The Constitutional Right of Parents to the Care, Custody and Nurturing of their Children.

The Constitutional Right of Parents to the Care, Custody and Nurturing of their Children.

Termination of Parental Rights - 2016

Constitutional Right to Be a Parent | Parental Rights

Below are excerpts of case law 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.

The rights of parents to the care, custody and nurture of their children is of such…

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Do Grandparents Have the Rights They Should? – Grandparents.com

 

Total Family Alienation

See state-by-state guide to grandparents’ rights.

Coming Soon: As a service to our readers, Grandparents.com is establishing the American Grandparents AssociationTM with the goal of becoming a key resource for grandparents who are physically removed from their grandchildren and would like to find a way to visit them.

Richard Kent, a family lawyer at Fairfield, Conn.-based Meyers Breiner & Kent, frequently goes to courtroom battle for grandparents seeking visitation with, or custody of, grandchildren.

“The state of grandparents’ rights is terrible,” says Kent. Under the current laws, if a couple’s adult daughter dies, he says, those grandparents could be denied visitation with their grandchild by the child’s father.

Even if they had what most people would consider a classic grandparent-grandchild relationship and, let’s say, saw their grandchild every Sunday afternoon. But in the eyes of Connecticut law, says Kent, unless grandparents have functioned as de facto parents — meaning they lived with their grandchildren or took care of them while the parents were at work — they are treated no differently than strangers.

“I think it’s absurd that a boy’s father can legally keep his grandparents out of his life,” says Kent, who wrote Solomon’s Choice: A Guide to Custody for Ex-Husbands, Spurned Partners, & Forgotten Grandparents (Taylor Trade Publishing).

Families crumble for any number of reasons: divorce, the death of a parent, drug and alcohol abuse, incarceration. Grandparents in the U.S. do have rights and can seek visitation with grandchildren, but those rights vary from state to state. Understanding your basic rights can help ensure that your relationship with the grandchildren doesn’t end should that with their parents. Of course, every case involves a unique set of facts and grandparents who find themselves suddenly cut off from grandchildren should consult a lawyer to discuss the course of action their specific situations require.

When Grandparents’ Rights Changed

In June 2000, the U.S. Supreme Court issued a 6-3 decision on grandparents’ visitation rights in the Troxel v. Granville case. This canceled out a Washington State law that permitted judges to grant visitation to any interested party so long as the visits were in the best interest of the child — even if the parents objected.

The Troxel v. Granville decision was ambiguous because while the majority of the justices agreed that Troxel should be decided a certain way, each had a different reason for doing so which resulted in six written opinions.

This makes it hard for state courts to interpret the decision. Despite this and the narrow set of facts in which the case dealt, Troxel v. Granville has become the basis for all subsequent discussion of grandparents’ rights.

Parent Vs. Grandparent: Whose Call Is It?

The case dates back to 1993, when Brad Troxel committed suicide in Washington State. Brad left behind two daughters and their mother, Tommie Granville, whom he had never married. Brad and Tommie were estranged at the time of his death, but Brad’s parents, Gary and Jenifer, kept visiting their grandchildren after the suicide. When Tommie remarried and her new husband adopted the daughters she’d had with Brad, Tommie limited the grandparents’ visits.

The Troxels wanted more time with their grandchildren and went to court for it, citing Washington State’s third-party visitation law, which said they had the right to visit so long as it was in the best interest of the children. A trial judge agreed.

The Supreme Court, however, did not and found the Washington State law “breathtakingly broad,” arguing that it infringed upon parental rights. It struck down the Washington Supreme Court’s decision, which had granted the Troxel grandparents rights to more visitation.

While groups such as AARP filed court papers in favor of grandparents’ rights, the parents’ rights groups hailed the Supreme Court decision in favor of Tommie Granville a victory. Groups such as the Coalition for the Restoration of Parental Rights and the American Civil Liberties Union applauded the decision which gave “fit” parents the final say on how to raise their children — including whether grandparents could see them.

Laws Differ State by State

At the most basic level, all states require grandparents to prove that the visits they seek are in the best interest of the grandchild. This generally means grandparents must show that their visits won’t be harmful in any way, and that they aren’t abusive or otherwise dangerous to the child. Beyond this initial hurdle, each state has a different threshold for when it will allow grandparents to take a case to court.

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You’re Worth Fighting For!!

Logo 2- 2016

You are an active dad — way beyond changing a few diapers. You attend to the emotional needs of your kids and are genuinely involved in caretaking: potty training, homework, tantrums. You’re involved in a real, meaningful way.

What happens when an actively involved dad is faced with a nasty, contentious custody battle? Here are the top five things that active fathers should know before they set foot in a courtroom:Fight Back - 2016

1. Fight as hard as you can to get the most time possible from the very start. Whether you want the kids to live with you (as primary residential custodial parent) or you simply want to have an “aggressive” visitation access schedule, be clear about your goals and push for what you want. If you want equal time (or any decent amount of time), you need to push for more from the very beginning of the case. Devise a strategy to demonstrate to the court that you understand your child’s routines, needs and care. Show why the schedule you are proposing is workable, realistic and in the “best interests of the child.” You cannot settle for a tiny “temporary” schedule and expect to fight for more later, because you are then fighting an uphill battle.

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Effective Advocacy Strategies for Child Advocates in Florida | Family Court in America

Family-Court-Where-parenting-is-cut-down-etc
Meet Jill Jones-Soderman: 866-553-6931 The Foundation for the Child Victims of the Family Court. See their mission statement below. Our goal is to aggressively fight for justice on behalf of the CARING PARENT involved in contentious custody battles. We try to promote love, loyalty, safety and inter-generational cohesiveness within families, so that adults and children thrive and are empowered individuals.Our core goal is to protect the rights of caring families to raise their children, express their culture, beliefs and lifestyle within the privacy of their own homes. We believe that this is an inalienable right protected by the Constitution of the United States.It is our responsibility to speak out, publish and file complaints against those who intrude upon these rights or act in an unethical or improper manner when dealing with our clients.
Respect for our clients’ confidentiality, and our willingness to aggressively defend their rights is an integral part of our work.We offer solutions to high conflict divorce by providing alternatives to litigation, when that can be achieved: Therapeutic mediation Parent coordinator support. When there is NO alternative to litigation: We aggressively provide non-attorney consultation, forensic legal evaluation of your case, and Court submissions, filings and presentations, to help you gain custody! We go where others fear to tread. We protect client confidentiality, dignity and your legal & civil rights. We provide on-going therapeutic advocacy while supporting our clients through the Family Court litigation process. We also support Civil Court and Federal Civil Rights actions on behalf of clients, to ensure they receive legal justice and appropriate compensation for their families! http://www.fcvfc.org/index.html Share and be there! 

The Freedom For All Network – BlogTalkRadio
Hear how a loving father was bullied by the family court system, until he couldn’t take the pain any longer and ultimately took his own life.

Pathology and Family Court

in Psychology

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Child support needs to catch up to reflect new roles for fathers, say experts

How ‘deadbeats’ can still be good dads – The Boston Globe

ONE KIND OF FAMILY is the one in an old greeting-card picture: two parents, one or more kids, all under one roof.

But another kind of family has become more and more common over the last several decades. We tend to call it “single parenting,” but it is really better described as an unmarried mother and father living apart, their children, and the government whose laws regulate their relationship.

That set of laws is the child-support system, and it covers 17 million American children—about a quarter of them. But that system is nearly 40 years old, established during a different economy, and built on an old model where the mother was the caretaker and the father simply brought home the bacon. Today, a group of critics is saying the system needs an update, not only to be fair to adults but to avoid hurting the children whose interests it is supposed to serve.

These critics are particularly focused on the role of fathers, who make up the vast majority of noncustodial parents. Fathers are overwhelmingly the target of the current system’s narrow focus on collection and enforcement. And for middle-class and high-income men, it may make sense to require simply that they pay up or else.

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Florida Bar Accused of Misconduct

The judge rejected it without blinking.

But now, the Florida Bar, which sets the ethical standards for attorneys is accused of breaking its own rules, claims Tampa Attorney Scott Tozian. “The Bar acted in an improper manor in a prosecution of this case,” said Tozian.

 

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Lose all custody and be reduced to a visitor

Child on the stand - 2016

Dedicated to the proposition that children are best served by having unfettered EQUAL access to BOTH parents and to the proposition that fathers are indispensable. http://www.facebook.com/groups/ChildrensRightsFlorida Improve the lives of children and strengthen society by protecting the child’s right to the love and care of both parents after separation or divorce. We seek better lives for children through family court reform!! The Facebook Group is about the human rights of children with particular attention to the rights of special protection and care afforded to the young, including their right to association with both biological parents. Read more about children’s rights at http://en.wikipedia.org/wiki/Children%27s_rights

A Child’s Right to Both Parents

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A Brevard County judge has been removed by the Florida Supreme Court 
FLORIDATODAY.COM|BY JEFF GALLOP

Brevard father fights adoption agency to regain custody of daughter

Brevard father fights adoption agency to regain custody – A Brevard county father fighting to get custody of his young daughter will have to wait for a judge to make a decision.  WFTV.COM

absolute right for childrenA Child’s Right to Both Parents

Stop Absolute Judicial Discretion in Family…Judge Scalia quote on Judicial System Perception - 2016

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WE ARE NOT A DISPOSABLE GENDER

Family Court Legislation Proposed  ~  Children’s Rightsthe war on men - 2016

Florida Florida Access To Civil Justice Florida Justice Association And Justice 4 All ~ Florida Florida Justice Institute Childrens Rights Florida Children’s Rights Stop Child Abuse Stop Emotional Child AbuseWhat happened to EQUALITY - 2016

Being the queen of generalizations I am going out on a ledge.But hear me out. Even one of the columbine shooters was treated with an anxiety medication. Maybe we should see why the rates of asperger’s and autism are increasing? Maybe it could be as simple as the food we eat.(over processed). I say more love and understanding and having 2 parents would fix this sooner than gun legislation~Jan

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wethefamilies

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As an advocate for fathers against family court’s anti-father rulings. They unintentionally obscure the real tyranny that fathers face. Their pleas and actions play into complex morass that family court and its benefactors use as a smokescreen to cover its tyranny.

The family court is a far cry from its original version during our nation’s first century. Then, societal values made divorce and out-of-wedlock children rare. Fathers and mothers were held responsible for contracted obligations but not denied their parental rights and benefits. Society recognized both the fundamental rights of individuals and the importance of preserving the family because of the natural protection and incentives it afforded to its members – and to freedom from government intrusion into the family.

But the family court has, now, long been perverted into the family destruction business. It does so by denying fit fathers their parental rights to their own children – the…

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