Constitutionalizing Family Law

| Section of Civil Rights and Social Justice |

This slideshow requires JavaScript.

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.

Continue reading

Divorced Co-Parenting Oxymoron

Divorced Co-Parenting Oxymoron

This slideshow requires JavaScript.

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

This slideshow requires JavaScript.

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

Shoot the Messenger in Family Courts

Yes. They Shoot the Messenger in Child Custody/Access Cases | Gary Direnfeld, MSW, RSW

A parent called me asking for me to provide an assessment. I explained I do not provide court involved services anymore and explained why. The caller asked for a referral to someone who did. I offered the name of a respected colleague.

The caller emailed thereafter and included in the email messages that had been posted about the colleague on the Internet. The postings portrayed my colleague quite terribly. The caller wanted to understand how I could refer to such a person. My reply was this:

Continue reading

WHEN are WE as AMERICANS going to STAND UP

…and no longer allow Family Courts to “Courtnap” a child for one parent;Parental Alienation - 2016

Or allow CPS to kidnap and murder our children?

Why is it so important we reform Family Law?

The Pink Slip Project - 2016

Why these problems constitute a sophisticated form of Racketeering, something a friend of mine recently named the “cartel of Family Courts”?florida-families-united-childrens-rights-florida-2017-8-1024

votefamily-us-2015112Over twenty people testified of the complete dysfunction of our family courts in Miami and all across the state of Florida:  https://vimeo.com/channels/878408.

LRSP Public Meeting Miami-Dade February 23, 2015 — from The Florida Courts 

+ More details

https://www.facebook.com/SupportJudgeDeannSalcido/posts/1333405410008160

family-court-needs-to-change-2016

A corruption that is killing our children here and around the world:

CORRUPTION

Here in Florida, the number of children who have died under the mafia of the Family Court system is increasing at an alarming rate. Count went from 490 to 533 (+6 in a matter of days) in only a few months:

Thank you Miami Herald for standing up for our children.

We must unite to put an end to this madness.
If you are tired of seeing innocent children die under the care of the family court system, help us Raise Hell, and stand up for them.
=========================

http://childrensrights.tumblr.com/post/150575327342/why

https://www.facebook.com/SupportJudgeDeannSalcido/posts/1052568738091830

This slideshow requires JavaScript.

JESSICA@earthsaylove.com

January 1st, I spent the day looking into the case of Logan Marr, a 5 year old who had been caught in the CPS system since the age of 2, in spite of there being no allegations of any neglect (or) abuse by her mother Christy Marr. A CPS Caseworker Sally Schofield, doubled up as a Foster Care Parent, however, she could not cope with Logan’s rage at the system, for being removed from her Mother Christy. On January 31st, 2001, Sally Schofield murdered Logan Marr in her basement. She initially lied about it, but soon admitted to her use of deadly force.

When are we as AMERICANS going to stand up and no longer allow CPS to kidnap and murder our children? There have been hundreds of CPS murders or deaths of children, over the last few years.

This year, I declare January as the month of Logan Marr…

View original post 28 more words

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.

Continue reading

Abusive and manipulative mother informed of son’s rights and choice to live with his father.

Denied Access Disgust - 201614 year old stands up to his abusive mother for his rights and informed choice to live with his Dad – YouTube

This video shows how a 14-year-old boy stands up to his abusive and manipulative mother to demand that she respect his informed choice to live with his father.

Many children find themselves in situations where family courts have given custody to the parent (mostly mothers) who in many cases are not the better parent. Many children are abused by their sole custodial parent as was the child in this video by his mother.

To see another teen’s similar experience with abuse by her mother view this page on YouTube:

Often custody of children is sought by one parent, not because they are the better parent but in order to obtain child support and to exercise control over the non custodial parent. During this video, the boy describes how his mother and her boyfriend assaulted him just because he wanted to wear his boots from his mother’s home to his father’s home.

Continue reading