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December 2006

 

Justice Is Coming... Fathers-4-Justice -- Boston video
http://www.youtube.com/watch?v=vTLRD3AtjnM&eurl=
Please go to YouTube and watch the video, add it to your favorites, leave a comment.


Fathers-4-Justice Rocks Boston
Media Contact: Judi Smith-Phelps, (614) 448-3276 -- judi.smithphelps@oh.f4j.us

Boston Custo-Tea Party Photos

Hundreds gathered at Faneuil Hall Square in Boston on December 10 as Fathers-4-Justice™ U.S. (F4J) protested the Massachusetts family court system which routinely strips fit mothers and fathers of their fundamental right to parent their children. . . . According to F4J Massachusetts Coordinator George Mason, "In 2004, Massachusetts voters responded in overwhelming favor to a non-binding ballot question of whether or not state legislators should enact a law for shared parenting." Mason adds, "In 2006, millions of parents and children continue to suffer at the hands of judges who abuse their discretion thereby destroying families." . . . Sunday's demonstration included a massive march through the streets of Boston where the protestors made stops at multiple historic landmarks to listen to a variety of speakers whose lives have been devastated by unjust family court rulings. Several moms and dads took to the megaphone to offer their own chilling personal . . . accounts to the crowd and passers-by. F4J national board member Judi Smith-Phelps, aka Superwoman, describes America's family courts as "hell on Earth" and says that F4J and others are fighting back to demand parental quality, which she says is in the best interest of every child. . . . F4J is a 501(c)(3) non-profit volunteer army of mothers, fathers, grandparents, and others dedicated to fighting for truth, justice and equality in family law.

Additional Information: George Mason, F4J Massachusetts Coordinator, (508) 735-6615
george.mason@ma.f4j.us / Website: www.f4j.us


Domestic Violence Against Fathers, Children Ignored With Rights Violated and Denied All Too Often

12-11-06 -- Children's rights, father's rights and domestic violence against fathers is all too often ignored by the Judicial Branch of our constitutional Democracy and the need for judicial accountability is now greater than ever. Bill Stoneking's efforts in releasing his first book, "The Diary of a Patient Man, A Father's Struggle" is one man's efforts to address and bring solutions to this problem father's face every day. . . . Chicago, IL (PRWeb) December 10, 2006 -- Having gone from being a legislative adviser in Lombard, IL (DuPage County) to a victim of Domestic Violence and Court Corruption in Clay County Missouri, father turned author Bil Stoneking pens his traumatic story of condoned and court supported domestic violence against himself and his daughter. With his and his daughter's rights violated to no end, Bill Stoneking brings you this compelling true story "The Diary of a Patient Man, A Father's Struggle" (Oct. 26, 2006, ISBN: 978-1-4303-0198-1) in a effort to raise public awareness to the obvious conduct of abusers in family court and how Judges who ignore and facilitate this unacceptable behavior need to be held accountable. . . . With trial court evidence, witness testimony and the judge's statements from court transcripts presented throughout his book, you see the horror played out very publicly in an obvious Kangaroo Court. From perjury to fabricated evidence, Bill Stoneking details for you the obvious bias and prejudice tyrannically suffered on fathers and their children and how a father was slapped down by the court for saying "No" to domestic violence.


November 2006

UNITED KINGDOM

Fathers rights rooftop protestor accuses judge of aiming gun

Jolly Stanesby, dressed as Santa, on the roof

11-28-06 -- A judge could face police questioning after claims he aimed a gun at a member of Fathers 4 Justice who was staging a protest on his roof. . . . Judge David Tyzack was accused of brandishing the weapon at a campaigner who climbed on top of his country residence dressed as Father Christmas. . . . The campaigner, Jolly Stanesby, claims he was threatened by the judge as he unsuccessfully ordered him off the £1million property. . . . But although Judge Tyzack admits holding the gun, he insists it was because he believed an "injured bird" had landed on his roof. . . . And he says that when he realised it was a man, he put his gun away and called the police.


IOWA

Teen defies deadbeat stereotype

By The Associated Press

11-14-06 -- Nate Watson was 16, and he was scared. . . . Watson had just learned his girlfriend was pregnant. Nearing the end of his sophomore year at North High School, he didn’t know what to do. He thought about dropping out of school and getting a full-time job. He cried on his mother’s shoulder. He went on long, soul-searching walks by himself. . . . The next nine months went by quickly, Watson said. He moved in with his girlfriend, Jessica Fattig, and waited on her every need. He cooked and cleaned and brought her buckets when she had to throw up. He endured her mood swings. He ran to the store to pick up foods she was craving. . . . Watson felt too young to be a father. But he saw plenty of young men around his neighborhood and in school who had children but didn’t care for them. Being that sort of “deadbeat dad” — a term that spews from Watson’s mouth with disdain — was the last thing he wanted to be. . . . Two days after Christmas 2004, Jessica started feeling contractions. They rushed to Broadlawns Medical Center. Watson held Jessica’s hand as doctors performed a Caesarian section. . . . A baby girl, Jalia Lynnae Watson, arrived.


TEXAS

911 response too late in foster dad's murder?

Rebecca Lopez / WFAA-TV

11-14-06 -- After a foster father was allegedly strangled by the biological mother of one his foster children, questions have been raised if he may have been able to be saved by a quicker emergency response. . . . Police said they believe Angela Johnson killed Danny Stearns after he accused her 16-year-old son of stealing money. . . . But as the confrontation occurred, the man who called 911 that day, David Lyles, said it took three calls before officers came to the scene. He said at that point, it was too late. . . . Lyles said he knew something was wrong when he saw a 4-year-old boy dart across six lanes of traffic. . . . "A little boy ran across the street in front of my car," he said. . . . After he saw the frantic boy, Lyles said the boy's words confirmed his fears. . . . "He said, 'There is a man trying to kill my mother, and my mother has a knife," he said. . . . At 11:38 a.m., he made the first 911 call and told operators a child was claiming someone was being killed. When officers didn't arrive six minutes later, he called again.


Rejecting our fathers, hating our country
11-02-06 -- "He was a bully and a coward," Tom Cruise recently told Parade Magazine, talking about his own father. "He was the kind of person where, if something goes wrong, they kick. It was a great lesson in my life – how he'd lull you in, make you feel safe and then, bang!" . . . "For me it was like, 'There's something wrong with this guy,'" said the famous actor, then drawing the "life lesson" most children with father problems draw: "Don't trust him." . . . I sympathize with Tom Cruise more than I can say, although my distrust problem was not rooted in an abusive father but in my parents' divorce. I spent three difficult years in a boarding school for "emotionally troubled youngsters," although who knows, Pleasantville Cottage School may have actually saved my life, giving me the stability my mother hoped for until she remarried (she left my father when I was 5). Yet, being separated from my parents was unbearable, and I remember running away from school regularly, trying to get back to New York City where they both lived. I was 8 years old. . . . It is hard for many adults to remember the agony of their childhoods, but for those of us who do remember, it digs deep – "distrust" is a mild word. I'm sure I haven't yet fully recovered from those feelings. Let's face it: The anger that we inherit from suffering the sins of our parents does not go away easily. . . . And yet, there is something about an abusive or uncaring father that digs particularly deep when you hear about it. I think it's because ultimately we need our fathers to be our protectors. When they are not, and especially when they themselves are abusive, we can easily grow to hate them.  . . . From that moment, life gets very painful, and very complicated – because the problem doesn't stop with our fathers.


MARYLAND   

Court Says Consensual Sex Can't Become Rape

By Ernesto Londoño, Washington Post Staff Writer

While deliberating on a rape case in December 2004, a Montgomery County jury asked the judge the following question: If a woman agrees to have sex, but while having intercourse changes her mind and withdraws consent, is she being raped if the man doesn't stop? . . . Circuit Court Judge Louise G. Scrivener told jurors they would need to determine that themselves, relying on the instructions they had been given. The jury returned a guilty verdict. . . . The Court of Special Appeals of Maryland this week overturned the conviction -- kicking the case back to Circuit Court -- and delved into the thorny legal issue of revocation of consent in rape cases. In a 51-page opinion, it faulted Scrivener for not telling jurors that under Maryland law the scenario described does not constitute rape. . . . The appeals court decision could lead to a new trial, or possibly a dismissal of charges, for Maouloud Baby, who was 16 at the time of the incident and is now 19. He is serving a five-year sentence. . . . "He's lost these formative years of his life," said his attorney, James F. Shalleck. "You don't get your time back from the court."


October 21, 2006

America's Father Hungry

Mike McCormick and Glenn Sacks, NewsWithViews.com

Are fathers irrelevant? Are they really the useless buffoons we see on TV? The irresponsible deadbeats the local DAs say they are? The controlling abusers we see in domestic violence PSAs? . . . That's not the way Tim Russert's readers see them. . . . Russert’s new book Wisdom of Our Fathers: Lessons and Letters from Daughters and Sons is a surprise runaway hit, reaching #1 on both the New York Times bestseller list and on Book Standard’s Overall Bestsellers Chart. In 2004, Russert published Big Russ and Me about his father, and says he received an “avalanche” of letters from men and women who wanted to tell him about their own dads. Wisdom is largely a sampling of those 60,000 letters. *** The fathers in Wisdom are largely men of modest means who sacrificed greatly to provide for their families. Wisdom begs the question why, in one generation, have so many fathers apparently thrown off all their responsibilities and abandoned their children? . . . The answer is simple--most of them haven’t. **** According to a study of 46,000 divorce cases published in the American Law and Economics Review, two-thirds of all divorces involving couples with children are initiated by mothers, not fathers, and in only 6% of cases did the women claim to be divorcing cruel or abusive husbands. Divorcing women instead cite emotional reasons, such as a perceived lack of closeness or of not feeling loved and appreciated. Most of these men didn’t fail as fathers--they only failed at the often difficult task of keeping their marriages together. . . . Once a marriage falls apart, fathers often struggle to maintain a regular presence in their children’s lives. While shared parenting protects children's loving bonds with both parents, many family courts instead allow men only a few days a month with their children. Moreover, many divorced mothers resist co-parenting because they are unable to put aside or see beyond their anger and disappointment. According to research conducted by Joan Berlin Kelly, author of Surviving the Break-up, 50 percent of mothers claim to "see no value in the father's continued contact with his children after a divorce." Does this stunning finding only reflect poorly on fathers and not also on mothers? ****The typical Wisdom family is supported by a hard-working dad whose sacrifices are understood and appreciated by his children. Though his work obligations sometimes cut him off from his kids’ everyday lives, his place in the family is honored and respected, and he still manages to make a huge impact on his children. . . . Today that Wisdom dad has often been exchanged for a dad who’s not in the home, and who works to support kids from whose lives he is largely barred. For our children, it’s been a lousy trade.


 Click to read "Book Ban Lifted" -- 8/4/06

"Exposing the Corruption in the Massachusetts Family Courts" -- Written by Kevin Thompson

Click to read: Tried & Jailed by NY Family Court Judges

"Debtor's prisons" were  outlawed; now we have "contempt of court" prisons
No trial or due process is necessary -- a judge simply declares you "in contempt of court"

 


October 18, 2006

The Relationship of Biology to Legal Fatherhood:
Two New Cases Show Courts Struggling to Find a Coherent Approach, As Non-Biological Fathers Fight for Their Rights to Children

By Joanna Grossman

Science has made it easy to determine genetic fatherhood with a high degree of accuracy. But should those results always dictate which man has legal rights and obligations with respect to a child? . . . The importance of biology to so-called "legal" fatherhood has clearly evolved as genetic testing has become more accurate and accessible. Yet, the law has so far stopped short of equating biology and legal fatherhood for all purposes. . . . It is still the case that other factors - ranging from a man's behavior towards a child, to his legal relationship with the child's mother, to the timing and forcefulness of his attempts to prove paternity, and her efforts to conceal it -- can all be used to determine whether a man with no genetic tie to a child might nonetheless be the child's "legal" father. . . . Courts continue to struggle with evaluating biological and social claims to fatherhood - as is illustrated by two recent decisions, one from Tennessee and one from Kentucky. The decisions are especially instructive when considered in combination, for they reach opposite conclusions about the legal status of a man who is or was married to a woman but not the biological father of a child born during their marriage. . . . In addition, these two cases show men acting contrary to stereotype: Rather than eschewing the status of father to "another man's" biological child, these men are fighting for the right to be fathers to the non-biological children they have raised. These fathers are welcome exceptions to the stereotypes of men shirking the obligations of paternity, or allowing sexual jealousy to destroy their relationships with "another man's" child.


October 14, 2006

10 Tips for Dads after Divorce

By Grant Griffiths, Kansas Family & Divorce Lawer

Dealing with special occasions after divorce can be especially tricky. . . . When you’re sharing custody after a divorce, birthdays and holidays can be tough, especially in the early days. But take heart. As each year passes, you and your family will become more comfortable with the new family structure and will create new rituals and ways to enjoy special times together. . . . Here are some other tips for making birthdays and holidays pleasant for everyone concerned. (Click to read it in full).

1. Be Flexible

2. Be Proactive and Plan Ahead

3. Be Kind and Generous

4. Keep your word

5. Include the kids in your planning

6. Create two holidays or birthdays

7. Avoid the indulgence trap

8. Take care of yourself if you're alone

9. Build new family traditions

10. Nurture your blended family at holidays

When it comes to parenting time, co-operation is better than conflict but if for any reason you need the court to resolve any conflict over holiday parenting time then don't leave it until the week before Christmas to call the court and hope a judge will see you at the last minute, as chances are you will be disappointed. Grant's suggestion to plan ahead is a good one.


The war on fathers
By David Kupelian, World Net Daily

"Father knows best." . . . How do those three words make you feel? Turn them over in your mind a couple of times and be aware of the subtlest of feelings. Be honest. . . . Do they make you feel slightly squeamish? A little discomfort in your solar plexus? Is something deep down inside you repelled by those words? . . . If so, you're not alone. Contempt for male authority – as if to say, "Give me a break, father sure didn't know best in my life" – is everywhere around us. We're swimming in it. You see, men, boys and masculinity itself have been under withering national assault for decades. . . . "Father Knows Best," of course, was a popular TV show during the '50s, when I was a little boy. Set in the wholesome Midwestern town of "Springfield," insurance agent Jim Anderson (played by Robert Young) would come home from work each evening, trade his sport jacket for a nice, comfortable sweater, and then deal with the everyday growing-up problems of his family. Both Jim and wife Margaret (played by Jane Wyatt) were cast as thoughtful and mature grown-ups. Jim could always be counted on to resolve that week's crisis with a combination of kindness, fatherly strength and good old common sense.

Today, more often than not, television portrays husbands as bumbling losers or contemptible, self-absorbed egomaniacs. Whether in dramas, comedies or commercials, the patriarchy is dead, at least on TV where men are fools – unless of course they're gay. On "Queer Eye for the Straight Guy," the "fab five" are supremely knowledgeable on all things hip, their life's highest purpose being to help those less fortunate than themselves – that is, straight men – to become cool.


October 5, 2006

Modern-Day 'Poll Tax' Costs GOP Votes

by Barry Weinstein -- Mr. Weinstein is an activist who was once the innocent target of New Jersey prosecutor Nicholas Bissel. The indictment against him was dismissed with prejudice.

The Democratic Party’s instituted policies and pandering to the radical woman’s movement are responsible for at least 1 million non-felons—divorced American men commonly known as fathers—who are today being denied the right to vote. How is that possible? It is done by the imposition of a new-fangled “poll tax” by activist judges. . . . Here is the short of it. Right now, there is estimated to be 1 million individuals in county jails on any given day. Curiously, no statistics regarding non-felons in prisons are kept by the Justice Department. . . . The issue is now playing out all across America’s 3,141 counties and parishes. These individuals who have not committed any crime are the target of activist judicial discrimination based upon their sex. They have not been accused of a crime. They have not had a trial by jury of their peers. In fact, they have not been convicted of any crime. They are in jail until they—even if they cannot comply—pay a judge’s arbitrarily established sum in order to be released from jail. This is a clear violation of the 13th Amendment and federal statues against peonage, slavery as well as involuntary and indentured servitude, respectively. This mirrors ransom as well, as I see it. This is not a joke! . . . Unless the money is paid, the person will remain in prison for an alleged debt, unconstitutionally I say, deprived of his liberty. According to press reports, there is one individual in a Pennsylvania county prison for more than 11 years. He has not had a trial by jury or been accused of a crime; the judge wants money he does not have.


Kim Basinger Arraigned

by TMZ Staff, Filed under: Celebrity Justice

Kim Basinger has been arraigned on contempt charges. Former Hubby Alec Baldwin triggered the case by alleging that Kim is guilty of a laundry list of violations in their ongoing custody dispute. Among Baldwin's allegations -- that Basinger blocked his visitation rights, blocked his rights to speak with his daughter on the telephone and failed to notify him when the child suffered an injury.

Click here to view the court documents.


October 4, 2006

VAWA: America's Most Anti-Family States

David R. Usher, NewsWithViews.com

The latest report by RADAR (Respecting Accuracy In Abuse Reporting), titled “An Epidemic of Civil Rights Abuses: Ranking of States’ Domestic Violence Laws provides us with a new perspective on VAWA: we treat the average terrorist better than we treat the average husband facing a false allegation of spousal abuse. . . .It is now well-known (but often ignored by beltway candy-men) that VAWA (the Violence Against Women Act) is used more commonly as a tactical divorce weapon than for its intended purpose. We also know that physical family altercations are initiated slightly more often by women than men, but almost zero federal funds are used to help men facing a violent spouse. . . . Some states have lowered the bar of law so low that anything is considered “domestic violence”, such as a simple statement of fear with no supporting narrative or even one whit of evidence. A 1995 study in Massachusetts found that less than half of all issued restraining orders contained even an allegation of violence. . . . This convenient weapon of mass destruction powers the feminist divorce industry. It has lead to massive violations of the fundamental civil right for good men to be in the family and to parent their own children, and placed cities-full of innocent children at risk for serious child abuse (about 66% of which is committed by natural mothers who have serious chemical abuse or mental disorders). . . . RADAR estimates that approximately two to three million persons are outrageously evicted from their families every year, without so much as a reasonable evidence-based trial. Half of these do not even include an allegation of violence. . . . The latest RADAR report makes an astonishing finding: there are no states where domestic violence laws have a “low risk” of being abused. . . . Seven states have laws placing them at “extremely high risk” of abuse: Alaska, California, Missouri, New Hampshire, New Jersey, New York, and Virginia.


September 29, 2006

Michigan's Equal Parents Rally Photos
http://mensnewsdaily.com/2006/09/29/michigans-equal-parents-rally-photos/


WASHINGTON

Taxi driver pays full fare to state

Editorial – The Seattle Times

THE Washington Supreme Court issued a ruling last week that has a feel about it of debtor's prison. It is not prison really, but debtor's firing. . . . The case, Greg Amunrud vs. DSHS, was about a taxi driver who fell behind in child-support payments for his son. He was supposed to pay $350 a month. He started at $150 and, over time, paid less. The question before the court is whether state government could punish him by taking away his license to drive a cab. Justice Barbara Madsen said it could. Madsen, joined by justices Gerry Alexander, Susan Owens, Bobbe Bridge and Mary Fairhurst, said the government had good reason to want divorced or unmarried fathers to pay child support. One way to get them to pay was to threaten to take away their right to work. The program was effective, and the state should be allowed to keep it. . . . Justice Richard Sanders, joined by justices Jim Johnson and Tom Chambers, argued that if the state wanted this man to pay his bills, it made no sense to take away his right to earn money at his trade, which he had been practicing for 20 years. . . . Further, said Sanders, "We do not license drivers to assure they are current in child support payments; we license them to promote highway safety." The suspension of Amunrud's license had nothing to do with the purpose for which he was licensed. . . . It makes good sense to enforce the law against parents who persistently fail in their full obligation to make support payments. But this should be done without taking away a person's job, and without giving the state an extra hammer over all licensed professions relative to unlicensed ones.

Decision from FindLaw:

Sep. 21, 2006 Greg Amunrud v. Board of Appeals and the Dept. of Social & Health Services 76590-1
Sep. 21, 2006 Greg Amunrud v. Board of Appeals and the Dept. of Social & Health Services (Dissent) 76590-1


September 20, 2006

PENNSYLVANIA  

Bizarre divorce saga: A man, a woman and missing millions

Erin McClam, Associated Press

 
 

Photo Courtesy of Bobbie Applegate

H. Beatty Chadwick and his wife, Bobbie, pose in a cathedral in Brasilia, Brazil, during a 1984 business trip.

 

Slight, scholarly and enigmatic, H. Beatty Chadwick is doing this day what he has done for the past 4,093: He is sitting in a county jail outside Philadelphia. . . . It is a place meant for run-of-the-mill crooks just passing through on their way to comparatively luxurious state prisons. Certainly not for anyone to stay 11 years - not for the central figure in one of the most bizarre divorce battles in American history.

It hinges on a charge of civil contempt designed to force Chadwick to turn over $2.5 million the courts say he hid overseas all those years ago. Except he won't. Or can't, depending on whom you believe. . . . So Chadwick sits. . . . "He's an anomaly," says his lawyer, Michael Malloy. "They don't know what to do with him." . . . The case has produced an Everest of court papers - a dozen pleas to the Delaware County courts, nine to state appeals courts, nine to the Pennsylvania Supreme Court, 12 to federal courts, two of those to the U.S. Supreme Court. . . . But before all that, there was a marriage: Chadwick, a 39-year-old successful corporate lawyer, to Barbara Jean Crowther, just 22, in 1977. Not surprisingly, they disagree about the very nature of their union. . . . H. Beatty Chadwick insists the marriage was placid, happy - at least until she became depressed in their later years together. He says he loved her very much. He smiled on her newfound hobby of painting. . . . But in past interviews, she has described a home life controlled intensely by her husband, with rationed toilet paper (six sheets per bathroom visit) and sex (7:30 a.m., Tuesdays and Thursdays). . . . She told Philadelphia magazine in 1994 that he once kicked her and caused her to fall down a flight of stairs and lose a child she had been carrying for 18 weeks. . . . H. Beatty Chadwick says it is all fiction, much of it dreamed up by his ex-wife's high-powered divorce lawyer, Albert Momjian.


August 29, 2006

Videos – A Way to Connect with Alienated Children

Dad, K. Pat Brady, Rochester, NY, has come up with a unique idea for ‘abandoned’ dads and moms. He’s praying that it’ll catch on and children will start looking on the Internet to hear from their alienated parent. . . . Check out the video he did for his daughter and make sure you give it a great rating.

"Whitney Muh Dear" -- http://www.youtube.com/watch?v=Lsx0JCBpMbc

Please pass this message on.


PENNSYLVANIA

Judge to Decide on Father's Reunion with Daughter

6ABC

A father will try to convince a Montgomery County judge Tuesday morning that his daughter should be returned to his custody. . . . 7-year-old Rachel Librett had lived with her mother for the last three years. Claudia Librett ran off with her to Canada, when Michael Marran was awarded joint custody. Librett told Rachel that her father had died in prison. . . . The judge delayed a reunion between Rachel and her father last Tuesday because he wanted to make sure that Rachel is ready to see her dad. . . . "The system is frustration," said Michael Marran after the hearing in Montgomery County Court on Tuesday. "There's not much you can do."


August 25, 2006

New American Bar Association Article Points to Crisis in False Paternity Judgments
By Mike McCormick and Glenn Sacks

Child support enforcement programs are supported by all sides of the political spectrum, from women’s advocates on the left to traditionalists on the right. While this popularity is sometimes understandable, it has also allowed glaring and inexcusable abuses to fester and grow. Of these, none is more egregious than when men are forced to pay 18 years of child support for children who are not theirs, and who in many cases they’ve never even met. . . . In “The Innocent Third Party: Victims of Paternity Fraud,” a new article in the American Bar Association's  Family Law Quarterly, Washington DC attorney Ronald K. Henry details how this problem developed, and proposes some common sense solutions. The problem is relatively new, and stems in large part from the federal Personal Responsibility and Work Opportunity Act of 1996, which restructured the welfare system. . . . The Act mandates that a mother seeking welfare benefits for her child must provide the name of the child’s father so the state can recoup its costs by securing a child support order. 


August 22, 2006

TEXAS

Three men, a baby and the state

By Scott E. Williams, The Daily News

Thousands of child-support evaders, often called “deadbeat moms and dads,” are on the loose in Texas. . . . Despite a DNA test stating the contrary, the attorney general’s office counts Aaron Grace among them. . . . In July 2001, Grace was 21 and thought he was a father. His longtime girlfriend, a Texas City resident, had given birth to a girl. He signed an acknowledgement of paternity at the Galveston hospital where the child was born. . . . Two days later, the child’s mother told Grace he might not be the father. . . . Grace, a Katy resident, said the revelation that the woman had been involved with two other men who could be the child’s father began a five-year ordeal that continued Friday. . . . That was the day he appeared in County Court No. 3 before visiting Judge Frank Carmona to dispute an associate judge’s temporary order that he pay child support. . . . Unable to afford an attorney, Grace represented himself. Sitting behind Grace was Ricardo Sanchez, a Harris County man who wanted the responsibility state officials were trying to keep on Grace’s shoulders — Sanchez wanted to be declared the child’s father. . . . Sanchez, one of the other two men the woman reportedly had been involved with, had a piece of paper with him to support his claim. The paper contained a genetic test result from a Michigan lab, which found a 99.94 percent chance that Sanchez was the child’s biological father. . . . The third man was unknown to Grace, except for a nickname. . . . Sanchez came to Friday’s hearing armed with evidence showing he had health insurance for the child and had the child listed on his tax statements. He said he wanted the responsibility of being the child’s father. . . . Still, the state pursued its case against Grace, asserting that he waited too long to contest his paternity. Attorney General’s Office spokeswoman Janece Rolfe said she could not comment specifically on the case, but said enforcing state law was the office’s function.


August 12, 2006

Father Files $3 Billion Suit Against State Of Oregon

Alex S. Gabor

What may become a severe blow to the welfare state of Oregon, the father of two minor children who live in Eugene has filed a civil rights lawsuit against the State of Oregon, naming over a dozen of its employees, including Governor Kulongoski, and the three major credit bureaus for civil damages amounting to $3 billion. . . . The civil case pending in California Central District Court, Western Division alleges violations of the father's civil rights, slander, and intentional infliction of emotional distress. . . . The plaintiff is asking for $3 billion in various compensatory, punitive and aggravated damages. . . . It all stems from the Plaintiffs ex wife who filed fraudelent bankruptcies twice in ten years, went on welfare, and embezzled hundreds of thousands of dollars from the Plaintiffs business corporations, caused his businesses to collapse, ruined his public image and business reputation, then lied to the State of Oregon to again collect welfare almost a decade later, according to the suit filed on July 10th, 2006. . . . The suit names the three major credit bureaus, Experian, Transunion, and Equifax alleging that a fraudelent child support claim filed by one of the Defendants ruined the Plaintiffs chances of buying real estate during the hottest market in history.


Respect a Man's Choice, Too

By Jeffery M. Leving and Glenn Sacks

In Kai Ma’s recent AlterNet column “The Difference Between a Womb and a Wallet” (7/26/06) she applauds a U.S. District Court judge’s quick, contemptuous dismissal of Matt Dubay’s “Roe v. Wade for Men” lawsuit. Dubay sought to wipe out the child support payments he is obligated to make to an ex-girlfriend who, he says, used a fallacious claim of infertility to deceive him into getting her pregnant. . . . In opposing “Choice for Men,” Ma asserts that a “woman’s decision to terminate a pregnancy is not the equivalent of a man’s choice to financially opt out of fatherhood.” She cites the pain and discomfort of pregnancy, and the way motherhood “may limit our mobility or careers.” These problems are very real; however, so are the problems created when men are saddled with child support obligations. . . . According to Men’s Health magazine, 100,000 men each year are jailed for alleged nonpayment of child support. Federal Office of Child Support Enforcement data reveal that 70% of those behind on payments earn poverty level wages. The “Most Wanted Deadbeat Dad” lists put out by most states are used both for police actions and to hunt and shame “deadbeats” through newspaper ads and publicity campaigns. These lists are largely comprised of uneducated African-American and Latino men with occupation descriptions like “laborer,” “maintenance man” and “roofer.”


August 8, 2006

The Health of Fatherhood

by Gordon Finley

As we look forward to the quantity and quality of our lives in the 21st century we face an unprecedented challenge. As a nation, it is critical for all men, women, and children to cease denying the silent epidemic of the demise of fathers from the lives of our children and acknowledge the consequences for both children and fathers. Here are the horns of the dilemma we are facing. . . . On the one hand, we have a vast empirical research literature showing that both children and fathers benefit on almost all conceivable outcome indices when they are involved in each others lives as the children are growing up and being guided by their fathers into adulthood and beyond. . . .On the other hand, we have the following widely accepted contemporary demographics: one third of children are born to women who are not married at the time of delivery (and presumably do not have a father involved in the child’s life on a continual basis); 50% of first marriages end in divorce and another 17% end in permanent separation yielding an effective two thirds marital dissolution rate for first marriages; the divorce rate for second and subsequent marriages is about 10% higher; and the cookie-cutter formula used by most states grants physical custody to mothers about 85% of the time with the father being awarded infrequent visitation along with child support and alimony obligations.


August 4, 2006

The Kiss-And-Accuse Capers

By Carey Roberts, NewsWithViews.com

Former New England Patriots linebacker Ted Johnson was one of the lucky ones. . . . On July 16 the three-time Super Bowl player was arrested in Weston, Mass. for assaulting his wife. But last Monday Jackie Johnson came clean: “My husband, I adore him, and, it was my fault. . . . It breaks my heart to think I would be responsible with one emotional, irresponsible call in destroying this beautiful man’s reputation.” . . . Judge Rucker Smith of Sumter County, Georgia can also thank his lucky stars. . . . When he announced his decision to break off a romantic relationship, his girlfriend bit him fiercely on the leg. Then the woman called the police to allege that he had attacked her. On May 5, the jury acquitted the judge of all charges against him. . . . And let’s not forget TV talk show host David Letterman. . . . Last December Colleen Nestler of Santa Fe, NM claimed that Mr. Letterman was using mental telepathy, facial gestures, and televised code words to induce her to move to New York. Judge Daniel Sanchez granted an order directing Mr. Letterman to cease the harassment. The laughable injunction was eventually dropped. . . . But few men have the financial where-with-all of a former NFL player, sitting judge, or media personality. So when they are accused of domestic violence, men often find themselves dragged into a legal machinery that eventually leaves them penniless, disillusioned, and broken. . . . Often the false claims are made during an acrimonious divorce or child custody case.


July 13, 2006

MASSACHUSETTS   

Massachusetts Family Court Judge Banned Book Critical of Her

By Rinaldo Del Gallo, III, Fair Notice: The Author is a Candidate for the Massachusetts Governor’s Council

The rules regarding being a judge in Massachusetts are very short. The second cannon of the Massachusetts Code of Judicial Conduct states that a Judge should avoid impropriety and the appearance of impropriety in all his activities. It also states that a judge should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. The third cannon states that “A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned, including but not limited to instances where: (a) he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.” . . . This said, I was fortunate enough to be e-mailed a book by Mr. Kevin Thompson in PDF format, “Exposing the Corruption in Massachusetts Family Courts.” Mr. Kevin Thompson is a father’s rights activist who wrote about his tribulation in the Essex County Family Court. It would be an understatement to say that Mr. Thompson was not very kind to Judge Manzi. He stated, “She made it clear to me at my initial hearing on May 28, 2003, that in her courtroom fathers are all criminals to be punished and removed from the lives of their children while mothers are all selfless, innocent victims to be pitied and excused from accountability for their actions.”


July 11, 2006

NEW YORK  

N.Y. High Court Says Mistaken Avowal of Fatherhood Imposes an 'Equitable Paternity'

John Caher, New York Law Journal

He who acts like a father, is a father -- if not biologically than at least legally -- the Court of Appeals said Thursday in imposing "equitable paternity" on a man who wrongly assumed he had fathered a girl and acted accordingly. . . . The court in Matter of Shondel J. v. Mark D., 40, upheld the trial court and the Appellate Division, 2nd Department, in ordering a man to pay child support on behalf of a child he did not father. In doing so, it recognized the legislatively endorsed concept of "equity paternity," or paternity by estoppel (see Family Court Act §§ 18 [a] and 532 [a]). . . . Shondel J. centers on a Guyana native who, while living in New York, met a woman in Guyana while visiting family in 1995. After the man, Mark D., returned to New York, the woman, Shondel J., informed him that she was pregnant and carrying his child. . . . Mark did not dispute his paternity. Instead, he helped pay for Shondel's pregnancy, visited the girl he thought was his and made her a beneficiary of his life insurance. He also signed a letter affirming his fatherhood so the child could obtain immigration papers. In 1999, he married another woman, and they have children.


July 10, 2006

Cal. Spousal Rape Bill Will Harm Innocent Men

by Jeffrey Leving and Glenn Sacks, NewsWithViews.com

False accusations of violence or abuse are endemic in family law cases. The California Senate and the Assembly Committee on Public Safety recently approved a misguided bill which will make the problem worse by easing the way for spurious spousal rape allegations to be used against fathers. . . . Victims of spousal rape deserve protection, and current California law provides it. In order for the state to prosecute a spousal rape charge, the accuser need only to have mentioned the violation within a year of its occurrence to any of a wide variety of medical, law enforcement, clerical, legal or psychological personnel, or there must be corroborating, independent, court admissible evidence. . . . SB 1402, sponsored by Senator Sheila Kuehl (D-Los Angeles), eliminates the distinction between spousal rape and other rapes, thus allowing for spousal rape prosecutions six years later, even if there was no mention or independent evidence of the crime in previous years. Under SB 1402, when aggravated spousal rape is alleged, there would be no statute of limitations. . . . In family law proceedings there are a multitude of important and emotionally-charged issues which are often contested and re-contested over many years. These include: legal and physical custody; child support; alimony; division of marital assets; liability for legal, health care and child care expenses; requests for relocation; and others. False accusations often allow accusers to gain leverage in these proceedings.


MICHIGAN

State attorney: Men cannot decline fatherhood

A state attorney is asking a judge to dismiss a lawsuit filed by a men's rights group on behalf of a man who is declining fatherhood. . . . Assistant Attorney General Joel McGormley says the 25-year-old Matt Dubay has a financial obligation to support his daughter. . . . U-S District Judge David Lawson says he will take the case under advisement and issue a ruling later. . . . The National Center for Men filed the lawsuit in March on behalf Dubay, who was ordered to pay five hundred dollars in monthly child support for his ex-girlfriend's daughter.


June 28, 2006

MASSACHUSETTS

Court releases 'deadbeat dad'

One of the state's most wanted deadbeat fathers was found innocent yesterday of felony charges for failing to pay child support. . . . William J. Christian, 57, a former Springfield man who was No. 9 on the state Department of Revenue's top 10 "deadbeat dads" poster, walked free yesterday after being held for four months at the Hampden County Correctional Center in Ludlow following his arrest in February in South Carolina. . . . Springfield District Court Judge James B. McElroy found Christian innocent of willfully failing to pay child support and leaving the state without making arrangements to pay child support.


NEW YORK

Message proves unsettling

One of the Capitol's best-known father's rights advocates found himself under investigation after he circulated a news story about the shooting of a judge. . . . Assembly Speaker Sheldon Silver's office said it couldn't discuss matters under investigation. State Police could not immediately provide details this weekend. . . . Randy Dickinson, vice president of the Coalition of Fathers and Families New York, said he sent an e-mail out to legislators earlier this month. It contained an Associated Press story about the June 12 shooting by a sniper of a Nevada family court judge. . . . According to published reports, Darren Mack, 45, allegedly stabbed and killed his estranged wife and shot Washoe County Family Court Judge Chuck Weller, who had been handling their divorce case. Mack surrendered to authorities Thursday in Mexico. . . . Dickinson also attached a quote from John F. Kennedy: "Those who make peaceful revolution impossible will make violent revolution inevitable." . . . According to Dickinson, someone apparently took the missive as a threat and Silver's counsel, Dan Conviser, contacted State Police.


June 21, 2006

KENTUCKY  

Kentucky Supreme Court Upholds Paternity Fraud Verdict

Case Law Development -- Family Law Prof Blog

The Supreme Court of Kentucky split on whether to uphold a trial court’s judgment against a mother for fraudulent misrepresentation of her husband’s paternity of their 13-year-old daughter.  Wife had been having an affair when daughter was conceived, but convinced Husband that she had been faithful.  When daughter was 13, Wife disclosed to Husband that the child was the product of an extramarital affair with a former boyfriend, which she had confirmed when her former boyfriend underwent a  DNA paternity test.  Husband then obtained a termination of child support obligations from the circuit court and sued Wife for fraudulent misrepresentation of the paternity of the child to him. The jury found Wife guilty of fraud and awarded Husband $ 54,720.26 in damages (representing the prior five years of child support). The Court of Appeals reversed the jury verdict. The Supreme Court upheld the jury verdict, finding that this was “nothing more than ordinary fraud.”  The court distinguished cases involving excess child support payments made by judicial error in which courts had determined that restitution of the excess payments is inappropriate unless there exists an accumulation of benefits not consumed for support.  The court opined that “Such considerations are appropriate in those cases because the spouses are the parents of the child receiving support. However, in the case of fraud and misrepresentation of expenses to the spouse, the court has ordered restitution, albeit with considerations to limit the rate of payment in order to prevent detriment to the child(ren) supported.”

Denzik v. Candy Denzik, 2004-SC-1131-DG, 2006 Ky. LEXIS 166 (June 15, 2006)
Opinion on the web


NORTH CAROLINA  

Court rules father should lose rights despite mother's lies

After two separated, she told him baby had died

The Associated Press

A biological father should lose his parental rights because he did not establish himself as a caregiver, even though the mother deceived the man by claiming that she had a miscarriage, the state Court of Appeals ruled yesterday. . . . Pernell Ingram argued that he had provided sufficient care to the mother to qualify as the legal father of a child born out of wedlock. Ingram, of Newton Grove, said he had provided "consistent care" by frequently caring for the mother's other two children while she was pregnant and by joining her at prenatal medical appointments. While he did not provide financial support, Ingram pursued a new job and bought a bigger car to prepare for a child. . . . Ingram also testified that he and the mother planned to marry and even discussed names for their prospective child. But after deciding against marriage, the two separated, although Ingram kept in contact and insisted that he would like to care for the baby.


June 12, 2006

Why Dads Became Stigmatized

By Betty Freauf, NewsWithViews.com

Father’s day is just around the corner and time to reflect on what used to be compared to what is today. . . . Someone wrote to Ann Landers in June 1987 reprinting a nostalgic gem that appeared in the Danbury (Conn.) News-Times about how fathers evolve. It went like this:

At 4 years my Daddy can do anything.

At 7 years my Dad knows a lot, a whole lot.

At 8 years my Father doesn’t know quite everything.

At 12 years, oh well, naturally Father doesn’t know that either.

At 14 years, Father? Hopelessly old-fashioned.

At 21 years, Oh, that man is out of date. What did you expect?

At 25 years, He knows a little bit about it, but not much.

At 30 years, Maybe we ought to find out what Dad thinks.

At 35 years, A little patience, Let’s get Dad’s assessment before we do anything.

At 50 years, I wonder what Dad would have thought about that. He was pretty smart.

At 60 years, my Dad knew absolutely everything!

At 65 Years, I’d give anything if Dad were here so I could talk this over with him. I really miss that man.

And then there was this jewel in Annie’s Mailbox from our 5/21/2006 newspaper from a retired naval officer who said two weeks ago his 16-year-old daughter had a date with a young man he’d never met. His wife, a teacher at the school, said he was a good kid. . . . When the young man showed up to get his daughter, he sat in the car and honked the horn. (Strike 1 against him). The father went out and told the boy she was not ready and that he should come in the house. He did, and then proceeded to call his wife by her first name (Strike 2) When he tried the same with old dad, the young man was sternly told to call him “Sir.” And finally when the daughter appeared, the young boy blurted out, “It’s about time” (Strike 3) and old dad blew his stack. His daughter cried and his wife has not spoken to him and now he wants Annie to tell him if he was wrong.


WEST VIRGINIA   

Supreme Court backs help for 'pro se' plaintiffs

By Steve Korris - Statehouse Bureau

Douglas Cottrill could have overturned a $9,504.25 child support order with no help from an attorney, if he had known about the statute of limitations. . . . Now the West Virginia Supreme Court of Appeals has cancelled Cottrill's debt, ruling that Harrison County Circuit Judge Thomas Bedell should have accommodated his lack of legal expertise. . . . Under the state Constitution, "the right of self representation in civil proceedings is a fundamental right ..." . . . Still, those who appear "pro se" -- for self -- run a risk of missing legal points on which they might have prevailed. . . . Twenty years ago the Supreme Court of Appeals held that a trial court must "strive to insure that no person's cause or defense is defeated solely by reason of their unfamiliarity with procedural or evidentiary rules." . . . Cottrill turned into a perfect example.


Article of the week from South Carolina Lawyers Weekly:

Unwed Dad Loses Adoption Dispute Over Meager Support

A biological father's consent to adoption was not required where he avoided his pregnant girlfriend and offered "insubstantial" support of $50, cigarettes, sodas and a few fast food meals, the Appeals Court has ruled.

The father's de minimus contributions and his limited contacts with the unwed mother, especially in the last half of her pregnancy, fell short of the support required by statute to protect his parental rights.

The statutory requirements can be excused if the father shows good faith efforts to assume his parental responsibility, only to be thwarted by the mother. That was not the case, the court said.

Evidence showed the father cut off most contacts with his girlfriend before the birth of their child, even as she tried to reach him. One witness testified the father told her he was "trying to hide out."

The June 5 opinion is Doe v. Roe (South Carolina Lawyers Weekly No. 011-113-06, 24 pages). Judge Ralph King Anderson Jr. wrote the opinion for a unanimous court.

The ruling upholds Spartanburg County Family Court Judge James F. Fraley Jr., who found the father had abdicated his responsibility, making his consent to adoption unnecessary.

The appeals panel also affirmed the trial court's termination of the father's parental rights.

"The significant issue in this case was the court's finding of a de minimus amount when in fact there were some tangible efforts made by the father, at least for part of the pregnancy," said Spartanburg attorney James Fletcher Thompson, who represented the adopting parents.

"What was considered de minimus in this case has in the practice of adoption law given pause to other judges and perhaps to other adoptive families," he told Lawyers Weekly. "If a father simply did a small amount, it sometimes froze the willingness to move forward with an adoption plan."

The court also focused on the father's contributions early on in the pregnancy — and his lack of support towards the end, Thompson said.

"There was a window of time when there was no efforts," he said. "The court specifically stated for the first time that the support needed to be substantial and consistent. So consistency counts."

The ruling also clarifies that the court will look only at the father's pre-birth conduct, Thompson said.

"The father shopped for baby items at Target after the birth, but that was given little to no value in the court's analysis," he said.

Facts

Roe, who has been married since April 2000, separated from his wife and moved in with his girlfriend Melanie in March 2004. Melanie soon became pregnant and told Roe. A few weeks after moving in with Melanie, Roe returned to his wife.

Melanie entered drug rehab in June 2004 and stayed there through September. The parties dispute how often Roe visited her during that time. Testimony indicated it was as few as six times and as many as 13.

Roe gave her about $50 in cash, brought her cigarettes and sodas, and took her out to eat twice at Subway and once at KFC.

Melanie said the visits stopped about a month before she left rehab. According to the opinion, she attempted unsuccessfully to contact Roe by phone on several occasions.

"The evidence does suggest that Roe hid from Melanie," according to the opinion. Except for one or two chance encounters, and one 15-minute visit, the two had no contact.

Melanie gave birth to a boy on Jan. 19, 2005 and executed a consent for adoption form on Jan. 20, 2005. The adoptive parents, Jane and John Doe, filed for adoption of the boy on Jan. 24, 2005.

On Feb. 12, 2005, after learning of the Does' adoption suit, Roe went to Target and bought blankets, a diaper bag and pacifiers.

However, Judge Fraley approved the adoption, ruling Roe had abdicated his responsibility to Melanie and his unborn child, meaning his consent to the adoption was not required. Judge Fraley also terminated Roe's parental rights.

Roe appealed.

Ruling

The U.S. Supreme Court has recognized an unwed father's relationship with his child may be entitled to constitutional protection. However, that is not automatic. The father must first "demonstrate a full commitment to the responsibilities of parenthood by coming forward to participate in the rearing of his child."

S.C. Code Ann. Sect. 20-7-1690 reflects those constitutional considerations. It states the unwed father's consent to adoption is required "if the child was placed with the prospective adoptive parents six months or less after the child's birth." One condition under the statute: the father must have "paid a fair and reasonable sum, based on the father's financial ability, for the support of the child or for expenses incurred in connection with the mother's pregnancy or with the birth of the child…."

A 1993 Supreme Court case, Abernathy v. Baby Boy, 313 S.C. 27, 437 S.E.2d 25, held even when the statutory requirements are not strictly met, the father "may nonetheless be afforded constitutional protection when he undertakes sufficient prompt and good faith efforts to assume parental responsibility and to comply with the statute."

The Abernathy court found the father made good faith efforts to support his child, giving his child's mother use of a car and bank account, only to have the mother rebuff his advances and reject his offer of marriage.

That was distinguishable from the facts in Roe, Judge Anderson wrote.

"Roe's contributions to Melanie were too insubstantial to be of consequence," he said. "During the last half of Melanie's pregnancy Roe saw her for only 15 minutes and contributed nothing to her except a pillow. Melanie never rebuffed his advances or otherwise demonstrated a disinterest in having Roe involved and supportive during the pregnancy.

"Whereas the father in Abernathy 'timely demonstrated a willingness to develop a full custodial relationship with his child,' Roe failed to evince a commitment to the child deserving of protection," Judge Anderson wrote.

"Roe simply failed to meet the 'general minimum standards by which an unwed father timely may demonstrate his commitment to the child, and his desire to grasp the opportunity to assume full responsibility for his child," the court said.


June 7, 2006

Procedurally Defeated: Law Without Laws

Everyday brings a new ream of tragic stories of fathers being wrongfully torn from their children’s lives. This is usually attributed to the agenda of groups supporting radical ideologies. But I felt there had to be more to the story than just that since it is happening to mothers too, although not as often as to fathers. The answer is, follow the money.. . . Recently our organization had both the pleasure and misfortune of getting some national exposure on some of the surveys and interviews that we have been conducting. The surveys and interviews were dealing with various abuses of our legal system, most notably false allegations of domestic violence.. . . Through our in person surveys of plaintiffs in domestic violence cases we have discovered a significant level of premeditated false claims of domestic violence. Subsequently, current Family Court Judges have corroborated our survey findings. They acknowledge pervasive levels of false claims not only exist, but law firms, including Legal Services Corporation (LSC) grant recipients, are knowing participants that are scripting statements for their clients in these cases. They also expressed concern over the reluctance of their county’s District Attorney’s Office to prosecute these false claims. . . . Within hours of the article’s release victims of legal system abuses requesting assistance and to have their cases included in our research inundated our offices with contacts. In the following two weeks, we received the details of over four-thousand cases of blatant gender based discrimination against men and other civil rights violations against both men and women.

 Legal Services Corporation latest Annual Report


The Modern Day Debtor’s Prison for Dads

Think “debtor’s prison” and the mind automatically reels back to the 19th Century and the horrors depicted so powerfully by Charles Dickens. Indeed, even the idea of debtor’s prison is apt to strike modern minds as primitive at its base since how is someone in prison supposed to get the funds to pay off a debt? Debtor’s prison seems barbaric since it can criminalize poverty. It is easy for we moderns to congratulate ourselves on coming out of the confused and confusing worldview that led to something as brutal and counterproductive as debtor’s prison. . . . Except that debtor’s prison is in fact alive and sick and politically popular in contemporary America. It is known as a crackdown on “deadbeat dads.” Indeed, the common alliterative term “deadbeat dads’ is used because much of our child support system is built upon a single model of a non-custodial parent in arrears, that of the feckless, irresponsible father. That stereotype was not woven out of whole cloth as there are indeed men who father children, could easily support them, and simply choose to avoid their obligations.


May 24, 2006

MONTANA

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Note: Interesting comments to the following story . . . click headline to read entire article and then go further down the page to read the comments.

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Judge orders prison time for not paying child support

A federal judge here has sentenced am Alabama man to six months in prison for failing to pay child support for nearly a decade, chastising the father for spending money that should have gone to support his son. . . . The attorney for Roman Glenn, 35, had requested his client receive only a probationary sentence so he could continue to work and pay his child support. In court Tuesday, Glenn noted that he has now paid $16,900 and was ready to pay the remaining $944. . . . U.S. District Judge Charles Lovell, however, was not moved, saying Glenn had moved and changed jobs to avoid paying the $304 monthly child-support for nearly a decade. . . . "You seem to have a great deal of ability. You seem to be very intelligent. You have had some very responsible jobs. You also have a history of leaving any job that you have after a fairly short time," Lovell told Glenn. "And now you come in, finally, at the time for sentence and you tell me you have paid this child support, which goes back for a period of almost 10 years.


May 16, 2006

Domestic violence law abuses rights of men

In January, President George W. Bush signed the reauthorization of the Violence Against Women Act without public debate, even though evidence has surfaced that Congress should have examined it before the law was extended. . . . The act, which costs nearly $1 billion per year, is one of the major ways former President Bill Clinton bought the support of radical feminists. . . . Why Republicans passed this bill is a mystery. It's unlikely that the feminists who will spend all that money will ever vote Republican. . . . Passage of the Violence Against Women Act was a major priority of the American Bar Association for whose members it is a cash cow. More than 300 courts have implemented specialized docket processes to address the cases stemming from the act, more than 1 million women have obtained protection orders from the courts, and more than 660 new state laws pertaining to domestic violence have been passed, all of which produce profitable work for lawyers. . . . A recently issued ABA document called “Tool for Attorneys” provides lawyers with a list of suggestive questions to encourage their clients to make domestic-violence charges. Knowing that a woman can get a restraining order against the father of her children in an ex parte proceeding without any evidence, and that she will never be punished for lying, domestic-violence accusations have become a major tactic for securing sole child custody.


NEW YORK

Proof of Viagra Use Rebuts Wife's Claim of Abandonment

In New York, a state that requires aspiring divorcees to prove grounds -- and that also provides ample economic incentive for their spouses to contest those grounds -- defendants in divorce proceedings can find themselves needing to establish that they have not constructively abandoned their partners by denying them sex for over a year. . . . But how?  . . . For one Westchester, N.Y., man, the proof was in the pill box: G.W. elicited as evidence of his and his wife C.W.'s lovemaking his physician's testimony that he had taken Viagra and, purportedly, that it had worked. . . . Mr. W. also offered up as proof his 10-pill prescription for the erectile-dysfunction medication, which had only eight pills remaining. . . . "While the parties' conflicting testimony creates a credibility issue to be resolved by this Court, there is other evidence to which the Court may turn," Westchester Supreme Court Justice William J. Giacomo ruled in C.W. v. G.W., 01112/05.


May 12, 2006

Suffering Patriarchy

An Analytical Exploration into the Promise of the Forbidden Planet

By Robert Lindsay; Cheney Jr. Author

Fathers Rights / Political Science / Sociology / Misandry

[FIRST DRAFT] This book is a Free Public Domain publication, placed here to help Fathers and those scholars seeking to understand the present Aparthied being inflicted against American Males and especially, the Institution of Fatherhood. Please freely disseminate and publicize this work that will remain in the public domain. Fathers, who need to fight this system, will be armed with the facts and figures which are applicable to this war against them. Those so armed, will be able to enforce their rights as Fathers, to their own children, and defeat those working against Fatherhood. Author's information has been catalogued after many years of study of this Domestic Enemy which invents Fatherhood into a crime, and inflicts a needless war against them in which to obtain money, power, and the ability to usurp and overthrow the foundation of our free society: The American Home and Family.


A man's right to choose

This is Joe's sperm. It contains his genetic material. When joined with an egg, it can produce offspring--as well as certain legal responsibilities. Does Joe have any say in all this? . . . EARLIER THIS MONTH, a 25-year-old Michigan computer programmer named Matthew Dubay sued in federal court to avoid paying child support for his 7-month-old daughter. The girl's mother, he alleges, had claimed to be both infertile and on birth control, and he had made it clear all along that he didn't want children. The resulting pregnancy, as he saw it, was simply not his fault, and the child not in any way his responsibility. . . . It's a common enough situation, but the National Center for Men, a New York-based advocacy group that is coordinating and paying for the lawsuit, claims to have waited years for a plaintiff as compelling as Dubay. The Center has labeled (and, incidentally, trademarked) the case ''Roe v. Wade for Men." . . . Around the same time, the European Court of Human Rights unanimously ruled that a woman could not implant embryos created in a course of in vitro fertilization if the man involved did not want her to. The painful particulars of the case have made it front-page news in England, where the couple is from. The plaintiff, a young woman named Natallie Evans, had undergone IVF with her fiance before being rendered infertile by treatment for ovarian cancer, and if she isn't able to reverse the court's decision by October, the embryos will expire and she will lose her last chance to have biological children.


Unwed Fathers Fight for Babies Placed for Adoption by Mothers

By Tamar Lewin

Jeremiah Clayton Jones discovered that his former fiancée was pregnant just three weeks before the baby was due, when an adoption-agency lawyer called and asked if he would consent to have his baby adopted. . . .

 

Jeff Topping for The New York Times

 

Jeremiah Clayton Jones, who failed to file with a state registry for unwed fathers, is appealing the termination of his parental rights. . . . "I said absolutely not," said Mr. Jones, a 23-year-old Arizona man who met his ex-fiancée at Pensacola Christian College in Florida. "It was an awkward moment, hearing for the first time that I would be a father, and then right away being told, 'We want to take your kid away.' But I knew that if I was having a baby, I wanted that baby." . . . Mr. Jones has never seen his son, now 18 months old. Instead, he lost his parental rights because of his failure to file with a state registry for unwed fathers — something he learned of only after it was too late. . . . Under Florida law, and that of other states, an unmarried father has no right to withhold consent for adoption unless he has registered with the state putative father registry before an adoption petition is filed. Mr. Jones missed the deadline. . . . Although one in every three American babies has unwed parents, birth fathers' rights remain an unsettled area, a delicate balancing act between the importance of biological ties and the undisrupted placement of babies whose mothers relinquish them for adoption. . . . While women have the right to get an abortion, or to have and raise a child, without informing the father, courts have increasingly found that when birth mothers choose adoption, fathers who have shown a desire for involvement have rights, too.


ARKANSAS

Supreme Court upholds adoption
Natural Father has no rights in Arkansas.

By Rob Moritz, Arkansas News Bureau
A woman who has had no contact with the father of her baby since the night the child was conceived does not have to notify the father or receive his consent before putting the baby up for adoption, the Arkansas Supreme Court said Thursday. . . . The 6-1 ruling affirmed a decision by Washington County Circuit Judge Michael H. Mashburn. . . . According to Thursday's high court decision, Rusty Wayne Escobedo and Misty Ford had a brief romantic relationship in March 2004. Escobedo and Ford did not talk after that encounter, and he was not aware that she became pregnant. . . . On Dec. 3, 2004, Ford gave birth to a baby girl, relinquished her paternal rights and consented to the child's adoption by Mark and Jennifer Nickita. Two weeks earlier, the couple had filed a petition for adoption. The petition said the father was unknown. . . . On Dec. 14, 2004, Escobedo was served a summons and petition for adoption. Two days later he appeared at an adoption hearing and a DNA test was administered.


Federal Incentives Make Children Fatherless

by Phyllis Schlafly

Why has Congress appropriated taxpayers' money to give perverse incentives that break up families and deprive children of their fathers? The built-in financial incentives in the current child-support system have expanded the tragedy of fatherless children from the welfare class to millions of non-welfare divorced couples.

Americans have finally realized that providing generous welfare through Aid to Families with Dependent Children (AFDC) was counterproductive because the father had to disappear in order for the mother to receive taxpayer-paid benefits. Fathers left the home, illegitimacy rose in alarming numbers, and children were worse off.

AFDC provided a taxpayer-paid financial incentive to reward girls with their own monthly check, food stamps, health care and housing if they have an illegitimate baby. "She doesn't need me, she's got welfare" became the mantra.

Congress tried to reform the out-of-control welfare system by a series of child-support laws passed in 1975, 1984, 1988, 1996 (the famous Republican Welfare Reform), and 1999. Unfortunately, these laws morphed the welfare system into a massive middle-class child-support system that deprives millions of children of fathers who never abandoned them.

As Ronald Reagan often said, "The most terrifying words in the English language are: "I'm from the government and I'm here to help you."

People think that child-support enforcement benefits children, but it doesn't. When welfare agencies collect child support, the money actually goes to the government to reimburse for welfare payments already given to mothers, supposedly to reduce the federal budget (which, of course, is never reduced).

In 1984, Congress passed the Child Support Enforcement Amendment which required the states to adopt voluntary guidelines for child-support payments. In 1988, Congress passed the Family Support Act, which made the guidelines mandatory, along with criminal enforcement, and gave the states less than a year to comply.

The majority of states quickly adopted the model guidelines conveniently already written by an HHS consultant who was president of what was shortly to become one of the nation's largest private collection companies making its profits on the onerous guidelines that create arrearages.

The 1988 law extended the guidelines to ALL child-support orders, even though the big majority of those families never had to interact with government in order to pay or receive child support. This massive expansion of federal control over private lives uses a Federal Case Registry to exercise surveillance over 19 million citizens whether or not they are behind in child-support payments.

The states collect the child-support money and deposit it in a state fund, but the federal government pays most of the administrative costs and, therefore, dictates the way the system operates through mandates and financial incentives. The federal government pays 66 percent of the states' administrative overhead costs, 80 percent of computer and technology-enhancement costs, and 90 percent of DNA testing for paternity.

In addition, the states share in a nearly-half-billion-dollar incentive reward pool based on whatever the state collects. The states can get a waiver to spend this bonus money anyway they choose.

However, most of the child support owed by welfare-class fathers is uncollectible. Most are either unemployed or earn less than $10,000 per year.

So, in order to cash in on federal bonus money, build their bureaucracies and brag about successful child-support enforcement, the states began bringing into the government system middle-class fathers with jobs who were never (and probably would never be) on welfare. These non-welfare families have grown to 83 percent of child-support cases and 92 percent of the money collected, creating a windfall of federal money flowing to the states.

The federal incentives drive the system. The more divorces, and the higher the child-support guidelines are set and enforced (no matter how unreasonable), the more money the state bureaucracy collects from the feds.

Follow the money. The less time that non-custodial parents (usually fathers) are permitted to be with their children, the more child support they must pay into the state fund, and the higher the federal bonus to the states for collecting the money.

The states have powerful incentives to separate fathers from their children, to give near-total custody to mothers, to maintain the fathers' high-level support obligations even if their income is drastically reduced, and to hang onto the father's payments as long as possible before paying them out to the mothers. The General Accounting Office reported that in 2002 states were holding $657 million in UDC (Undistributed Child Support).

Fatherless boys are 63 percent more likely to run away and 37 percent more likely to abuse drugs, and fatherless girls are twice as likely to get pregnant and 53 percent more likely to commit suicide. Fatherless boys and girls are twice as likely to drop out of high school twice as likely to end up in jail.

We can no longer ignore how taxpayers' money is incentivizing divorce and creating fatherless children. Nor can we ignore the government's complicity in the predictable social costs that result from more than 17 million children growing up without their fathers.

Phyllis Schlafly's column on Eagle Forum, Org. http://www.eagleforum.org/column/2005/may05/05-05-11.html

Schlafly's articles on Victims-of-Law


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"That is the thankless position of the father in the family-the provider for all. and the enemy of all."
--
J. August Strindberg, Swedish writer--

 "A father is a banker provided by nature."
-- French Proverb--

 " I cannot think of any need in childhood as strong as the need for a father's protection."
-- Sigmond Freud--

 "A father is a guy who has snapshots in his wallet where his money used to be."
 -- unknown --

 "It is easier for a father to have children than for children to have a real father."
-- Pope John XXIII--

 "A truly rich man is one whose children run into his arms when his hands are empty."
-- Author Unknown --

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Updated: 09/26/2010