6 posts tagged “parental rights”
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Pro Se means "on one's own behalf." A 1991 American Bar Association study of self-represented litigants showed:
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www.stopfamilyviolence.org/349
by Sarah Childress
Published on September 25, 2006 by Newsweek
Why Parents Who Batter Win Custody
by Sarah Childress
It took
six years for Genia Shockome to gather the courage to leave her
husband, Tim. He pushed her, kicked her and insulted her almost from
the moment they married in 1994, she says. She tried to start over with
their children when the family moved from Texas to Poughkeepsie, N.Y.
It didn't last long. Tim called her constantly at work and, after they
split up, pounded on her door and screamed obscenities, she alleged in
a complaint filed in 2001. Tim was charged with harassment. As part of
a plea deal, Tim agreed to a stay-away order—but denies ever abusing
her or the children. In custody hearings over the past six years, Tim
has insisted that he's been a good father, and argued that Genia's
allegations poisoned their children against him. The judge sided with
Tim. This summer he was granted full custody of the kids, now 11 and 9.
Genia was barred from contacting them.
Genia is
one of many parents nationwide who have lost custody due to a
controversial concept known as parental alienation. Under the theory,
children fear or reject one parent because they have been corrupted or
coached to lie by the other. Parental alienation is now the leading
defense for parents accused of abuse in custody cases, according to
domestic-violence advocates. And it's working. The few current studies
done on the subject consider only small samples. But according to one
2004 survey in Massachusetts by Harvard's Jay Silverman, 54 percent of
custody cases involving documented spousal abuse were decided in favor
of the alleged batterers. Parental alienation was used as an argument
in nearly every case.
This
year the National Council of Juvenile and Family Court Judges denounced
the theory as "junk science," and at least four states have passed
legislation to curtail its use in custody cases involving allegations
of domestic violence. "It's really been a cancer in the family courts,"
says Richard Ducote, an attorney in Pittsburgh who has represented
abuse victims in custody cases for 22 years. "It's made it really
difficult for parents to protect their kids. If you ask for protection,
you're deemed a vindictive, alienating parent."
It may
seem hard to fathom how a judge could award custody to a parent accused
of abuse. But battered spouses often don't file criminal charges—so no
judicial finding is made against their mates—and family-court judges
typically aren't trained to referee the complexities of abusive
relationships. (Although men are sometimes battered by their wives,
women are the victims in the majority of abuse cases.) Judges often
throw out documented evidence of spousal abuse, arguing that it is
irrelevant in a custody case. And experts say that family-court judges
often look favorably on the alleged abuser because he seems more
willing to share custody than the accuser—who is hellbent on keeping
the father away from the child. According to a survey by Geraldine
Stahly, a psychology professor at California State University at San
Bernardino, attorneys will caution battered spouses against reporting
abuse in court so they don't lose their children. (Stahly and other
academics say the parental-alienation argument has more legitimacy in
custody disputes that don't involve charges of abuse.)
Parental-alienation
syndrome was first introduced by child psychiatrist Richard Gardner in
the 1980s. Fathers-rights groups picked up on the idea and began trying
it out in court. These groups condemn abusers. But Dan Hogan, executive
director of Fathers & Families, a nonprofit group that advocates
for joint custody, argues that all too often the accusers lie in order
to win custody of their kids.
There's
a small but growing movement to ban parental alienation in custody
cases, sparked by embattled parents bonding online. They've linked with
lawyers and advocates for battered spouses across the country. At least
four states, including California, have laws protecting parents who
make good-faith abuse allegations. Others may soon follow their lead.
Greg Jacob, an attorney who takes cases for abused parents pro bono, is
drafting legislation to shop to Virginia and Maryland next month.
Meanwhile, parents like Genia keep fighting. "It's so hard, having my
children lost," she says, her voice breaking. "This was my life—my
children."
http://www.thepetitionsite.com/5/in-support-of-lisa-and-bella-smith-2
This petition is in support of returning Bella Smith, to her mother,
Lisa Smith. Where she legally belongs. Children can not be stolen from
their homes with out trials and proof of real harm.
Bella was
removed from her home without probable cause or a warrant. There were
no reports of harm against the mother. Bella was taken by a Knox County
Juvenile Case Manager, Stacey Turpin. Ms. Turpin said she had a warrant
and did not. She removed the child out of anger. Once the child was
removed, she was given to an abusive, violent father, who had been out
of Bella's life, by his choice for more than a year. The father has
committed several violent acts against the mother and other women, this
is all documented in police records. The Juvenile Court has failed to
provide the child with a safe environment. She has not had proper,
continued medical attention or insurance. The father has testified in 3
Courts, under oath, that he does not give the child medicines
prescribed by her Doctor. Yet, the Juvenile Court refuses to
acknowledge this medical neglect. The guardian ad litem, Joseph
Della-Rodolfa, never met or attempted to meet with Bella & Lisa.
Yet he met with the father several times, he recommended to the court,
Bella stay with him, based on absolutely nothing. GAL's are to ensure
what's in the child's best interest. Not there own or what is most
convenient for them. He has failed to protect Bella also, both
physically and medically.
There must be due process, fair and equal
treatment, and protection of Constitutional Rights, in children's
cases. No one has attempted to reunite Bella with her Mother.
It
sends a negative message to society and battered women, when the State
chooses to prosecute women for rightfully protecting their children.
This
child has been to Dr. and ER more than 42 in a year and a half, her
bruises, marks, and scratches have all been documented and
photographed. The child her self has stated several times, her "daddy
whipped her butt, with the switch". No one has done anything to protect
this child, and they have allowed the father to make continuous
accusations and harass Ms. Smith's family. There has not even been an
attempt to re unite Bella with her Mother.
We ask you, Judge
Swann, the State of TN, the prosecutor, Leland Price, who seeks to
punish Ms. Smith, to look at the facts and the law, to see the fraud
that has been committed and correct it. TN has had a long, negative
history in The Children's Services area, we ask that you not allow
Bella to become another statistic.
Do not continue with this case,
allow Ms. Smith to regain the rightful custody of Bella, and return her
home, where she can be safe and loved, and most important, where she
wants to be. Little girls need their Mothers.
Regards,
Tell Congress to give equal benefits to the domestic partners of federal employees.
Michael Guest, a well-respected and committed public servant, had risen to a top position in the Foreign Service. The first openly gay American to be confirmed by the U.S. Senate as an overseas Ambassador, Guest left his prestigious post – and the career he loved – because of the State Department's second-class treatment of his partner.
Our nation has lost countless talented public servants like Michael because it doesn't give their same-sex partners equal benefits and protections.
But there's a bill in Congress that would help our government catch up to the private sector – and make sure GLBT Americans can serve their country proudly, at home and abroad.
For Michael Guest, it wasn't just the basic indignities, like the government's insistence that he and his partner pack for Romania in separate suitcases. The discrimination he experienced extended to graver matters: even in the immediate wake of 9/11, Guest's partner was unable to receive security training (to know how to recognize a terrorist threat or intelligence trap). Nor was he entitled to evacuation in the event of hostilities.
Upon his retirement from the Foreign Service in December, Michael lamented being forced to choose between his family and service to his country. "That anyone should have to make that choice," he said, "is a stain on...[our] leadership and a shame for this institution and our country."
Erasing that stain would be both the right thing and the smart thing to do. Nearly 10,000 private companies, including more than half of the Fortune 500, offer benefits to their employees' domestic partners. Because they know that it helps them compete for the most talented and qualified employees.
The business community gets it; why doesn't our government?
Tell your elected leaders that patriotic GLBT Americans demand no more for their families than the basic benefits and protections afforded to different-sex spouses.
Send a strong message to your lawmakers to support and co-sponsor the Domestic Partnership Benefits and Obligations Act. Your Members of Congress are federal employees too. Ask them if it would be fair if their families couldn't get basic benefits and protections.
Congress will respond once there is a groundswell of support. So spread the word. Tell your friends about this critically important bill, and ask them to join you in the fight for domestic partnership rights.
Warmly,
Joe Solmonese
President
P.S. Here's an update on Oklahoma lawmaker Sally Kern's anti-gay comments, which we told you about last week. More than 50,000 HRC supporters have written letters. Two rallies are planned for tomorrow. HRC has helped bring GLBT voices into the debate in the local media. And Rep. Kern still has not apologized. If you haven't yet, please take action and tell your friends – help us keep up the pressure!
Having trouble clicking on the links above? Simply copy and paste this URL into your browser's address bar to take action today: http://www.hrcactioncenter.org/campaign/fed_dp_benefits
Ok friends, Court date has been reset again. Looks like I am going to go at it alone, Forgive me if I dont say too much, snoops you know?
I
am trying to get publicity, so these people know others are watching. I
guess you can say Im going to step out there and do the damn thing.
Hopefully, I will get Bella home and set out a format others can use to
get their kids. I think we have been going about this the wrong way. We
are disjointed and separated, we need to all be together, signing
petitions, making calls, and writing local media of each person that is
involved. What I am saying is instead of just talking and supporting
each other on here, we need to share info and work together, a few
cases at a time. Depending on who has what going on in theior court
cases. Sound good? and I mean this, if you aren't going to work to help
another in the group dont bother, some will need to write letters, some
can look up info, laws or adddresses to each States media and elected
officials to contact.
Whadda ya say are you in?
Contact me and say it "IM IN" and lets get to work.
first off here is a link o our local news station, Bellas picture is there, I suggest you do the same in your local media, I want everyone to go there and post a comment about the "system". Eventually they will see all the hits and do a story.
http://knoxville.wate.com/gallery/displayimage.php?album=lastup&cat=0&pos=7
you have to register, but its quick. The good thing is TN is having alot of trouble with CPS and we need to strike while its hot, cause its cooling FAST.
Second, the petition is reopened, so if you have signed it, your job is to post it 2 other places.
http://www.thepetitionsite.com/5/in-support-of-lisa-and-bella-smith-2
I also suggest you go here and write your own petition, if you need help holler.
They are effective if you get them signed and keep them updated, Name names in them, be specific,
http://www.thepetitionsite.com/
Ok that it, this shit is serious, if you want help then you have to help others, we can do this together.
ps
feel free to copy and or share anything I post.
MURFREESBORO, Tenn. - Imagine being told you owe $50,000 in child support for children that aren't yours.
That's what's happening to a Arrestor man.
The Tennessee Department of Human Services has thousands of names of parents that owe child support. One of those names is Dennis Joe Brannon.
No one knows where he lives, but the state does know where Dennis K. Brannon lives.
They apparently want him pay for the other guy's children.
"I've been married happily over 21 years and it's just not possible that I've got kids in another county," said Dennis K. Brannon of Murfreesboro.
Brannon has letters from the state demanding he pay child support.
"It's in the sum of $50,000," he said as he looked at the latest letter.
The letter came from the Attorney General's office in Huntsville, Tenn., which is northeast of Knoxville.
The state is looking for Dennis Joe Brannon, but Dennis K. Brannon is receiving the threatening letters.
Initially, Brannon and his wife thought the mix-up was funny.
"We kind of made a running joke about this, but then it gets aggravating after awhile," he said. "After two or three years, it's time to get it straightened out."
He claims he's called several times.
"Well I'm sure if he's been in contact with our office, we would do whatever we needed to do to rectify the situation and make sure we have the right person," said Lori Jones, Assistant District Attorney of Child Support Division.
That isn't the case, Brannon said.
"They told me I'd have to come up there and do a DNA test and prove I'm not the father of these children," he said.
Why doesn't he just give the state his Social Security number and clear up the entire matter?
"I did give them the last 4 digits of my Social Security number and they asked several times for my whole Social Security number," he said. "But for obvious reasons, I'm not going to give it. It'd be easy for them to change those numbers and say there, we got him."
To make matters worse, he has three children ages 21, 17 and 14 and the Dennis Brannon sought by the state for child support has two children ages 16 and 14.
Several similarities have made for a child support mix-up a Murfreesboro family now wants resolved.
A DHS spokesperson said the state is investigating and if a problem has been made, it will be resolved.
The state is also concerned that the two children involved in this case apparently are not receiving the support they're owed. DHS said the children's welfare is their No. 1 concern.
NewsChannel 5.com Nashville, Tennessee - Man Involved In ID Mix-Up Over Child Support
