Why Arizona’s Joint Parenting Law is Only the First Step in Father’s Rights

Blogs Followed, Family Court Insanity, Fathers' Rights, Presidential Election

custody disputes - 2016Wife Murders Husband in Custody Dispute But Not the Whole Story – Men’s Views Magazine

In Gilbert Arizona, Jennifer Smith is accused of murdering her husband in cold blood over a custody dispute. Two days before she murdered her estranged husband the children were taken from her by child protective services.

Jennifer Smith murdered her estranged husband Paul Smith, as he was stopped in his car along a congested road near a very large fire. According to news reports, Jennifer and Paul had a very rocky relationship where there were domestic violence issues in the home over several years.

During the divorce proceedings Jennifer was able to gain primary custody of the children she and Paul had together. Unfortunately, under Arizona state law, if one partner commits acts of domestic violence he or she would be denied joint parenting privileges. We don’t know if either Jennifer Smith or her husband Paul Smith were ever charged with domestic violence so we cannot determine if this factor even came into play during the divorce proceedings.

What is clear, from media reports, was that Jennifer has had some mental health issues in her past which led to the troubles in the marriage.

Regardless of the reasons Jennifer murdered husband to request is why she had custody during the divorce proceedings in the first place Arizona’s recent joint parenting law should have placed the children in Paul’s custody at least on a 50/50 split. However this was not the case.

Media reports indicate Jennifer lost custody of her children through child protective services intervention two days prior to her murdering her estranged husband. Clearly, Arizona Child Protective Services did not seem to fit allow the mother custody then why did a judge, who is bound by law to enforce joint parenting laws, give primary custody to a deranged, homicidal woman?

Unfortunately, we may never know the answer to this question. However, this case should highlight the problems with Arizona’s new joint parenting law.

First off, many courts don’t fully enforce or enact the joint parenting law as it was intended. Courts throughout Arizona still seem to have the notion children are better off with their mother as primary caregivers. Sadly, in Jennifer Smith’s case the court grossly underestimated the mother’s fitness for parenting.

Secondly, under Arizona law fathers have a “joint parenting right” for 50/50 parenting time but he must still fight for his rights. It seems fathers still face a grueling battle even when Arizona laws give him rights on “paper” he still must prove his fitness in “court” despite written rule.

Clearly, men’s and father’s rights organizations in Arizona have a long way to go before fathers are treated is equally as mothers in family relations courts. We need to keep vigilant and keep acting to pass new laws and strengthening existing ones to ensure fathers actually have equal rights in a divorce court.man-looking-into-gun-barrel-dreamstime_xs_39260801

Source: Wife Murders Husband in Custody Dispute But Not the Whole Story ~Men’s Views Magazine

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Florida Governor Vetoes Alimony Reform Bill That Could Have Helped Families and Small Businesses

#StandupforZoraya #SayHerName, Blogs Followed, Family Court Insanity, Fathers' Rights, PAS is Child Abuse, Petitions, Presidential Election

FL Governor Vetoes Alimony Reform Bill That Would Have Helped Families and Small Business

what-happened-to-equality-20162Siding with a minority of liberals, Florida Governor Rick Scott (R) yesterday vetoed alimony reform legislation that Florida’s GOP-controlled legislature had passed by a margin of nearly two to one, even though it was supported by 70% of Floridians. Scott’s veto was unfair, anti-family, and anti-small-business. But it thrilled some wealthy divorce lawyers, who hired high-paid “lobbyists with close ties to Scott” to lobby him to kill the bill.

Scott vetoed the bill even though sponsors of the legislation removed the very provision in it that led Scott to veto an earlier version of the bill in 2013 (the fact that it would have applied to pre-existing alimony awards, rather than just those set in the future). The bill would have “eliminated permanent alimony,” replacing it with a more nuanced “formula, based on the length of marriage and the combined incomes of both spouses, for judges to use when setting alimony payments.”

Under existing Florida law, people can be forced to pay alimony even when they are blameless and their adulterous ex-spouse has moved in with a lover. For example, in Baxter v. Baxter (1998), the wife “fell in love with a woman friend and moved with her to a mountain top in Puerto Rico. Although the wife’s friend ha[d] an income of over $100,000 a year,” the wife sought and obtained “$860 per month” in alimony. In Heilman v. Heilman (1992), the state appeals court reversed the denial of an adulterous wife’s request for alimony after she moved in with her lover, rejecting the argument that “the family’s emotional devastation at the news of the extra-marital affair” weighed against alimony. No innocent spouse should be forced to pay permanent alimony in such circumstances.Florida TFRM - 2016

Yet under Florida law, alimony is presumptively permanent, rather than for a shorter period, when the marriage is deemed long-term, such as a 17-year marriage. While alimony can play a useful role in helping a spouse get back on her feet after a divorce, that does not justify routinely or reflexively awarding permanent alimony. That is an archaic vestige of an earlier time when many jobs were closed to women, women were less likely than men to attend college, and the lack of modern appliances meant wives spent far more time doing housework than they do today, leaving them less able to financially support themselves.

To justify his veto this time, Scott disingenuously cited harmless language in the bill containing an initial “premise” that, absent evidence to the contrary, parenting should be shared equally by divorced parents, claiming that could somehow harm children. But this language was not really new: this provision was just a milder version of joint-custody language found in the earlier, 2013 version of the bill, which Scott never objected to on this ground. Such shared parenting laws are hardly unusual — states such as Iowa, Idaho, and Louisiana have a stronger presumption of joint custody. Even the liberal District of Columbia has a statutorily mandated “rebuttable assumption that joint custody is in the best interest of the child.” (See D.C. CODE § 16-91).

Scott’s veto is also bad for small business owners, business formation, and job creation in Florida. As I noted in 2013 in the Tampa Bay Times,

Gov. Rick Scott’s veto of a bipartisan alimony reform bill missed an opportunity to improve the state’s business climate… . Florida courts have discouraged the creation of small businesses through one-sided alimony rulings that ratchet alimony up but not down. They are far more eager to increase people’s alimony obligations when their new business succeeds than to cut their alimony when their new business fails, even though both success and failure affect people’s income and their ability to pay alimony. Since most new businesses fail, this is a potent disincentive to taking the risk of creating a new business. Thus, Scott erred in claiming that ‘current Florida law already provides for the adjustment of alimony under the proper circumstances.’”

Alimony awards are often permeated with gender bias, a reality chronicled by Richard Crouch, a prominent family lawyer, in the Virginia state bar publication Family Law News. (See Crouch, Support Obligations in Mean Times: The Virginia Courts and the Recession, Fall 1992 Issue.) For example, the Virginia Court of Appeals denied alimony to a father even though his ex-wife made five times what he did, and he was the caregiver for the couple’s children, and instead ordered him to pay his ex-wife 40 percent of his meager disability pension, in Asgari v. Asgari [2000]. It is hard to imagine a similarly-situated ex-wife not receiving alimony for at least a few years. For example, in Calvin v. Calvin [1999], the appeals court awarded a wife alimony despite describing her as adulterous, “vindictive and cruel.” As Crouch notes, in Virginia family law, “sex is the difference that makes a difference.” Virginia courts also have shortchanged veterans in divorce cases.family-law-reform-demonstration-at-lawson-e-thomas-courthouse-miami-florida-1

In Florida, gender bias is also common in divorce court. But there, even women have been ordered to pay unfair alimony awards. At Town hall, Rachel Alexander notes that one Florida woman “was ordered to pay lifetime alimony to her ex-husband based on a 14-year-long marriage. Many couples who were only married for 10 years are now in their 20th year of alimony. Some didn’t have any children, or if there are any, they’re often grown.” The bias against breadwinner spouses built into state alimony laws and case law is more pronounced than the informal bias against men that exists in its courts.

As a result, female breadwinners, like male breadwinners, can be saddled with unfair lifetime alimony obligations. That makes lifetime alimony a threat to female professionals and business owners, not just males.

Hans Bader practices law in Washington, D.C. After studying economics and history at the University of Virginia and law at Harvard, he practiced civil-rights, international-trade, and constitutional law.

Source: FL Governor Vetoes Alimony Reform Bill That Would Have Helped Families and Small Business

EX-WIVES WHO BECOME PARENTAL ALIENATORS

#StandupforZoraya #SayHerName, Blogs Followed, Family Court Insanity, Fathers' Rights, PAS is Child Abuse, Petitions, Presidential Election

 

Do NOT hurt Zoraya - Facebook.comStandupforZoraya - 2016

WHEN EX-WIVES BECOME ALIENATORS

Guilty until Proven Innocent!

After reading the list, don’t get discouraged when you notice that some of your own behaviors have been alienating your ex-spouse. This is normal in even the best of parents. Instead, let the list help sensitize you to how you are behaving and what you are saying to your children. Here are common mistakes:

To prevent the devastating effects of Parental Alienation, you must begin by recognizing the symptoms of PA. You will notice that many of the symptoms or behaviors focus on the parent. When the child exhibits hatred and vilifies the targeted parent, then the condition becomes parental alienation syndrome. After reading the list, don’t get discouraged when you notice that some of your own behaviors have been alienating. This is normal in even the best of parents. Instead, let the list help sensitize you to how you are behaving and what you are saying to your children.

1. Giving children choices when they really have no choice about visits. Allowing the child to decide for themselves to visit when the court order says there is no choice sets up the child for conflict. The child will usually blame the non-residential parent for not being able to decide to choose whether or not to visit. The parent is now victimized regardless of what happens; not being able to see his children or if they see them, the children are angry. Again, if you do these things intentionally, it make give you a chuckle now knowing you are hurting your ex, but you are truly hurting your child who eventually grows up, learns how things work and turns their back on YOU in turn. In literally 90% of these cases, the parent who causes the problem ends up with the short stick.

2. Telling the child what you want them to think is “everything” about the marital relationship or ‘all’ reasons for the divorce is also alienating behavior. The parent usually argues that they are “just wanting to be honest” with their children. This practice is destructive and painful for the child. The alienating parent’s motive is for the child to think less of the other parent. In reality, the child always looks up to a parent. If that parent lets them down in person, then that parent suffers. If you are doing these things, you are in person and it is a let down. You will suffer eventually for these actions.

3. Refusing to acknowledge that children have property and may want to transport their possessions between residences. Doesn’t matter who bought who what. Once it is given to someone, it is theirs.

4. Resisting or refusing to cooperate by not allowing the other parent access to school or medical records and schedules of extracurricular activities. Telling professionals not to let the other parent have access is going to work against you. These professionals know what you are doing. They may humor you but they know the law. It is not yours to rewrite. So ‘behind’ your back, they will grant legally to the other parent whatever it is they need. Also note, if the opposing parent were so evil you felt they do not deserve access, why are they allowed to walk the street? It will backfire in a big way in time.

5. A parent blaming the other parent for financial problems, breaking up the family, changes in lifestyle, or having a girlfriend/boyfriend, etc. Just like when you hear someone else tell the same tale, the child may not know it yet, but in time, just like when you heard it, they will know you are an excuse maker.

6. Refusing to be flexible with the visitation schedule in order to respond to the child’s needs or other parent’s work schedule. The alienating parent may also schedule the children is so many activities that the other parent is never given the time to visits. Of course we all know you do this so when the targeted parent protests you can described them as not caring and selfish. However, the child will eventually wise up that the complaining parent only wants to see them and you were the one conflicting the schedule.

7. Assuming that if a parent had been physically abusive with the other parent, it follows that the parent will eventually assault the child. This assumption is not always true. Sometimes you cause the other parent to dislike you and become abusive. Pretending this is not true does not change the facts.

8. Asking the child to choose one parent over another parent causes the child considerable distress. If you try to sneak in “Well, which of us would you rather be with?” you are looking for trouble. Typically, they do not want to reject either parent, but instead want to avoid the issue. The child, not the parent, should initiate any suggestion for change of residence.

9. Children will always at one time or another become angry with a parent. This is normal, particularly if the parent disciplines or has to say “no”. If for any reason the anger is not allowed to heal, you can suspect parental alienation. Trust your own experience as a parent. Children will forgive and want to be forgiven if given a chance. Be very suspicious when the child calmly says they cannot remember any happy times with you or say anything they like about you. That means someone at home is brainwashing them.

10. Be suspicious when a parent or step-parent raises the question about changing the child’s name. A mother can change her name back to maiden but in the majority of cases where the child is denied the father’s last name, the amount of further alienation is immeasurable. There is no other means that compares to show what is to come if a mother changes or denies the father’s name. It will not get better.

11. When children cannot give reasons for being angry towards a parent or their reasons are very vague without any details. This is because the alienated parent has done nothing to them. The child becomes confused but eventually realizes, it was all brain washing.

12. A parent having secrets, special signals, a private rendezvous, or words with special meanings are very destructive and reinforce an on-going alienation. Act your age before the child out grows you.

13. When a parent uses a child to spy or covertly gather information for the parent’s own use, the child receives a damaging message that demeans the victimized parent. Try this with a teenager and they may just switch homes on you.

14. Parents setting up temptations that interfere with the child’s visitation. Planning vacations or special events or trips to the mall to buy something they always wanted. Making the child late is another common mistake. As a full time parent, you can easily schedule things around the visiting parent. Learn to do so.

15. A parent suggesting or reacting with hurt or sadness to their child having a good time with the other parent will cause the child to withdraw and not communicate. They will frequently feel guilty or conflicted not knowing that it’s “okay” to admit they have fun with their other parent. Just as different breeds of dogs cannot mate, they still get along and realize it’s OK to be different. The faster you do this, the easier the rest of your life will become.

16. The parent asking the child about his/her other parent’s personal life causes the child considerable tension and conflict. Children who are not alienated want to be loyal to both parents. They also do not think of their parents in this light. Putting them there will push them away from you.

17. When parents pretend physically or psychologically rescue the children when there is no threat to their safety. This practice reinforces in the child’s mind the illusion of threat or danger, thereby reinforcing alienation until the child realizes the only fear is that of when you will pull this act again. You will scare them into leaving you.

18. Making demands on the other parent that is contrary to court orders. You are not the law and eventually the law will find out and the law will enforce itself, correct you and cause such embarrassment, it may cost you custody.

19. Listening in on the children’s phone conversation they are having with the other parent. They do not want you listening in when they speak to their friends and you do not. So do you not think they will find it bizarre if you suddenly insist on listening in on this particular conversation?

20. One way to cause your own alienation is making a habit of breaking promises to your children. Especially if they are promises that deter the child from giving affection or time to the other parent. In time, your ex-spouse will get tired of having to make excuses for you and the child will leave the truth.

You may think you know better or are more clever than those who have tried this before you, but trust us, you do not know better nor realize what you are doing.  Don’t believe it? Someone else agrees…..

Femininity and Rape

Blogs Followed, Family Court Insanity, Fathers' Rights, PAS is Child Abuse, Petitions, Presidential Election

5cde8-the2bgame2bof2bchild2bcustodyRAPE !

Rape is an atrocious power-act of sexual assault.

It is also a word that is recklessly bandied about by women’s groups, who exploit it for financial gain and a quest for political supremacy. In fact, references to this inflammatory term seem as ubiquitous as the GEICO ads that blanket our airwaves.

According to gender theorists, our so-called rape culture is a byproduct of a social setting where this heinous act has become pervasive and normalized due to societal attitudes about gender and sexuality.[i] They say it is commonplace, an extreme manifestation of pervasive misogyny and sexism, and has caused post-trauma distress and health problems in a great many women. All men are potential rapists

Some radicalized individuals go even further. They maintain that the fashion industry’s use of female models to market their products, Sports Illustrated’s swimsuit issue, pornography, and even some innocent tenets of modern day society promote rape as a guilt-free act.

The loudest and most enthusiastic among them–who scream at men for objectifying women— are angry bullies. Sara Silverman[ii], science blogger Greg Laden,[iii] the angry lesbian Feminist Fatale [iv] and others say that “all men are potential rapists.” Every year, women’s groups exploit college campus […]

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Source: NCFM Member Tim Patten on Toxic Femininity and Rape | National Coalition For Men (NCFM)

A Parental Alienation Syndrome Family Experience

#StandupforZoraya #SayHerName, Blogs Followed, Family Court Insanity, Fathers' Rights, PAS is Child Abuse, Petitions, Presidential Election

What To Do : Alienated Parent With a Parental Alienation Syndrome Family Experience | The Nacol Law Firm PC

What are the Best ways for the Alienated Parent to Deal with the PAS issue?

  1. Keep your “cool”. Never retaliate. Never act in anger since anger=unstable.Stop Emotional Child Abuse Parental Alienation - 2015

  2. Never give up! You cannot let your child grow up in this environment of hate. The child is the victim of a situation that he/she never asked to be in.

  3. Be “Proactive”! It is a terrible situation for the entire family, but work on seeking constructive action to solve the problem. Do not allow yourself to become a victim!

  4. Always keep a journal of dates and times of major key events. Explain when the situation occurred and what happened specifically. Any Witnesses?

  5. Always call and show to pick up the child even when you know he/she will not be there. Try to contact the police to have a record of the no-show event or take a witness to video the denial of possession. You do have an interest in your child, no matter what the alienating parent says.

  6. When you do see the child, focus on enjoying your parent-child time together. Never talk badly about the other parent and do not let children overhear inappropriate conversation on the telephone.

  7. Hire a skilled family lawyer who has experience in parental alienation syndrome issues.  Do your homework on PAS and interview the lawyer on his experience and what your issues are. If you are not satisfied look again.  This is your life and you are trying to save your child.

  8. Be prepared to financially see this case to the end.  Most of these case last for years. You cannot start and stop.

  9. A forensic evaluator in PAS cases is usually an asset in showing that there is truly alienation occurring and recommend changing legal and primary custody to the alienated parent. An appropriate parenting plan included showing how well the child will be taken care of with the alienated parent, is advised.

  10. Always pay your child support on time and never violate court orders. Never give the alienating parent reason to question your behavior.

  11. Last but not least, to show that your parenting skills are superior, take a comprehensive parenting course to be able to show the court that you strive to be the best parent you can to the child, no matter what the alienating parent says.

So few in the Media will Expose the Judicial Corruption of Judges

Blogs Followed, Family Court Insanity, Fathers' Rights, PAS is Child Abuse, Petitions, Presidential Election

 

#ABC2020 (ABC 20/20) will expose Judicial Misconduct.21372-stop2bfamily2bcourt2bcorruption2b-2b20162

My Dad Tried to Right a Wrong, Now He’s Behind Bars Unjustly

Victoria FineMy father is 69 years old and is known for his dapper bow ties and for seeing the world in strict terms of right and wrong. And since March, he has been taken a political prisoner of the L.A. County Jail System.

So few in the Media will Expose the Judicial Corruption of Judges

corruption family court judges - 2016

Justice’s Blind Eye: Money Floods Judicial Election Campaigns

In rare public remarks last week, U.S. Supreme Court Justice Ruth Bader Ginsburg said the money involved in electing judges remains one of the most pr…

My Father’s Case Heads to the U.S. Supreme Court

Victoria FineRichard I. Fine vs L.A. County Sheriff Leroy D. Baca will determine whether it is legal for a U.S. citizen to be held in coercive confinement for such a long period of time — almost 14 months.

– Please Watch ABC 20/20 often and show your support to ABC for STANDING UP and SPEAKING OUT we need more true Investigations into the Corruption of our Government, our Elected Officials and our Judiciary. When sharing your story please add #ABC2020 –DivorceCorp - Judge says Family Court is all about the money - AFLA Blog 2016

Bought Justice

Dylan RatiganOur courts have as of yet been exempt from the same level of scrutiny as Congress and our politicians, but there is a pervasive, ongoing corporate attack on judicial integrity, and what we’re seeing is that a lack of aligned interests, secrecy, and corruption are eroding that system as well.

Judicial Accountability

Source: Exposed Corrupt Judge

When government fails, everyone feels the pain

State court: Domestic violence law unfair to gay couples

Family courts must submit to ‘laptop justice’

Filmmaker Was Documenting Abuses in Cps and Children Murdered Under State Custody Before He Died

Hold Family Courts Accountable

Judicial Accountability for Court Ordered Parental Alienation

Dr. Koziol Back in Manhattan Advocating For Court Reform and Family Rights

Maine Couple on ABC’s 20/20 Fighting Child Abuse Charges

Obama Sucker Punches Citizens United

~~ WARNING ~~: Family Court Can Cause Serious Risks To Your Health