How you hurt your kids when you don’t share custody – Kidspot
While it might seem completely justified, it’s important to be aware of the potential ramifications on the long-term health and well being of your child.
While it might seem completely justified, it’s important to be aware of the potential ramifications on the long-term health and well being of your child.
…and the “liberty” it protects includes more than the absence of physical restraint. (citations omitted). (Due Process Clause “protects individual liberty against ‘certain government actions regardless of the fairness of the procedures used to implement them’ ”) (quoting *720 Daniels v. Williams, 474 U.S. 327, 331, 106 S.Ct. 662, 665, 88 L.Ed.2d 662 (1986)). The Clause also provides heightened protection against government interference with certain fundamental rights and liberty interests. Reno v. Flores, 507 U.S. 292, 301-302, 113 S.Ct. 1439, 1446-1447, 123 L.Ed.2d 1 (1993); Casey, 505 U.S., at 851, 112 S.Ct., at 2806-2807. In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the “liberty” specially protected by the Due Process Clause includes the rights to… to have children, Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 62 S.Ct. 1110, 86 L.Ed. 1655 (1942); [and] to direct the education and upbringing of one’s children, Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042 (1923); Pierce v. Society of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070 (1925);…
Our established method of substantive-due-process analysis has two primary features: First, we have regularly observed that the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, *721 “deeply rooted in this Nation’s history and tradition,” id., at 503, 97 S.Ct., at 1938 (plurality opinion); Snyder v. Massachusetts, 291 U.S. 97, 105, 54 S.Ct. 330, 332, 78 L.Ed. 674 (1934) (“so rooted in the traditions and conscience of our people as to be ranked as fundamental”), and “implicit in the concept of ordered liberty,” such that “neither liberty nor justice would exist if they were sacrificed,”(citations omitted).
Re-blogged from ~ Parenting Together….Living Apart
I am not alone in this, of course.
Today’s post is from a Division of Child Support case worker in a neighboring state who has contacted me several times concerning South Dakota’s unfair custody laws. She asked to post anonymously as she believes she could lose her job if her superiors knew of her stance. So I post this, humbled she would take that risk and grateful for her insights. I believe you will be too.
This is from the front lines of child support and custody in South Dakota and neighboring states. Our anonymous writer today works with custody and child support on a daily basis.
Here is her unedited letter:
“I am a Division of Child Support Caseworker in a state bordering South Dakota. As such, I speak with other caseworkers in SD and nearly all other states in the US every day, and know there are very few options for “non-custodial” parents who are being denied equal access to their children, unless they are fortunate enough to be able to afford a long and expensive custody battle, which is extremely rare, especially in cases where the parents were never married.
While your group needs to pursue one issue at a time, your particular issue being custody and visitation arrangements after a divorce, I hope that you will also pursue shared parenting and child support arrangements for parents who were never married, as this is an issue that definitely needs to be addressed and rectified.
Before continuing, I will say that I, and all DCS caseworkers, recognize that the “non-custodial” (and we don’t like that term) parent may be the mother rather than the father. In most cases, however, the NCP is dad and the CP is mom, so please forgive my use of general terms such as “she” and “he”. I use them for the sake of simplicity, not out of a lack of respect or understanding that mothers do sometimes get the raw end of the deal, along with their children.
In every state in this country, the child support system is not only broken, but is in desperate need of repair. It is unbalanced and very often unfair. The child support calculation is based on the income of both parents, in every state, although I will admit there could be a state or two that does not do it this way and I am just not aware.
In most states, if either parent is unemployed but not disabled, they are presumed to be capable of working 40 hours a week at minimum wage, so their income is imputed at $1275 per month. Following this calculation, if mom is willingly unemployed and dad is employed full time, making a mere $10 an hour, dad has a child support obligation of $357 per month for one child. (I got this number from SD’s child support calculator website and it is accurate.)
Every parent, regardless of the relationship (or lack of one) that existed at the time the child was conceived, has a responsibility to provide financial support for their child.
That is a fact. But, should dad, making $10 an hour really be forced to pay $357 to someone who is not willing to work? Where is mom’s responsibility in this? In these situations, mom (unless she is actually working 40 hours a week for minimum wage, which is rare), is receiving food stamps, Medicaid, and housing assistance, so she is sitting back, living a meager life and doing nothing to improve the lives of her children, and not having to lift a finger to do it. In the meantime, dad is working hard and still can’t afford to keep the lights on in his own home.
Most of the dads I speak to are willing to pay the child support, despite the financial stress. They understand that there is a little person out there who needs their help, and they are okay with that. In many of these cases, dad has not seen his child even once since the relationship with his child’s mother demised, and he has no recourse other than to hire a lawyer to get a visitation order. The first problem with this is that dad, making $10 an hour and paying $357 a month in child support has no money left over for to hire a lawyer. The second problem with this is that, even when he does and gets the order, mom can still deny the visitation and there will be no consequences to her for doing so. Sure, dad can take her back to court again, and the judge will tell her to behave, but if she doesn’t, nothing will happen in SD. Dad and the kids are still denied access to one another.
Approximately 2 years ago, the state of Illinois passed legislation that actually puts repercussions in place for CPs that refuse to follow the Illinois State Visitation Guidelines. If the CP denies access to the children to the NCP, her driver’s license can be restricted, and not be reinstated until she complies. What a novel idea. I am beside myself, wondering why every state has not enacted this legislation. We restrict, suspend, or revoke the driver’s licenses (and other licenses) of NCPs when they don’t pay the child support, even when they are unwillingly unemployed, yet we allow CPs to use their children as weapons against NCP, regardless of whether he is paying.
I had two office visits today, both from dads who are doing the best they can and still are being denied access to their children, simply because mom decided she doesn’t like them anymore. The first has a 5 year old daughter that he desperately wants to have a relationship with, but hasn’t been allowed to see since she was 1 year old. At least in that situation, the poor child doesn’t know what she’s missing in not being able to see her dad. The second is much more sad, and it honestly makes me very angry. Dad raised mom’s first child as his own from an infant to 4 years old. In the meantime, they had a child together. They were together for another year or two. For the next several years, dad had BOTH kids – even the one that was not his – for weekend visitation. Not enough, but at least it’s something. Then, mom decided to pull the rug out from underneath dad, with no consideration for her children. Dad has now not seen either child for a year and a half. He and mom were not married, so mom has all the power, unless he can afford an attorney, which he can not possibly afford to do.
As we sat and talked, there were several times that I could see he was struggling not to cry. Ever since mom decided (for what crazy reason no one knows) to withhold visitation, both children, and especially his biological child, have been acting out in school. They’ve been bullying other kids and being defiant to authority. His biological son was finally allowed to see his half sister (that dad had from another relationship) after being denied access to her for a long time.
According to his sister, all he talked about was how much he missed his dad and how he is so happy he has all these things that his dad gave him, because it helps him remember his dad. Mom has the kid in therapy, that dad is paying for, and she is apparently oblivious to the reason why the kid needs therapy. I could tell her, but it would probably result in me being fired. Mom has 3 kids by 3 different dads and I would like to talk to her about that as well. Bottom line is mom is sitting back, collecting child support and state benefits, and not doing a damn thing to support her children, but she will be the first to call if a payment is a day late. This is just one case I am telling you about, and it’s not even the worst one; it’s just the one at the top of my mind.
The bottom line is this. We need to have state agencies that provide free services for NCPs to have fair and equal access to their children. We already have state agencies that help people who make no contribution themselves collect child support, and we are screwing kids and NCPs in the process. That is not acceptable in any state. I hope your legislature – and mine – will figure that out. Good luck and God Bless to you and your children.
All that being said, I hope all the NCPs (I really hate that term) understand that your CS case worker is not against you. We are forced to support the order, whatever that may entail. We have no power to help you with anything else, but we really would like to. God bless and God speed to you and your children.”
The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.” – Pierce v. Society of Sisters, 268 U.S. 510 (1925)
“It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder…. It is in recognition of this that these decisions have respected the private realm of family life which the state cannot enter.” – Prince v. Commonwealth of Massachusetts, 321 U.S. 158 (1944)
“The Due Process Clause does not permit a State to infringe on the fundamental right of parents to make childrearing decisions simply because a state judge believes a ‘better’ decision could be made.” – Troxel v. Granville, 530 U.S. 57 (2000)
Remember the Chris Mackney story we wrote about in April?
The psychological effects of divorce.Originally posted on Civil Rights in Family Law Florida: The psychological effects of divorce may touch divorcees, children, family and friends. Related articles It’s a trillion dollar industry… — American Fathers
Fatherless Day Rallies In Every State and Across The Globe!!Originally posted on Civil Rights in Family Law Florida: – ALABAMA Alabama 2nd annual Fatherless Day Rally June 17th at 9AM 600 Dexter Ave Montgomery Al, 36130 Come out as we rally together… — American Fathers
Science of Dads.Psychological sciences at Kent State University, is one of a growing number of researchers to examine the manner in which fathers interact with their children. Her work is giving new insight…
Children’s Rights : 3000.Originally posted on World4Justice : NOW! Lobby Forum.: Over the years I have been most inspired by the work of …
This is an EQUAL RIGHTS issue!Where Fathers, Mothers, GRANDparents and Children from all 50 states will be uniting at their State Capitols to demand a change in Family law. This is an EQUAL RIGHTS issue and OUR Children …
Families will be destroyed under the guise and by immunity bestowed upon Family Court JudgesPRESS RELEASE: Bill Scheidler, candidate for representative, district 26, position 1, states his platform | Corrupt Washington This is the vicious cycle of corruption, which can be illustrat…
Your Raising a Human Being NOT an InconvenienceOriginally posted on Civil Rights in Family Law Florida: Dearest Daughter, I love you so much. Yesterday I gazed out the window watching fireworks and was really missing my angel but I cann…
The family courts in the United States are biased against fathers.– ALABAMA – ALASKA – ARIZONA – CALIFORNIA – COLORADO – CONNECTICUT – FLORIDA – ILLINOIS – INDIANA – KANSAS – MARYLAND – MASSACHUSETTS – MICHIGAN – MONTANA – NEVADA – NEW JERSEY – NEW YORK …
Judges merely redirect the dysfunction of one parent as a means to achieve an equitable settlement without regard for children. Prospective lawyers to become judges practice under a code of ethics where they are only allowed to have regard their clients and not the children. A prospect practices under these rules of engagement for 20-30m years before a simple letter of appointment to the bench. They can in no way be expected to have regard for children after this indoctrination.
Just know the enemy of your children are the lawyers and judges themselves.
Abruzzo (D-Wellington), Braynon (D-Miami Gardens), Bullard (D-Cutler Bay), Clemens (D-Lake Worth), Detert (R-Venice), Flores (R-Miami), Hukill (R-Port Orange), Joyner (D-Tampa), Legg (R-Lutz), Montford (D-Quincy),
Ring (D-Margate), Sachs (D-Delray Beach), Smith (D –Ft. Lauderdale), Soto (D-Kissimmee)
FOR HOUSE SB 668 NAY VOTES:
Antone (D-Orlando), Avila (R-Hialeah), Berman (D-Boynton Beach), Bileca (R-Miami), Bracy (D-Ocoee), Campbell (D–Miami-Shores), Clarke-Reed (D-Pompano Beach), Cortes, J. (D-Kissimmee), Cruz (D-Tampa), Cummings (R-Orange Park), Dudley (D-St. Petersburg), Edwards (D-Sunrise), Fitzenhagen (R-Fort Meyers), Geller (D-Dania Beach), Ingoglia (R-Spring Hill), Jacobs (D-Coconut Creek), Jenne (D-Hollywood), Jones, M. (D-Jacksonville), Jones, S. (D-West Park), Kerner (D-Palm Springs), Lee, L (D-Ft. Pierce), Mayfield (R-Vero Beach, moved to Brevard), McGhee (D-Cutler Bay), Moskowitz (D-Coral Springs), Murphy (D-New Port Richey), Narain (D-Tampa), Pafford (D-West Palm), Powell (D-West Palm), Pritchett (D-Miramar), Rader (D-Boca Raton), Rehwinkel Vasilinda (D-Tallahassee), Richardson (D-Miami Beach), Rodriguez, J (D-Miami), Rouson (D-St. Petersburg), Slosberg (D-Delray Beach), Stafford (D-Opa Locka), Stark (D-Weston), Steube (R-Sarasota), Torres (D-Orlando), Trujillo (R-Doral), Van Zant (R-Palatka), Watson, B. (D-Miami Gardens), Watson, C. (D-Gainesville), Williams (D-Tallahassee)
Remember to vote in the August primary and November general election!
The U.S. Supreme Court has consistently protected parental rights, including it among those rights deemed fundamental. As a fundamental right, parental liberty is to be protected by the highest standard of review: the compelling interest test. As can be seen from the cases described above, parental rights have reached their highest level of protection in over 75 years. The Court decisively confirmed these rights in the recent case of Troxel v. Granville, which should serve to maintain and protect parental rights for many years to come.
As long as CPS is allowed to have an exaggerated view of their power and is allowed by state officials and the courts to exploit that power and abuse it against both children and parents, they will both be continually harmed. The constitution is there for two primary reasons, 1) to restrict the power of the government and 2) to protect the people from the government, not the government from the people. And the constitution is there to prohibit certain activity from government officials and that prohibition does not apply to one type or kind of official but to ANY government official whether it is the police, CPS or FBI.
…IS A FUNDAMENTAL RIGHT
The Right of a Parent to make decisions regarding upbringing, education and care of their child AS A FUNDAMENTAL RIGHT.
Advancing the cause of Parental Rights. Law to establish the Right of a Parent to make decisions regarding upbringing, education and care of their child AS A FUNDAMENTAL RIGHT.
It does so all the while while protecting kids at risk, because it continues to allow the state to protect children when they are truly in jeopardy. But this law requires specific findings to be produced to overcome the fundamental right parents would have. It takes away the leeway that currently exists for state agencies to act arbitrarily.
To pass this legislation, it will require Passage through certain committees. The individuals who chair these committees decide what bills get discussed, and thus passed through to the house for a vote. So this next step is critical to the life of this effort for 2016 and 2017.
The Injustice of the Family Court System
World4Justice ~ Justice4Children Presents…
A Worldwide Event!
W r i t e O N E L e t t e r
The injustice of the Family Court System, and it’s agencies that are supposed to help children, are failing people on a daily basis and and in turn jeopardizing society as a whole! WE THE PEOPLE,
hereby dedicate ourselves and our efforts to the creation of a family law system, legislative system, and public awareness which promotes equal rights for ALL parties affected by divorce, and the breakup of a family or establishment of paternity. It is our belief through our involvement and dedication, we can have a positive effect on the emotional and psychological well-being of children.
- We believe equal, shared parenting time or joint custody is the optimal custody situation.
- We believe the best parent is both biological parents.
- We believe grandparents should have rights and access to their grandchildren.
- We believe gender bias should be eliminated from family law and from future legislation.
- We believe BOTH biological parents should be responsible for the emotional and psychological well-being of their children, as well as financially responsible.
- We believe in the concept of fairness and equity in support for ALL families; and, that all children involved in a blended family should have equal rights, and do deserve equal rights and equal protection under the law.
- We believe child support orders should be reasonable, realistically reflect the cost of the children’s basic needs, and reflect the relative parenting contribution of both parents in a shared parenting plan.
- We believe when parents are given equal rights, equal responsibility follows; when parents have equal access to their children and support levels are reasonable and reflect the true cost of raising a child, parents will comply with court orders.
- We believe when equity is created in our laws, the conflicts inherent in divorce situations dissolve and that, in the end, this is the greatest gift which we, as parents, could possibly bestow on our children.
What should I write?
Here is some suggested Language for your e-mail. Add edits as needed to personalize if desired. But remember – keep it short and to the point. Lengthy e mails lose their power because they are not likely to be read by the Representative or their staff.
Subject Line: Committee Chair –
Please Support Parental Rights
Dear Rep. (Their Last Name),
This e mail is to express my strong support for Parental Rights. I support it because I believe that Parents should have a fundamental right to direct the care, upbringing and education of their children.
If this important issue has been assigned to the committee that you currently chair. I respectfully ask that you allow Parental Rights to be discussed and voted on in your committee.
I look forward to seeing the Parental Rights Bill passed as Law this year!
Sincerely, (Your Name)
Also extend your gratitude to those supporting Parental Rights by sending a thank you note via e mail.
For The Cause of Liberty, Jim & Patti Sullivan Florida State Coordinators email@example.com
Just a mom- trying to make it in a hectic world!
Law, nonsense, and the nonsense of law
Walter Singleton's blog, dedicated to Aiden Singleton and Seth Singleton living near Chattanooga, TN.
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