Parents Increasingly Turning To Federal Courts For Civil Rights Protections

 

Imagine you are in a divorce.  You’ve been a dedicated parent and you aren’t a convicted felon or being accused of a crime.  Now imagine walking into a local court for a procedural hearing and in a single decree your children are banned from seeing you, speaking to you or communicating in any way based solely on hearsay and allegation.  Nothing’s been proven, no due process has occurred to prove anything yet a capricious judge has made a snap decision that changes the rest of your life and your children’s.   What would you do?

 

Unfortunately this scenario is the real life experience of thousands of families across the country. An overzealous or biased Judge makes a snap decision that takes away the most important things in our lives.  Whether or not you were the one seeking divorce there’s very little that parents who find themselves in this situation can do.   Even when children are banned ‘temporarily’ from their parents, months can drag on to years between court dates and there’s no pause button in life.  Milestones go by, alienation grows, bitterness increases and worst of all children experience immense pain and loss.   Surprisingly most states have no provisions to intervene when children are banned from their parents yet this is one of the cruelest punishments that a court can levy.

 

While the US Constitution gives the powers of marriage, divorce and adoption to state civil courts, state civil courts simply ignore their obligations to support the civil rights protections of parents as held in the US Constitution.   Parents who can’t afford attorneys can lose their children fighting spouses with access to legal assistance.  Children who are the ones ‘protected’ have no say in bizarre custody decisions.  Evidence standards are non-existent in family courts in the USA so children can be taken from parents purely on accusation.  However, since many courts receive federal aid and recent Supreme Court cases like Turner vs. Rogers have reinforced the concept of due process in divorce many parents are turning to federal courts to seek restoration of their parental rights based on civil rights arguments.

 

As parent Gary Treistman of Ulster County, New York who recently filed a civil rights suit against New York says, “Losing access to my children for no crime or proven allegations is a violation of my civil rights and my children’s civil rights.”  Treistman continues, “I’ve not been convicted of any crime or any wrongdoing, yet a civil court is punishing me and my children more harshly than a criminal court could for most any crime based entirely on hearsay and unsupported accusations.”     Treistman knows he has an uphill battle but like so many other parents seeking civil rights protections in divorce he has no other recourse.    Treistman is hoping that the Federal Courts will uphold his child’s civil rights to due process and that Title 42 laws will allow him to seek retribution from New York State for taking his children away for years without due process or substantive cause.

 

 

As M says, a mother from New York who recently lost her children for no logical reason, “removing my child is the greatest punishment a court could impose yet due process is ignored and I have nowhere to appeal.” As the primary care giver for her young child M was shocked when a Judge made the snap decision to temporarily remove her daughter from custody based on vague and unproven allegations.  In M’s case, like so many others in New York and elsewhere the Judge imposed an extra layer of cruelty by forcing the former stay-at-home mom to have her visits supervised.  But with ‘visitation’ costing over $200 an hour and visits limited to only a few hours M finds it impossible to maintain a relationship with her young child and her child is under tremendous psychological stress from the situation.

After thirty appearances in Family Court that have led nowhere M decided to file suit in Federal Court for violation of her constitutional rights to due process and parental rights to protect her child.  As M states, “Legal Guardians, custody evaluators and attorneys have tremendous unchecked power in New York without the protections of due process we are led to believe we have as Americans.”  One baseless allegation to an irritated Judge from a connected attorney can lead to life-shattering decisions that are near impossible to change.  With no jury or effective supervision of the courtroom behavior of judges or custody evaluators recommending such harsh punishments families have no guarantees of due process. Once the tables are turned against a parent and child by a Judge, legal guardians or custody evaluators there are no checks and balances ensuring the integrity of the cruel and unusual punishments that family courts can decree.

 

Though M is realistic about Federal Courts jurisdiction she wants change in the system as much as she wants relief from the pain of being separated from her child.   “It’s my hope that this federal complaint will protect parents from their right to fair and speedy trial and raise awareness of the cruel punishments parents face without due process in cases where there are no signs of abuse.”  It’s near impossible for children and parents who are banned from each other to contain their emotions in terse, supervised meetings yet New York officials notate every remark, touch, tear and comment and tend to use emotion against the banned parent.  M hopes her appeal for due process for both her and her daughter will force New York State to look at evidence and not base their decision on hearsay.  After thirty appearances in family and supreme court  M has little hope to regaining a normal relationship with her child.

While some parents are seeking civil rights protections under the 14th Amendment and others are seeking compensation for unjust actions under Title 42, still others are seeking RICO prosecutions against groups of attorneys, judges and court appointed experts who work together to bankrupt families.   As New York parent Gary says “the assigned Attorney for Child in my case coerced payments from me without providing accounting of her work, or representing my child’s wishes.”  Since legal guardians are supposedly critical representatives for children’s legal rights, by refusing to work when payment wasn’t possible Gary and parents like him face tremendous punishments for not being able to pay expensive court-ordered divorce professionals.

 

In New York for example, where both parents must file for sole custody, the costs of court ordered experts can exceed $50,000 including custody evaluators, guardians and attorney’s fees.  Parents who can’t afford to pay find themselves without their children.   When groups of judges, experts and attorneys repeatedly work as teams to use child custody as the basis for huge fees that bankrupt families, some parents believe that there is basis for RICO prosecutions.   Since the local courts are not bound by due process and ethics enforcement of judges, attorneys and experts is near non-existent groups of divorce professionals can easily use the court system and custody as tools of extortion.  Unfortunately for parents, criminal RICO statutes must be brought forth by the US Government and the US Government is unwilling to review the business practices of the divorce industry in many states.

Many parents who face the cruel and unusual punishment of parental rights termination have turned to activism to raise awareness to the lack of civil rights that families encounter in family courts in America.   For example, Greg Roberts started the Family Civil Liberties Union (fclu.org) to help parents fight unjust removal of their parental rights.  As Roberts’ website accurately states, “Once in the family court system, it can be years and hundreds of thousands of dollars before an average family emerges from the system – broken, slandered, extorted, exploited and forever damaged beyond repair.”  Roberts sees the family court system as “sanctioned corruption” that creates “conflict for cash” with no regard for the civil rights of the children or parents involved.

 

As Roberts site points out, the ACLU and other civil rights organizations turn a blind eye to the atrocious violations of civil rights that middle class families face in family courts.   Generally speaking the victims of family courts have enough money to pay attorneys for some time and are religious, heterosexual and often times not minorities.  The ACLU is aware of the civil rights abuses that families face in family courts and they have acted on behalf of one family in Montana that they publicize on the ACLU website, however, this was a gay relationship which is an area that is a traditional focus of the ACLU.  The ACLU is unwilling to aid middle-class Americans and children even though hundreds of thousands of children see their lives destroyed each year in family courts devoid of due process protections.

 

Some insight can be garnered on the US Government’s position on the civil rights of families in the refusal of the US to join UNICEF’s  Convention on the Rights of the Child.  The United States is the only member state of the UN besides South Sudan and Somalia to not ratify this act.  This act “combines a right to protection through the State, parents and relevant institutions with the recognition that the child is a holder of participatory rights and freedoms,” states UNICEF.  This act acknowledges parents as the primary care givers of a child and vastly limits the cases where a child can be removed from a parent.  Since many parents are removed for capricious reasons, this statement from Article 2 of the act would give parents a strong basis to fight unfair removal of custody.  ‘States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.’ Interestingly enough, many of the conservative groups who lobby hard for the rights of the unborn child oppose this bill and the civil rights of living children because they feel that it will provide basis to interfere with home schooling.

In April, 2013 Russia, in a retaliatory action against the United States, banned a list of important US figures from Russia on the basis of human rights violations.  Interestingly enough Russia chose to ban the US Attorney from Southern New York, Preet Bharara.  While the reasoning for Mr. Bharara’s ban was not related to children’s civil rights Mr. Bharara and other US Attorneys should rightly be called out for not protecting the civil rights of children.    The US Attorney’s office is well aware of the collusion and civil rights abuses that are commonplace in US family courts but because of the deep political protections of the Divorce Industry in most states, the Justice Department is uninterested in protecting the civil rights of children and families in the face of a powerful industry lobby.

 

The parent-child relationship is sacred and deep and should be defended as strongly as any basic human right but sadly, even though these rights have been explicitly recognized by the U.S. Supreme Court, in the United States and in New York in particular, poorly supervised lower courts and agencies use children as extortion tools for a predatory divorce industry.   States have proven themselves unable and unwilling to protect the civil rights of children and families so parents are forced to go to federal courts to protect basic civil rights.   The US Government has presidential authority to intervene in local courts to protect the civil rights of the unprotected as they’ve done for minorities, women the disabled and others.  It’s time for the US to act for the sake of our children to provide due process and civil rights protections in divorce and child custody.  No child should be banned from a parent except in the most extreme circumstances, and it’s time to stand up for the rights of children.

 

I began the article by asking you to imagine being a parent who has just lost their kids unexpectedly in a mundane and terse court hearing.   Now imagine yourself as a young child who is suddenly told by a court that your parent is a bad person and harmful, though they’ve never committed a crime and have been your loving supporter.  What would you do?

 

http://groundreport.com/parents-increasingly-turning-to-federal-courts-for-civil-rights-protections/

 

Sources and further reading:

 

www.tinyurl.com/UlsterFederalLawsuit

 

http://www.youtube.com/watch?v=4vekDOd1u7g

 

http://www.fclu.org

 

http://www.aclu.org/lgbt-rights/montana-high-court-affirms-rights-lesbian-parent-and-her-children

 

http://en.wikipedia.org/wiki/Turner_v._Rogers

 

http://www.cbsnews.com/8301-503544_162-20014613-503544.html

 

http://www.law.cornell.edu/constitution/amendmentxiv


http://www.groundreport.com/US/Parents-Increasingly-Turning-to-Federal-Courts-for/2952805

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24 comments to Parents Increasingly Turning To Federal Courts For Civil Rights Protections

  • Tina Viera

    my husband is going through the SAME thing! No findings of fact to show cause for stripping him of his rights and yet they did it….

  • jaria snyder

    Five years of false allegations! Five long years of being drug in and out of courts all all the mess that comes from going through a divorce. Promises to take away the kids, my house, my job and everything i care about. Five years of not stopping until he had his way. No questioning, NO PROOF whatsoever, nothing. Kids are gone, lost my house, am registered as a child abuser with the state, sitting on 8 felonies and 8 misdemeanors ON B.S. HEARSAY!!! Now the only way i see my children is with supervised visitation. It can happen to anyone.

  • Phillip Saxton

    Well,where do I start,my grandchildren were taken from my daughter and husband in a sham of a court appearance involving Children & Youth,DHS,i had a $1000.00 laywer,i needed a $10,000 lawyer,my grandchildren were not offered to me,their grandfather,they were taken from us screaming,biased judge,our lawyer said,objection once,in a mousy voice,scam of a court hearing in which children and youth had all the power. My grandchildren forever,forever,forver,,,,…….. tramatized.I could type this letter for the next million words,could never tell all that happened to our family in that sham,yes.children and youth give those adapted parents”family of the Year”,i think,this was the family taped the little child with duct tape,oh children and youth,they are so…….././.mFJDAW TGLADGFB/MNKDSVLN/,M.///.,L;ZM.KVDN

  • anthony pappas

    I am going through a divorce. Fortunately, my three children are over 18. But the judicial bias and misconduct of the judges against a husband was overwhelming and continues. Stanley Gartenstein reneged on a written offer to recuse himself and threatened retaliation. Later, he maliciously linked me to terrorism (Fort Hood) and hallucinated I committed a violent Class B felony. The next judge, Anthony Falanga, was also biased. The current judge, Hope Zimmerman, has also shown bias. On my motion to refer perjury to the D.A., she ruled: “The motion is denied. There is no basis in law for the relief requested.” Ergo, a judge is saying she doesn’t know how to handle false testimony. The Appellate Division and the court system have so far not rectified judicial bias, misconduct, and irrationality.

  • Alexandra Shipula

    This happened to me. I turned to CPS for protection for my then 3 year old and 6 year old. CPS took my kids not for any abuse or neglect but because I was being stalked. I reported being stalked by my ex, his family, and his girlfriends and their family and friends. I have been thru hell. The police testified in court that I was mentally ill, in so many words, i.e. they had “concerns about my mental health.”
    And I had my treating psychiatrist testify in COURT that I ‘was not delusional and he had no concerns about my parenting or mental abilities.”
    But the COURT would not allow him to testify to my adequate mental health because my ex’s girlfriends are COPS and have police and Judicial connections. CPS took my kids from me “because of decling mental health” but I was well enough to come to EVERY Single visit I was allowed to and did Parenting, Anger Management and COUNSELLING plus, over 5 mental evaluations that all said I was FINE.
    The court would not allow me to respond in over 20 court hearings that I was fine. IT was a kangaroo court.
    I lost my kids on March 26, 2009, because I made a report to a Pediatrician that my kids were making these statements abouut sexual abuse and they had behaviours that indicated sexual abuse and being in sexual situations. The police turned it on me and said I was delusional and ignored the 3 forensic interviews that i had/

    I MISS MY BEAUTIFUL CHILDREN EVERY SINGLE DAY. MY life is over, everything worth anything has been stolen from me by the STATE. I hardly have contact with my now 11 year old boy, Daniel and my 8 year old girl, EMILY> my life is destroyed and I have no family now. No parent should be denied contact with their children unless there is some kind of serious abuse or neglect. My kids were not neglected or abused. They went to the doctor and the dentist at 6 and 3 years of age. TOOK classes for gymnastics, swimming, T-ball. I participated in fund raisers and in the school. My kids did very well academically, even their teachers showed up in COURT to testify on my behalf. My kis were my ENTIRE WORLD. NOW THEY HAVE BEEN GONE, LEGALLY KIDNAPPED, and I have supervised visitation once a month. WHY? Because I fought them in COURT. I called everybody I could find to report that my kids were well cared for, I was under the care of a respected psychiatrist, and were taking my meds (antidepressants) as prescribed. My psychiatrist told CPS 3 different times that I was not mentally ill like they were trying to make out.
    THEY WERE saying I was mentally ill because I was being stalked by them (THE POLICE) TO RETALIATE Against me for reporting what had happened to the kids and myself at the hands of a young woman that had ALOT of connections with the legal system. She was a vindictive psychotic that raped ME and my kids. But the local police, county attorney and judge treated me like I was the perpetrator. I AM THE VICTIM; These people are cruel and removed my kids to punish me and retaliate against me for reporting my stalking, mail theft, tapping my phone and monitoring my internet activity by a bunch of 3rd parties.

    I took wonderful care of my kids. We had just gotten back from Disneyland when my kids were seized , examined unclothed on a “fishing” expedition, and interviwed without my knowlege or consent. BUT THE KIDS DID NOT WANT TO BE Seized and they reported NO ABUSE OR NEGLECT. In fact, my children backed up my story about stalking and my ex bringing in women to have sex with when I would go to sleep at night.” YES My heart has a hole that will never be filled.
    Daniel and EMily were my life. I AM and Was a good mother.

    • Teresa Connolly

      Dear Mother,

      You are not alone. The exact same happened to me in the Irish Courts here in our Capital Dublin. My three daughters are now in their twenties and they do not know me as their Mother. Their Father died last April and the court papers are in the hands of a Judge who will not them to me except in the event that I sue somebody. I agree but nobody wants to get involved. The term Retainer is commonplace in our Legal and Political system and this is a major problem. Your children’s Father is answerable to his Maker in the next life is you believe in one. You have the advantage of knowing and loving the children as you once knew them without the garbage of teenage years and if their Father is unreliable and abusive they will remember this. Just keep yourself well while fighting through the courts. If you firmly believe his behaviour to be true then access to their Father in your care is a non runner. This way your conscience is free and remember that you are powerless of his actions, he will abuse regardless of custody or access, you did not cause this, and cannot cure this. Prayer is a powerful tool. God Bless – another Mother in the same situation.

  • Susan Skipp

    Message:
    Hi, I read sour parent turning to federal court. I need help.

  • On Google Tadros v Lesh filed at the US SUPREME on 6-11-13 for the exact same reasons mentioned here where San Diego Attorneys and Evaluators conspired and lied and CONTINUE TO LIE under the penalty of perjury to hoard the millions collected for the untold families while performing illegal evaluations. They also conspired to commit perjury on San Diego County Families. It is an extremely helpful read out to examine, cite same cases and flood the FEDS. Very well done by our members….
    Thank you,
    Emad Tadros MD/San Diego

  • Our Court system in San Diego has become a haven for waste and corruption. Anyone who has stumbled on this information simply watch the movie “Glen Gary Glen Ross”. Our society is all about the paper. Certain litigants are targeted and used for churning. Attorneys place their own financial interest as the only priority. The only remedy at this point is never use our court system. It simply designed for the attorneys to seize your assets without due process. Your divorce is a commodity to them and so are your children. Once your assets are looted the paper has expired worthless. The attorneys and the employees within the court system are earning a commission and a spread off of you and your family. A warning should be required as this is a big scam.

  • In this case, a Californian civil rights statute was held not to violate the First Amendment by requiring an all male non-profit club to admit women to membership. The Court concluded that parents’ rights in child rearing and education are included as fundamental elements of liberty protected by the Bill of Rights.

  • Conservative Woman

    Every time I read another horror story about CPS, I literally feel sick to my stomach.

    If I may let me offer some quick advice. I fought the system and I won. I interviewed 7 lawyers before I hired the one that would really defend me and my husband and our two beautiful children.

    Our opposition, the state, pursued us like animals in heat. They lied, distorted facts, committed perjury, cheated, and all-in-all behaved like vultures, all because there is a dollar sign on the head of every child in America.

    Don’t give up!! Hire a great lawyer. Do your research. Look up case-law that helps your case, share it with your lawyer. Keep a diary. Record everything! Don’t give them more power than they have. You can beat them. Have faith. Pray. Live. Love. And, sue them in federal court, now, don’t wait. Go to the press. Tell any willing journalist your story. Contact your local/federal reps. Let them know what is going on in your county. Start a parents support group, or join one.

    God bless you all!!

  • Loa Bennett

    I have been through the heartbreak too, losing my 13 year old daughter, my home, business, dog, gardens, pool, etc. While homeless I endured multiple physical abuses by the police and other government systems.

    Will there ever be a straw that broke the camels back of the citizens where they broke from the delicacies of our society to find the strength to unite as one physical presence. Paying taxes is funding corruption, cooperating with the police & courts gives them the joy of your compliance. Or are the usa’n drugs in the water, plastic, foods, air, soil and own bodies so pervasive that the camel will be buried alive under the straws of corruption.

  • In 1999 my kids were abducted by Sheriffs at the directive of Governors and other politicians in their effort to shut me up to not expose their Democrat and Republican Rico acts to take bribes and to control elections! The DOJ and HUD are intent on taking kids and using Funds to control political influence in the State and Federal systems. See http://www.Judgeoneforyourself.com. Since 1991 I have proved the entire system is corrupt!

  • Kathryn foster-Martin

    These same organizations will protect the rights of abusive criminals, for what reason, I don’t know. My daughter and her boyfriend ate abusing my granddaughter, who will be 3 yrs old the 20 th of July. They have admitted to drugging her…she lives in a hoe with an alcoholic and two drug addicts. Her father bragged to me that she would be deprived and used as they saw fit, and that nobody cares what they do. He says his family would never turn them in to authorities, no matter what they do and that authorities don’t care anyway. I have not seen her in over 18 months. Please help her. Sign and share.

    http://www.signon.org/sign/sarasota-sheriffs-office

  • Teresa Connolly

    The fall out of reporting child sexual abuse appears to have the same impact on individuals and families worldwide. In all cases the abusers deserves to live with the dignity of any human being, that is the necessities required to sustain life must be in place. However, the rights to work or play around children is for the authorities in the field to determine depending on the varying degrees of abuse, The right to be rehabilitated especially in the case of genuine requests and in the case of those abused as children themselves. Return to the Source of this behaviour and restorative justice for the abuser in the event of being abused themselves. Protect the child at all cost ensuring not to throw the baby out in the bathwater. They are here to stay and have always existed both children and abusers, some may even be in the Judiciary and Politics, etc.

  • These people can’t even run there own lives much less interfere with our GOD given rights.
    Image
    Imagine a right that for nearly a century U.S. courts (including the Supreme Court) have recognized as a constitutionally-protected “fundamental right” which “cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions.”1 Such a right “undeniably warrants deference, and, absent a powerful countervailing interest, protection”.2

    Surely such a right would be zealously protected by the courts. And if it were not, we should be outraged.

    There is such a right. It receives little protection by our courts. And we should, indeed, be outraged!

    Reading the language our courts invoke when discussing parental rights, one would expect those rights to receive vigilant protection from the courts. But, in fact, family law courts across the nation routinely infringe on parental rights with not even a semblance of due process required when restricting fundamental constitutional rights.

    This is most clear in the case of the temporary orders courts impose during the pendency of divorce litigation. In nearly all such cases, two parents walk into the courtroom with full parental rights — with full custody of their children. On the basis of unchallenged affidavits or the most cursory of hearings — often lasting only a few minutes — one of those parents walks out of the courtroom without custody — with his or her parental rights severely restricted. That parent, over 85% of the time the father, has lost the legal authority to make decisions for the children — even to sign school permission forms — without due process. This deprivation of rights lasts through the divorce process and typically becomes part of the permanent court orders.

    The Supreme Court has declared that parental rights are “fundamental.” What this means — or, rather, what it is supposed to mean — is that the state may not interfere with them unless there is a “compelling state interest” that cannot be achieved otherwise. And, if it is determined that there is such a compelling state interest that requires interference with a fundamental right, the state must choose the least constitutionally offensive way of achieving its purpose.

    Now, of course, the state does have a compelling interest in protecting children from harm. This is the basis on which the state removes children from abusive parents. It is also true that some children of divorcing parents might be harmed as a result of both parents retaining custody. But the state is not allowed, on those grounds, to routinely restrict an individual’s fundamental rights. A legal presumption infringing on fundamental rights may not be made simply because it is administratively more efficient and less costly than making an individual determination3 and the state may not adopt a statutory scheme that deprives individuals of rights “without reference to the very factor that the State itself deem[s] fundamental to its statutory scheme.”4

    Setting aside the legal jargon, what this means is that if our courts were to “walk the walk” instead of merely “talking the talk” about parental rights, when our two parents enter court to initiate a divorce proceeding, there would be a strong presumption that they would both leave that court with legal custody of the children. What the courts need to decide in most cases is a schedule of physical custody to enforce during the divorce proceedings and how to arrange finances during this period. Courts should deprive one parent of custody during the divorce process only in very exceptional cases, where there is clear and convincing evidence that it is necessary, in this particular case, to prevent harm to the children.

    This constitutional argument for a presumption of joint legal custody is not new. When I was doing research for my 1999 paper “Parental Rights and Due Process,” I found several scholarly papers that develop this line of reasoning. Since the publication of my paper, others have taken up this argument, too. I list some of the scholarly articles that develop this argument below for those who want to read more, providing links to articles that are freely available online.

    A note of caution, though: While I believe wholeheartedly in the constitutional argument for a presumption of joint legal custody, I do not recommend that divorcing parents rest their case on these legal arguments. For most family law judges and attorneys, constitutional law was just a course they had to take in law school. They are extremely reluctant to accept the fact that there are any significant constitutional restrictions on their discretion. That the constitutional argument is a sound legal argument doesn’t mean that reliance on it is a sound legal strategy in real-life cases.

    By Don Hubin, Chair, Executive Committee, National Parents Organization of Ohio

    Scholarly articles on the constitutional argument for a presumption of joint legal custody:

    Robinson, Holly L. (1985). Joint Custody: Constitutional Imperatives. 54 Cincinnati Law Review, 27-65.
    Canacakos, Ellen. (1981). Joint Custody as a Fundamental Right. 23 Arizona Law Review, 785-800.
    McNeely, Cynthia A. (1998). Lagging Behind the Times: Parenthood, Custody, and Gender Bias in the Family Court, 25 Florida State University Law Review, 891-965.
    Hubin, Donald C. (1999). Parental Rights and Due Process. 1 The Journal of Law and Family Studies, 123-150.
    Bozzomo, James W. (2002). Joint Legal Custody: A Parent’s Constitutional Right in a Reorganized Family. 31 Hofstra Law Review, 547-585.
    Meyer, David. (2006). The Constitutional Rights of Non-Custodial Parents. 34 Hofstra Law Review, 1461-1496.
    Firing, Matthew. (2007). In Whose Best Interest? Courts Failure to Apply State Custodial Laws Equally Amongst Spouses and Its Constitutional Implications. 20 Quinnipiac Probate Law Journal, 224-259.
    Lapsatis, Nicole. (2012). In the Best Interests of No One: How New York’s “Best Interests of the Child” Law Violates Parents’ Fundamental Right to the Care, Custody, and Control of Their Children. 86 St John’s Law Review, 673-714.

  • ARE FAMILY COURTS EXERCISING LEGITIMATE AUTHORITY?
    Our Founding Fathers knew the danger of majority rule and popular rule
    The founding fathers knew that the states were notorious for infringing and depriving individuals of their rights for their own purposes.
    This is exactly how the family courts and the entire process has been operating. Naturally then, the majority of the family court judges throw out consideration of this document having any relevance in your child custody dispute. It is a huge complicated, damaging, and chaotic family court machine that is profiting off of violating your protected liberty. 

    Divorce courts are violating the civil rights of divorcing parents by treating married parents and divorcing (single) parents differently. If you were a fit parent with parental rights before your spouse filed for divorce, then you must be a fit parent with parental rights during divorce where you remain married and post divorce where you become single again. Absolutely nothing in the nature of divorce changes the basic fact that fit parents having parental rights entering into a divorce are fit parents upon becoming divorced and MUST retain those parental rights to the absolute fullest extent possible following divorce.

    Judges believe that by making this denial it becomes the rule. Judges who ignore your rights protected under the Constitution are not exercising legitimate power. The parent should be the deciding factor of what is best for you and your child even in divorce.

    Our founding fathers knew that this would happen if something wasn’t established in writing to prevent it. The U.S. Constitution protects your parental rights.

    Every Judge takes a Loyalty Oath, to uphold the Constitution…hold them to it.
    Glen Gibellina

  • Lee Kallett

    I post this to inform the public about the current antiquated alimony laws still in existence around the country. This is my alimony horror story. In the no fault divorce state of Florida, the ex had many adulterous affairs with other women (while pregnant with the second and last child) and including her incestuous relationship with her own 20 year old female cousin. She gets rewarded for this and her changed sexual orientation with lifetime alimony by the Hillsborough County Court (Tampa Case No: 05-DR-013627) and I get punished financially. How is this right and just? It certainly isn’t and the time to fix such an injustice is now. The duplicity continues and she blogs and writes as well as conducts her day to day life under an assumed last name, only using her legal last name on the driver’s license and to cash the hefty checks I write. If you are outraged about this avaricious hypocrite, please get involved to fight the unjust alimony laws around the country. There is no reason why a judge can’t order her to return to the workforce. She is a four year university graduate. The children are adults and no longer living in the home. There’s no reason why an able bodied, healthy, educated woman can’t be instructed by new law and guidelines to fully financially support herself.
    The ex filed in the Circuit Court of the 13th Judicial Circuit, in and for Hillsborough County, FL Case No: 13-11991 Division G and on August 21, 2013 the judge ruled for
    Order of Dismissal of Temporary Injunction for Protection
    “The evidence presented is insufficient under Florida law”.
    The ex-wife attempted in her demand to muzzle our alimony reform efforts. She even had our 18 year old son testify against me.
    Please support alimony reform.
    Elvina and Lee Kallett of St. Pete Beach, FL – Pays lifetime alimony to woman unable to remarry http://www.youtube.com/watch?v=l523XAgv_vc

    Lee Kallett of St. Pete Beach, FL – Pays $4K in permanent alimony to lesbian ex-wife
    http://www.youtube.com
    This is Lee Kallett and Elvina Kallett. He pays permanent alimony to a woman who left the marriage because she chose to live a lesbian

  • This is what happened to my husband too. This is why we are trying to start a non profit for dads and would love to discuss our business plan with anyone interested. please feel free to check out our idea at http://www.themcdowellhowardgroup.org.

  • My three youngest children where removed from me. Based on allegations they could not prove. When the courts ordered the children returned the father stood and requested he receive the children instead. After what they called careful consideration they gave the children to their dad. He has never been there for the kids, though he is enjoying the benefit of using the kids as a tool, and getting free money from the state.
    He himself took the stand and told them he was a past meth cook and user and was self proclaimed clean and sober. He is not required to participate in rehabilitation or drug testing. He has a past history for domestic violence. Felony child endangerment and the list goes on. ( did I mention I have no record, no drug history besides one dirty ua my entire life cps conducted and made up)
    Their father is homeless and cps is paying for him to stay in hotels, I’ve lived in the same 4 bedroom 4 bathroom home for a year and a half. He has allowed his drug buddy’s in his place and my children know these people by name, I’ve never allowed these people at my home. He transports the kids ages 8,5 & 4, constantly without car seats or booster seats, I’ve taken pictures, and have witnesses. And all my children have lost a lot of weight.
    When asking the caseworker for help on these issues he ignores and blows me off on, she responds suggesting I’m just attacking him. I have videos of the filth. Pictures of hand print welts (on the 4 year old) and so much more. These are not, the kids clothes are dirty, petty complaints these are genuine issues and she is ignoring this.
    And there’s nothing I can do to rescue my children from this abuse and neglect

  • LORI RIAN TRACY

    JUDGE WILLIAM WARREN ROCKLAND COUNTY NY FAMILY COURT WOULD NOT GIVE OUR DAUGHTER ELIZABETH CORA TRACY BACK TO HER PARENTS [LORI DELLOLIO TRACY AND BRIAN TRACY BECAUSE THEY HAVE A LEANING DISABILITY WHICH IS DISCRIMINATION DAUGHTER WAS BORN 3/13/2002 AND CPS TOOK HER 6/8/2002 THE LAWYERS WE GAD IN THE PAST DID NOT FIGHT FOR US WE WANT A LAWSUIT JUDGE WILLIAM WARREN NEEDS TO BE INVESTIGATED THIS NEEDS TO BE ON THE NEWS WE DID NOT DID NOTHING TO OUR CHILD

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