It’s time to stand up and be counted. Just look around you. There is an enhanced appreciation for the vital role both parents play in rearing healthy, happy, well – adjusted children. It makes good sense for our Family Courts in accounting for our children’s needs to consider also any benefits associated with the maximizing the time each parent spends with the child, as well as the detriment of limiting the child’s time with either parent. Until we stop reducing the richly textured experience of parenting children to fights about time, we won’t recognize the variety of ways in which unique and meaningful parent – child relationships can be maximized in shared parenting, not just in a two week rotating schedule, but over a lifetime.
Whatever the court setting, whether it is regarding divorce, child custody, parental support, probate matters, personal injury, property disputes, legal or medical malpractice, criminal charges, or other deeply personal issues, the frauds put forth in our courts add greatly to the trauma. When litigants are unable to get fair resolution to their issues, when the court dysfunction further adds to the litigant’s burden, when no amount of actual case law compels an equitable outcome, litigants suffer often disabling levels of stress.
When further attempts to achieve redress fail, litigants display the hallmark signs of Legal Abuse Syndrome (LAS). *The concept of Legal Abuse Syndrome was brought to the attention of this writer by investigative journalist Michael Volpe, who’s completing a book on the life and suicide of ones of its victims. The book’s pre-publication title is Bullied to Death: The Chris Mackney Story. (Dr. Huffer, incidentally, invites reports of cases like this one on her website’s Contact page.)
ALL JUDGES HAVE THE SAME LAST NAME — “GOD.”
Time to stop absolute discretion and immunity for Family Court Judges. They operate above the very laws they seek to enforce. They sit in judgement of families with no checks and balances. This legal loophole has been used as a means by corrupt Judges and Attorneys. No one should be beyond the laws that all other citizens of the society live by. So……..
Child custody and visitation; the relationship continues
Who is going to have custody of children when the couple separate or divorce? This decision has to be made along with, how the children will be taken care of and the visitation, the how of each parent spending time with the children. Relationships cause connectedness and there are orders to abide by. There are two types of custody orders.
There is visitation plan to prevent and reduce confusion, anger and further conflict. Under supervised visitation, when the child’s safety and well-being is at issue or if the child and the other parent would need gradual exposure, it is supervised by custodial parent, an adult, a professional agency or a mental health counselor. There is also a “no visitation” rule about that, even if with supervision, physical and/or emotional welfare of the child can be jeopardized. When visitation, custody or time share plan is drawn the above issues are clarified.
Custody and visitation is decided considering the best interest of the child’s health, safety and wellbeing. Here history of abuse by either or both parents is considered.
The Five Methods Of Establishing Paternity In Florida
The State Statute Governing Paternity in Florida
A father is both the legal and biological father is he was married to the child’s mother at the time of the child’s birth. If, however, the child was born out of wedlock, a biological father will have to take formal legal steps to become the child’s legal father. This process is relatively easy if the father and mother are on good terms, and have a mutual desire for one another to visit and develop a parental relationship with the child, support the child’s financial, educational, and health needs, and participate in the child’s upbringing. In such cases, the Acknowledgement of Paternity is voluntary, and not at risk of cancellation by either party.
Acknowledgement of Paternity Alone Does Not Grant Custody Rights
Fathers often think the Acknowledgement of Paternity form grants more rights than it really does. This is understandable, given the language of rights, responsibilities and duties on the form. However, legal establishment of paternity does not guarantee actual custody rights, such as time-sharing or making decisions regarding the child’s education and upbringing. These rights must be granted by a court. Absent court-ordered time sharing and parental responsibility rights, a father, in reality, possesses only limited rights. Notice is one such right, meaning a father with legally established paternity rights is entitled to notification in the event the mother chooses to put the child up for adoption. Additionally, such notice provides a father with paternity an opportunity to obtain custody rights. Lastly, just as an Acknowledge of Paternity does grant some limited rights, it also restricts rights. For example, by acknowledging paternity, a father, absent fraud or duress, will almost certainly be prohibited from later calling paternity into question by requesting a DNA test.
The Putative Father Registry May Afford An Opportunity To Assert Custody Rights
For fathers seeking custody in lieu of the mother putting the child up for adoption, the Putative Father Registry is one option. Putative means “generally considered or reputed to be.” The purpose of the registry to allow a man contending to be the unmarried biological father of a child to preserve his right of notice and consent in the event of an adoption. As with the Acknowledgement of Paternity, registration is time-sensitive. While a claim of paternity may be filed at any time before the child’s birth, a claim may not be filed after a petition for termination of parental rights is filed.
Full Responsibilities Even When There Are Only Limited Rights
Filing a Petition for Paternity Is The Only Way To Obtain Legal Custody and Decision-Making Rights If the Mother and Father Were Unmarried At the Time of The Child’s Birth
To obtain more than the limited rights created by an Acknowledgement of Paternity or registration with the Putative Father Registry, a father must file a Petition for Paternity. Admittedly, this is confusing; why, after all, would one need to petition forpaternity after acknowledging it? Nonetheless, the petition must be filed. In doing so, one requests that the court grant the father decision-making and time-sharing rights. Absent such a grant of rights, the child’s mother possesses all rights concerning parental responsibility and custody. All this is to say that an Acknowledgement of Paternity merely establishes the presumption that the man who signed the child’s birth certificate is the father of the child. It is the Petition for Paternity that confirms the presumption and actually creates the father’s parental rights.
There Are Numerous Benefits To A Successful Petition for Paternity
Disadvantages To Not Filing A Petition For Paternity
Sometimes a court-ordered DNA Test Is Required To Identify A Child’s Biological Father
When the relationship between an unwed mother and father of a child ends, it is sometimes the first time that the father is forced to consider the need to legally establish paternity. Other times, there was little or no relationship to begin with. In these instances, especially the latter, a court-ordered DNA test may be required to legally identify the child’s biological father. A DNA test is a scientific, genetic test used to determine whether or not a man is the child’s father. It is a common misconception that a DNA test requires needles or blood. Because DNA exists in literally every cell in the body, skin cells are sufficient. For a DNA test, a swab is used to collect cells from inside the cheek area near the mouth. The process is completely painless. For a DNA test to establish paternity, the alleged father, mother, and child are scheduled for testing. At the testing site, identification must be provided. Acceptable forms of ID include picture identification, such as a driver’s license or passport, as well as a Social Security card or birth certificate. All three parties – mother, father, and child – provide DNA samples, and also have their pictures taken. The DNA samples and photos are then sent to a genetic testing laboratory. There, the cells are all compared. It is this comparison that determines whether the alleged father is indeed the child’s biological father. The test results are then mailed to mother and alleged father.
In The Event You Learn Later That You Are Not In Fact the Child’s Biological Father
What To Do If You Are A Father Whose Name Does Not Appear On Your Child’s Birth Certificate
Post by @BoycottFamilyLw.