Constitutionalizing Family Law

| Section of Civil Rights and Social Justice |

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The Federalization of Family Law

Vol. 36 No. 3

Historically, family law has been a matter of state law. State legislatures define what constitutes a family and enact the laws that regulate marriage, parentage, adoption, child welfare, divorce, family support obligations, and property rights. State courts generally decide family law cases. But since the 1930s, Congress has enacted numerous federal statutes to address serious problems regarding family law matters that states have been either unwilling or unable to resolve, especially when the welfare of children is involved. Today, congressional legislation, decisions of the U.S. Supreme Court, and the participation of the United States in more international treaties have “federalized” more and more areas of family law traditionally left to the states.DivorceCorp - Consulted a minister and psychiatrist NOT Lawyer - AFLA Blog 2016

A multitude of federal laws now regulate and impact families; some specifically confer jurisdiction on federal courts. As a result, federal courts now hear a growing number of family law cases, especially those that involve complex interjurisdictional or full faith and credit issues. The Supreme Court has contributed to this federalization by “constitutionalizing” family law. It has repeatedly used the U.S. Constitution, in particular the Fourteenth Amendment, to extend constitutional privacy protections to increasing numbers of persons and to invalidate state laws in areas of law previously thought to be the exclusive province of state legislatures.

Internationalization of the law likewise contributes to federalization. As people and goods move freely across country borders, so do their family law issues and problems. The U.S. State Department now actively participates in the drafting of international treaties, working with the Hague Conference on Private International Law and the United Nations (UN) to address family law issues on a global scale. iinguanzo-v-rose-causes-20151The United States has ratified and implemented many international law conventions. The Supreme Court has noted the judicial opinions of the European Court of Human Rights in cases involving privacy rights of same-sex partners and the juvenile death penalty.

Congressional Action since the 1930s

For almost two hundred years, the fifty states regulated family law because the federal government did not. The Tenth Amendment left states with “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it.” Beginning with the New Deal legislation of the 1930s, Congress has used its powers under the Commerce Clause, the Full Faith and Credit Clause, and the spending power to set policy. A brief look at the areas of child support and child protection illustrate how Congress has set the national social welfare agenda by passing laws, allocating money for programs, and requiring states to comply with federal regulations to receive funding.

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Equal Time with parents is best for children of separation – divorce.

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Equal Time with parents is best for children of separation – divorce.

Citizens have literally invited the government to control every area of the lives of children and their families.

Education is salvation for your family.” ~ Nancy Rolfe

GOVABUSE® Founder

This has made obsolete, the role of parents and grandparents and weakened the entire country. 

Parental Rights Civil Death - 2016When the governmental agencies separate any family unit,  people become desperate, emotionally unstable, financially destitute spending every dime on hope of reunification and many become physically ill due to the depression, lack of sleep etc…

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Many deal with loss of employment resulting from taking time off of work for; court dates, appointments with; lawyerscourt psychologists, evaluators, social workers, guardian-ad-litem and many others involved with cases.

Know your legal, moral and natural rights!Parent have rights - Stand up for Zoraya - 2015

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Broken Family Court System

Broken Fathers - 2015A Broken Family Court System:
‘What are You Prepared to do?’

Ignorance is bliss in some scenarios, and as a father having been involved in a contentious divorce and custody ordeal it was a luxury I found myself longing for at times. Facing a situation where one’s back is against the wall, in a court environment overtly hostile towards those who represent themselves, as a pro se litigant is a place parents should venture with extreme caution. In my situation it came to a point where in keeping up with my own case at times I began to become curious and observe what I knew to be odd behavior and activity within the court and its players.

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Psychiatric Ploys of Child Custody

Psychologist Margaret Hagen, a professor and medical industry insider, details the very real danger of this booming business.b1dfd-the2bfamily2bcourt2bis2bwrong25212521

In every state, a child can be taken away from a parent on the strength of five minutes of “neutral” testimony from a social worker. A criminal suspect’s freedom or incarceration can depend on a superficial psychological examination performed by an incompetent, overworked, or, at worst, paid-off psychologist. Parole hearings hinge on the testimony of similarly incomplete or fraudulent evaluations, allowing “rehabilitated” violent criminals back onto the street to commit more heinous crimes, with no accountability for the reviewing “expert.”

Unmasking some legal psycho-expertise as a total fraud, Dr. Hagen instructs readers to protect themselves and their families from being victimized by psychological testimony in the courtroom. In today’s frenzied legal climate, her insight and wisdom make for provocative, compelling and invaluable reading.

Rep. Tim Murphy on Plan to Reform Mental Health Care

As part of its regular briefing series, this morning the Child Mind Institute welcomed to its New York City headquarters

Representative Tim Murphy (R-PA), who provided an update on the Helping Families in Mental Health Crisis Act of 2015, H.R. 2646.  The Act, introduced by Reps. Murphy and Eddie Bernice Johnson (D-TX), focuses on mental health reform that would help both those with mental illness and families who are struggling to get necessary care for their loved ones.  According to Rep. Murphy, the legislation has advanced out of the House Energy and Commerce health subcommittee, and its chances of coming up for a vote in the full House in 2016 are strong.

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Child Custody for Fathers

i-am-dad-20152It has always been assume that that full custody would be given mostly to mothers but legally that is not the way it really works. Fathers have equal rights two having full custody of their children in the United States.

If you are a father who wants to get custody of your child you must prepare in the same way as if you were a mother.

The Family Court is WRONG!!You must prepare all documentation that shows all child support payments prior to your court hearing. You must prove that you are capable of providing for your child and that you are the best choice when it comes to your child.

In court always stay calm and refrain from any courtroom outburst. Your behavior can affect the outcome of your child custody dispute.

ce89b-i2bpromiseAs a father you must be able to demonstrate to the court Why you should have full custody of the child instead of the mother.

Shared custody or joint custody is usually given between parents unless one of the parents is unable to properly care for a child.

Let me tell you about Marriage - 2015If you have a good reason why you should have full custody of your child then you must be able to explain and back it up with proper documentation.

If you go to court and understand how custody disputes work by learning all the necessary information regarding child custody your chances of winning are good. That they key is to the laws in your state and know exactly everything that you need to do to win.

Don’t risk losing your children because you work well prepared when you went to court. Click the link below this video to get a free report on child custody disputes. 

Child Custody for Fathers

Click to Get Your FREE Report Child Custody Disputes. 10 Things You Should Know about Child CustodyFamily court needs to change - 2016

Child Custody for Fathers

According to the Journal of Research in Crime and Delinquency, “The most reliable indicator of violent crime in a community is the proportion of fatherless families. Fatherless families, in turn, are caused in part by family courts that exclude fathers from post-divorce parenting. By instituting shared parenting after divorce or separation, fathers would be allowed to continue to show their sons the right way to grow into manhood.”Courts must work toward a shared parenting norm – Miami Herald

In the release, Dr. Ned Holstein, founder and board chair of National Parents Organization said: “Unfortunately, however, our nation’s family courts prevent millions of divorced and separated fathers from having meaningful relationships with their children, which only leave their children more vulnerable to this unfortunate behavior.”

“The repeat narrative is deeply troubling,” Holstein said. “An individual who grew up without the love and support of both parents turns to unfathomable, deadly gun violence. This must stop, and one piece of the solution is to ensure children have both parents intimately involved in their lives after separation or divorce… With this in mind, I urge legislators in all states to join the family court reform movement to make shared parenting the new status quo in our society, if both parents are fit and there has been no significant domestic violence.”

Well, now. I agree to most of what Holstein has to say about this serious matter. Courts must work toward a shared parenting norm – Miami HeraldBut not all boys who grew up without the love and support of both parents turn to “unfathomable deadly gun violence.” I know of one who grew up in a fatherless home, and became the president of the United States.

Still, as a single mom who raised two sons, I know how frustrating it can be for a mom who must work outside the home and still is expected to instill all the positive male values in her son or sons. It is a hard hill to climb. It is hard to know who to trust with your children. In my case, I turned to the pastor and other godly men at my church to help me with the upbringing of my sons. It was a blessing to me as well as to my sons. I realize, though, that this isn’t the case with a lot of women. It is hard to know who to trust with your children.

Courts must work toward a shared parenting norm – Miami HeraldWhile it is true our family courts must do more to move toward shared parenting whenever there is a divorce or separation in a family, an old saying comes to my mind concerning laws to make this possible: You can bring a horse to water, but you can’t make him drink. In other words, the lawmakers can make the law, but enforcing it is still something else. There is no law to make a person love his or her children. Love can’t be legislated. We simply have to trust the courts to do the right thing whenever the law is broken.

The bottom line is still this: “… Our children need both parents in their lives to thrive,” Holstein said. “For this reason, lawmakers in every state must move forward with family court reform as soon as possible.”

I spoke with Holstein, who lives in Massachusetts, by phone. He said strides are being made. Within the past year, at least 22 states — Florida included — have passed and implemented legislation supportive of shared parenting after divorce or separation whenever the parents are fit.

Source: Child Custody for Fathers

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Courts must work toward a shared parenting norm – Miami Herald

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