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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Making children the winners in custody cases

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Making children the winners in custody cases

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.

Adios Fidel!!

History will absolve me

…is what Fidel Castro told the court that sentenced him to fifteen years for a failed coup attempt prior to his successful overthrow of the Cuban government. Pardoned and exiled, Castro returned and executed a successful coup against the Batista regime.

History has not absolved Castro.

History will condemn him.

The history of Cuba from 1959 to the present is the history of all communist dictatorships– a failed economy; a people without rights of expression and movement and ownership of private property.

The philosopher Ayn Rand wrote that there can be no rights without property rights, and history and Castro and Cuba have been a microcosm of her proof.

Our community is populated by Cuban ex-patriots whose only crimes was the ownership of property, the running of a business, and education.

When Castro imposed his dictatorship on Cuba, the doctors, lawyers, engineers, farm owners, and merchants were the first to flee torture, imprisonment, theft of their homes and businesses, and murder. Those who could not own the rights to their abilities would not stay in a society founded on altruist-collectivism.

From each according to his ability to each according to his need  cannot succeed when those with ability refuse to serve those with need.

Cuba today is an economic and ecological disaster. The farms cannot produce because the land hasn’t been taken care of. Knowledgeable farmers who had their land confiscated “for the people” left. With farm production falling, there was little to sell and GDP fell. With his country teetering on economic collapse, Castro moved Cuba into the Soviet sphere, where the Soviets propped up the Cuban economy for the next forty years until the Soviet Union collapsed. With no sponsor for his communist state, Cuba fell into economic collapse in the 1990’s; its people starving and its economy anemic.

Today Cuba is a county frozen in time. Cars and households and infrastructure remain frozen in 1959. The country cannot produce money to do more than barely feed its citizens. Technology is almost unheard of. There is nothing that Cuba produces that is new or enviable. Even its tobacco farms have fallen into fallow.

History has spoken. The Cuban revolution and communist dictatorship have failed. Hundreds of thousands of good people had their property stolen. There are no free elections, and in 2016 the country teeters without basic technology on the brink of economic collapse.

There are not many things that we can accurately predict, but this is a one hundred percent given: in days, weeks, months or even a few more years, Cuba’s totalitarian
communism and Fidel Castro will be consigned to the ash-heap of history.

Soviet Premiere Khrushchev once famously told a group of western diplomats “we will bury you.”

Cuba is burying Fidel.
And the world will soon bury Cuban totalitarian communism. 

Guaranteed!

SOURCE: JUSTICE BUILDING BLOG: HISTORY WILL ABSOLVE ME

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:

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The Tallahassee Thousand ~ Mark Your Calendars

We will be standing up and speaking up for our children.the-people-who-think-they-are-crazy-enought-to-change-the-world-are-the-ones-who-do

Children need both parents! Stronger Families & Stronger Children Build Stronger Communities

Bring your parents, grandparents, children, friends and family.

We will be 1,000 strong in Tally!!!

About the Venue — Saturday, November 5 at 9 AM – 6 PM

Stronger Families & Stronger Children Build Stronger Communities 

We are Fathers helping Fathers. We are parents helping parents. We are advocates dedicated to bringing a change to end fatherlessness in Florida.

Pink-Slip-To-Incompetent-Judges1-150x150

The Dysfunctional Family Court System Organizational Chart:dysfunctional-family-courts-2015

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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

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.
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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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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.

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Broward Sheriff’s Office Child Protective Investigations Section is in a state of crisis.

Contact Florida Governor Rick Scott - 2016Broward sheriff’s child protection unit now ‘a shamble,’ former employee says

Investigators say children’s safety at risk

FORT LAUDERDALE, Fla.Broward County is No. 1 in a category nobody wants to win, topping the state in the number of reported child abuse cases. With more than 15,000 cases a year, serious allegations are being made against the agency that handles those abuse complaints — the Broward Sheriff’s Office Child Protective Investigations Section, or CPIS, which many past and present investigators said is in a state of crisis.

“Absolutely children’s safety is at risk,”

…said one veteran investigator who recently left CPIS.

Christina Bullins, an agent for the International Union of Police Associations, which represents CPIS employees, said the union has heard complaints from about 50 investigators in the unit, starting with what she said are their staggering workloads. National standards for child protection investigators call for 12 cases at a time, but BSO records supplied to the union show that many of the BSO investigators are working double and triple that number, with three investigators working more than 40 cases each.

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