Judging Hon. Valerie R. Manno Schurr FL State Judge

judging-the-judgesThe Robing Room – Where Judges are Judged.

Get this incompetent bimbo off the bench and soon – she has no clue and a horrible disposition – treats people with disrespect and extreme arrogance – is ignorant of the law and one can only wonder how in God‘s name she is on the bench. A horrible injustice to the legal system in Miami-Dade County. She should be removed, with pleasure. – View Detail

judge-manno-schurr-11th-jud-cir-miami-fl-family-court

Continue reading Judging Hon. Valerie R. Manno Schurr FL State Judge

The Due Process Clause guarantees more than fair process…

THESE JUSTICES WERE BOUND BY THE DUE PROCESS CLAUSE
court-of-public-opinion-2015

By thefitparentsrights

…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).

Continue reading The Due Process Clause guarantees more than fair process…

Is There a Difference Between Motioning for Reconsideration or Rehearing?

Ask any civil trial lawyer in Florida how many days one has to move for rehearing of an order simply granting a motion for summary judgment, and the odds are good the lawyer will respond, “Ten days.” Pursue the matter further with the lawyer, and ask where this 10-day period is set forth in the Florida Rules of Civil Procedure, and the lawyer will invariably point to Rule 1.530, which by its title governs motions for new trial and rehearing.

Rule 1.530, however, provides that a motion for rehearing must be served no later than 10 days after “the date of filing of the judgment in a non-jury action.”1 An order simply granting a motion for summary judgment is not a final judgment; rather, it is a nonfinal order.2 So, too, are myriad other orders entered by a trial court before final judgment. Attorneys in Florida nevertheless regularly file “motions for rehearing” directed to such nonfinal orders. Often they believe they must do so within 10 days. Sometimes they also believe that such a motion tolls the time to seek appellate review of the nonfinal order.

Motions for rehearing of nonfinal orders are not authorized by the Florida Rules of Civil Procedure.3 Noting that motions for rehearing are exclusively governed by Rule 1.530, the Florida Supreme Court has observed that “[u]nless the filing of a motion for rehearing to an interlocutory order is authorized by a rule of court promulgated by the rule-making authority, then its filing is improper.”4 Indeed, it is not unheard of for an attorney to file a motion for “rehearing” of a nonfinal order and subsequently be confronted with a response from the other side echoing the court’s language and declaring that such motions are unauthorized and improper.

Yet while the rules of civil procedure themselves do not authorize motions for rehearing directed to nonfinal orders, a trial court does have the inherent authority to reconsider and alter or retract such orders prior to the entry of final judgment.5 Rather than constituting a motion for rehearing under Rule 1.530, a motion directed to a nonfinal order is actually a “motion for reconsideration” based upon this inherent and discretionary authority of the trial court.6 Despite this distinct and well-established basis for reconsideration of interlocutory orders, there still exists confusion among many practitioners about the differences between reconsideration and rehearing.

Much of the confusion stems from the fact that parties and the courts frequently use the terms interchangeably, at least in the context of motions directed at nonfinal orders. This is perhaps understandable given the lack of any rule-based authority for reconsideration of nonfinal orders; the articulation of the trial court’s inherent authority has of necessity come through the development of the common law. An attorney will, therefore, only be aware of the basis for reconsideration — as well as its effect on any subsequent appeal — from the case law.

Common Law Origin of Motions for Reconsideration

Continue reading Is There a Difference Between Motioning for Reconsideration or Rehearing?

Divorce can turn lovers into warriors and children into refugees

Continue reading Divorce can turn lovers into warriors and children into refugees

“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.”

Re-blogged from ~
Parenting Together….Living Apart

In working to reforming our current system, I meet great people on a daily basis who see unfairness.

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-custodialparents 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.family court insanity - 2016

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.”

Stop The War On Dads No parents should have to go through this

Invite people ~ Share this community
The father’s rights movement isn’t an anti-mom or anti-woman movement; it’s an anti-unfairness movement. Our aim is to champion the cause of equal parenting, family law reform and equal contact for divorced/separated parents with their children. The fathers’ rights movement is a movement whose members are primarily interested in issues related to family law, including child custody and child support that affect fathers and their children. Many of its members are fathers who desire to share the parenting of their children equally with their children’s mother—either after divorce or as unwed fathers, and the children of the terminated marriage. The movement includes women as well as men, often the second wives of divorced fathers or other family members of men who have had some engagement with family law. Most of the members of the fathers’ rights movement had little prior interest in the law or politics. However, as they felt that their goal of equal shared parenting was being frustrated by the family courts, many took an interest in family law, including child custody and child support.
Though it has been described as a social movement, members of the movement believe their actions are better described as part of a civil rights movement. Objections to the characterizations of the movement as a social movement are related to the belief that discrimination against fathers moves beyond the social sciences and originates in government intervention into family life. The movement has received international press coverage as a result of high profile activism of their members, has become increasingly vocal, visible and organised, and has played a powerful role in family law debates.
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)

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Continue reading “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.”

Divorce is a $50B Business

Know the Industry!Dr. Drew Pinsky on Bloomberg TV, Jan 14, 2014

Child Trafficking American StyleGet in Line - 2016

Shocking Facts On Child Support Costs

REFORM CHILD SUPPORT NOW FLORIDA - 2016LET’S MAKE CHILD SUPPORT REFORM HAPPEN

Watch the latest YouTube Video from Divorce Corp on Child Support Costs, then read the letter below from Vicky Turetsky of the OCSE, and share both with your state elected officials.

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DL Suspension No Passport Incarceration -Child Support- 2016This DCL is available on the OCSE website:

Continue reading Divorce is a $50B Business

Parents and Children in America are negatively affected by “Family” Courts

Every year, millions of parents and children in America are negatively affected by “family” courts and the Departments of Children and Families (DCF) all across this nation, government institutions that actively participate in custody interference for profit at a massive scale.

As a family physician who deals with children, and adults on a daily basis, I am very concerned because I believe that these federal incentives are being misused to cause great harm to the American family, actually leading to a mental health crisis of pandemic proportions.

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Every 3 minute that passes a youth in America is attempting suicide, and 1 of them actually dies in the attempt every 2 hours. Nearly 2 out of 3 of these suicides are associated with these federal incentives, misused to intentionally interfere with the custody of children for profit. Custodial interference in the past year is associated with an increased risk for suicidal ideation of up to 4.5 times the norm, a 350% increase vs children without this history.

Making custodial interference, a.k.a. Parental Alienation, one of the most important preventable factors to decrease suicides in our youths. “Suicide is the SECOND leading cause of death for ages 10-24. (2013 CDC WISQARS). More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease, COMBINED.”

A similar picture presents with our veterans, who are committing suicide at an incredibly alarming rate of almost 1 suicide every hour. Some studies estimate that anywhere between 1 to 2 of every 3 of these suicides are associated with custodial interference which are motivated by these financial Federal incentives. Many of these victims have not even seen active combat, so they can not be attributed to war.

Color of Law Violation Form

According to the USA Today, “suicide surpassed war as the military’s leading cause of death…suicide outranked war, cancer, heart disease, homicide, transportation accidents and other causes as the leading killer, accounting for about three in 10 military deaths” in 2013 and 2014.df84d-broken2bfathers2b-2b2015Suicide Research

This is a totally preventable mental health crisis, which is costing Americans at least $444 billion a year, and which is the 4th leading cause of death among 10 to 54 years old in America as of 2016.

Please, join us in rallies all over this nation on July 22, 2016, Parents’ Day Weekend. We need your help putting a stop to state-sponsored custodial interference incentives known as Title IV-D and Title IV-E of the social security, which are behind the destruction of our families today:

Thanks for your time and attention!

Regards,
Mario Jimenez, M.D., B.S.E.E.
The Grace of the Lord Jesus be with you.

Florida Senate Candidate for District 40
www.VoteMario.Us, www.VoteFamily.Us, www.VoteFamilia.Usvotefamily-us-20151

e00e8-newjudge2bcom2b-2b2015Miami Rally for CAPRA (Constitutional Association of Parental Rights Advocates) Class Action Lawsuit on July 22, 2016, 10:00 a.m. to 1:00 p.m.

Click here for directions to event location in front of US District Court Clerk Building at 400 N Miami Ave, Miami, FL 33128 

Continue reading Parents and Children in America are negatively affected by “Family” Courts