced, feel shut out of the parenting process, but fear filing for custody because they believe it is simply a lost cause. Increasingly, however, the Courts are looking to facts and not simply to gender. The latest case to highlight this encouraging trend is Neer v Neer,  Montgomery County Appellate Case No. 25876.

In Neer, the mother appealed the trial court’s decision granting the father’s Motion to Terminate a Shared Parenting Plan and Motion to Modify Child Support. Father and mother had been in a shared parenting plan since their divorce. The father found the plan unworkable because of the mother’s unilateral actions. For example, mother decided…

View original 715 more words

How to Sue a Judge

DI:

#ColorOfLawAbuse

Originally posted on Fight Corrupted Family Courts and CPS:

How to Sue a Judge

By David C. Grossack, Constitutional Attorney Common Law Copyright © 1994   All Rights Reserved

Has a judge violated your constitutional rights? Have you been discriminated against by being treated differently than other people in similar situations by reason of race, religion, national origin, gender, sexual preference or political opinion? Have you lost certain rights without a meaningful hearing or even an opportunity to be heard?

Have you been deprived of any other constitutional protection? Have you been subject to Court action for the purpose of intimidating you from exercising an opinion, or practicing your faith? Don’t let them get away with it.

Although it is almost impossible to recover monetary damages from a judge (unless you can prove he or she acted ultra-vires beyond his or her legal jurisdiction) it is in fact possible to obtain relief in equity against a judge through civil rights…

View original 1,414 more words

Preponderance of Evidence Standard

Originally posted on Fight Corrupted Family Courts and CPS:

Under some circumstances use of the low preponderance of evidence standard may be a violation of constitutional rights. For example, if a state seeks to deprive natural parents of custody of their children, requiring only proof by a preponderance of evidence is a violation of the parents’ DUE PROCESS rights (Santosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388, 71 L. Ed. 2d 599 [1982]). Freedom in matters of family life is a fundamental liberty interest, and the government cannot take it away with only a modest evidentiary standard. However, a court may use a preponderance of evidence standard when a mother seeks to establish that a certain man is the father of her child (Rivera v. Minnich, 483 U.S. 574, 107 S. Ct. 3001, 97 L. Ed. 2d 473 [1987]). Most states use the preponderance of evidence standard in these cases because they have an interest in ensuring…

View original 5 more words

The Constitutional Right to Be a Parent

Originally posted on Fight Corrupted Family Courts and CPS:

The Constitutional Right to Be a Parent

Below are excerpts of caselaw from state appellate and federal district courts and up to the U.S. Supreme Court, all of which affirm, from one perspective or another, the absolute Constitutional right of parents to actually BE parents to their children.

No case authoritative within this circuit, however, had held that the state had a comparable obligation to protect children from their own parents, and we now know that the obligation does not exist in constitutional law.” K.H. Through Murphy v. Morgan, 914 F.2d 846 (C.A.7 (Ill.), 1990.

“Rights to marry, have children and maintain relationship with children are fundamental rights protected by the Fourteenth Amendment and thus, strict scrutiny is required of any statutes that directly and substantially impair those rights.” P.O.P.S. v. Gardner, 998 F2d 764 (9th Cir. 1993)

“Parents right to rear children without undue governmental interference is a fundamental…

View original 2,974 more words

Kingsley v. Kingsley, 623 so. 2d 780 18 fla: district court of appeals, 5th district, 1993-google scholar

Originally posted on Fight Corrupted Family Courts and CPS:

OMG! I have found the mother load of all cases. This 1 case will give you all the necessary cases to beat DCF on TPR cases in florida. Other states, possibly because this case list constitutional law and federal law. Although this mother lost her parental rights because of “clear and convincing evidence” of abandonment, our 5th dca gave everyone in florida an opinion so detailed with any case to support your argument against TPR that everyone should send the 5th dca letters of thank you. Anyone dealing with TPR need to read this case and get out the necessary cases they need to fight DCA. Every state should be interested in this case.

Kingsley v. Kingsley, 623 so. 2d 780 18 fla: district court of appeals, 5th district, 1993-google scholar

You’re welcome!

View original

A fathers plea for help: I LOVE My Daughter!

Originally posted on Fight Corrupted Family Courts and CPS:

Family Law Court discriminates against Men as cargivers You have always been a voice for those who need it, there are millions of families being torn apart by the Family Law Court System.. PLEASE HELP.

I am a father. Not a deadbeat, not a coward, not a man that runs away from being a father, or a deserter of my own flesh and blood.Not a sperm donor or a court appointed ATM, but a Father in the purest form of the word.And while choosy “Moms choose Jif”, I sit, at 3:05 am holding the hot hands of a sick 7 year old princess.But that’s my job. Because I am a father. I would speak to my daughter while she was in utero. She would respond with little kicks and from the womb.. we interacted, and hadn’t even seen each other yet..When you immediately accept that, even before your child takes…

View original 623 more words

Communicating Effectively In Family Court

Originally posted on About The Children, LLC's Blog:

What Are You Really Trying To Say

communication-983x1024

            Most of the time, parents don’t know what questions to ask or where to start in a family court case. It’s quite common for parents to be somewhat clueless about the whole process of getting custody or visitation of their kids or going through a straight divorce, and that’s okay. One of the biggest problems with situations like this is communication. If you don’t know what to say or how to say it, the chances are pretty good that your attorney or the person presiding over your mediation session or even the judge, will get confused about who’s talking about who, what the issue really is and what you or your ex wants out of this. Any amount of confusion is not good in these kinds of situations. In family law, the judge is going to make a decision based on what…

View original 348 more words