Posts Tagged ‘Fathers’
Fathers Rights When It Comes To A Divorce Proceeding
May 19, 2011
Part 1 of the speech given my Minister Smith on equal parenting and CPS abuse by the family court.
Video Rating: 5 / 5
Article by Lisa
Many decades ago the father figure of a family had much to worry about if a divorce was in the works.
Arranging child support payments to his spouse was just the beginning to the chaos.
In addition, the father had to resign himself to being the “weekends only” dad who didn’t see his children nearly as often as he would have preferred, as the family law courts would most certainly not deviate from the common practice of placing the children with their mother and giving visitation rights to their father.
Because of the manner in which child custody has been dealt with in previous years, it is thus very easy to get caught up in the view that fathers have fewer rights than mothers when it comes to a divorce proceeding.
Yet in today’s world of family law, the courts only care about what is in the best interests of the minor children when it comes to custody and visitation schedules.
Therefore if it is decided by the family judge that the father has a more stable household than the mother (for whatever the reason), he will be rewarded with primary physical custody where his children will spend a majority of their time with him – a detail which rules out the idea that fathers have limited rights when it comes to a divorce.
Despite the fact that it is usually the father giving the mother support payments in a great majority of divorce cases, there are also plenty of instances where it is the other way around and it is the mother who is responsible for the child support and spousal support disbursement to the father.
And because it is the family law court that has ordered the mother to be paying the father a fixed sum for child support, spousal support, or both, this further proves that the party who’s required to make payments is not determined by gender, but rather by the financial circumstances of each spouse.
Contrary to popular belief, not every divorce involving children includes an order for one parent to provide monetary support to the other.
What kind of divorce situation would pave the way for both spouses to remain self sufficient?
If each parent spends fifty percent of the time with the minor children, and if both spouses gross the same amount of income per month, there is no reason for a family law judge to make child support or spousal support payments a part of the overall divorce proceeding.
As can be seen from the above examples, fathers do indeed have rights when it comes to a divorce, rights that just happen to equal the mother’s in the eyes of the court.
About the Author
The Law Office of David C. Stone, an Orange County divorce lawyer, is a family law firm dedicated to father’s rights. As a California divorce attorney, you will find dedication to keeping your father’s rights, child custody and support, and the interests of your child first.
Denver Family Lawyer Encourages Open Communication about Parenting Rights: “Parenting rights are not awarded on … http://bit.ly/kdzHrI – by twinbeddingsale (Twin Bedding Sale)
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Child Custody ? Strategy Tips for Unwed Fathers to Share Custody
May 16, 2011
Never make the mistake of thinking that Over the Top is just an arm-wrestling picture. Oh, there’s arm wrestling, all right — more arm wrestling than an 8th grade study hall. But there’s also a truck. And a kid. And a whole lot of arm wrestling! And just wait till you hear the shocking secret behind Sylvester Stallone’s signature “turning the hat backward” move. (Hint: it has something to do with arm wrestling!) And there’s arm wrestling! And if you’re really good, maybe there’ll be a Kenny Loggins song at key points in the movie. (And arm wrestling) Mike won’t come out and say it, but by the glint in his eye, we suspect that this just may be the next Road House! Disembaudio co-stars in this arm-wrestlo-rama of a RiffTrax. www.rifftrax.com
Video Rating: 4 / 5
In child custody cases mothers have always had the upper hand. Unwed fathers, on the other hand, have always faced a seemingly insurmountable uphill battle. What chance does an unwed father stand against the argument of the mother-child relationship? If you plan your strategy right, the answer is a very good one.
The problem that unwed fathers have always faced with child custody is that the mother-child relationship has always been treated as sacred and untouchable. In recent years however, the “best interests of the child” has become the yardstick that all decisions are based on. Since this is the yardstick, we need to adjust our thinking to fulfill this mandate.
Let’s begin with the premise that the most important interest of the child is the child’s relationship with their parents. That being the case, the court wants the child to have access to both parents, in so much as it serves the “best interests of the child”.
If parents get along well, communicate easily, and work together to parent the child, then joint legal and physical custody, and near equal visitation are easy to have awarded by the court. Of course if this were the case, you wouldn’t be reading this article because you would already have solved your custody issues. But think about the premise that makes sharing equal time possible in this scenario. The premise is that the parents are not in conflict about raising the child. Since they are not in conflict there is no reason to award sole physical custody or most visitations to one parent.
Now let’s look at the unwed father who is in conflict with the mother. Why would the court award custody or equal visitation to parents who are living in constant battle and turmoil? They wouldn’t because it is NOT in the “best interests of the child”.
You on the other hand have a high conflict relationship with the mother, so where does this leave you, out in the cold unless of course you can provide a low conflict environment for the child. But how do you get a woman who is very willing to be high conflict with you, to be low conflict? The answer is, you don’t need to.
Here is where the strategy comes in. You can take an approach know as “Parallel Parenting”. You need to show the court that you are a parent who is involved in your child’s life and that you have minimal contact with the mother. The only contact you should have with mother should be in writing, email if possible. Share grades, doctor’s notes and any information you get. Don’t respond to any negative emails. Ask the court, if you need to, to create boundaries for both of you that will limit the opportunity for high conflict encounters (contact only by email, no contact on exchanges, etc). Spend time at school, help coach a sports team, host birthday parties. Make sure you are involved.
What you have just created is a drama free zone with rich activities to share time with your child. This is just what the court envisioned. For the court to deny lots of time to a devoted father who has made great efforts to create a great environment from chaos would NOT be in the “best interests of the child”.
This will be the hardest job you will ever undertake, but will be the most rewarding.
Use Fathers Rights To Win Custody |Crucial Methods for Winning Fathers’ Rights for Total Custody}
May 13, 2011
Willona’s new boyfriend, Jeffrey, has been showering her and Penny with extravagant gifts even though they’ve only been seeing one another for a couple months. Little does Willona know, that he is working with Penny’s natural mother, as part of a plan to make Willona look like an unfit mother and lose custody of Penny. *No copyright infringement intended
These days, a lot of fathers are heading to court to try out and win complete physical custody of their children. Despite the fact that custody is no lengthier definitively granted to the mother as it was decades in the past, it is far more difficult for a father to win custody unless of course there is a important concern with the mother’s capacity to parent. If there is not, as a father, you will need to current a rather very good circumstance as to why you will need to have entire custody.
Some of the things the court appears at to decide custody are:
Who has been the most lively in parenting the boy or girl
Who can spend the most time with the youngster
Who can greatest present a stable household for the little one
Who can best meet the child’s physical and emotional needs
Whom the little one needs to dwell with
If you want to win child custody, you will need to exhibit that it is in your child’s very best interest to reside with you, and you need to indicate that you are a capable, accountable, and mature mother or father. There are various items you can do to attain this.
The 1st and most important matter is to be ready to current your circumstance with documented evidence. What this signifies is you want to demonstrate the court that you are taking care of all your child’s demands and paying top quality time with your child. Get pictures of actions you do with your little one, and discover witnesses that can attest to your parenting capabilities and the nurturing romantic relationship you have with your youngster.
A further point to do is to be actively concerned in your child’s daily life. Provide your boy or girl to physicians or dentists appointments. If they are in college, make certain you attend any school meetings that pertain to your youngster. Generally maintain scheduled visits with your kid and contact your youngster on a standard basis.
Often be aware of how you act in court and when you are around your youngster. Custody hearings can carry out the worst in parents. You need to have to be capable to manage your composure in court, no make a difference how difficult it may well be.
Also, you constantly need to have to be conscious of what you say about the mom of your youngster, and how you act in the direction of her when you are all over your boy or girl. Hold from generating any detrimental feedback to her, or arguing with her around your boy or girl.
While custody is a legal matter, it is additional of a psychological make a difference, and the strategies you use to win your situation are incredibly important. They may well even be critical to you winning your case.
Though it is not unattainable to attain total custody as a father, it is tricky. Presenting on your own as an lively mature parent, deeply concerned in your child’s everyday life, with your most important concern being the child’s finest interest, and getting in a position to offer excellent proof to all of the above, is the way to win your scenario. Most essential, be prepared with proof and documentation to assist your situation.
Custody Wars: Updating The Ongoing Dilemma For Black Fathers
May 13, 2011
As the country watched the extensive custody battle waged by David Goldman and his supporters to get his son Sean back in the United States from the Brazilian government and his deceased wife
Meta J. Mereday is a writer for ; Regal Black Mens Magazine The publication focuses on ; African American Community News Politics Sports Health The magazine features a ; Local Online Classifieds & Job Classified Black Business Directory Visit to read about ; Black fathers
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Charlie Sheen talks goddess replacement, custody battles, and his new anthem http://bit.ly/m5tRUK – by blgx_Entertainm (blgx – Entertainment)
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Is the Family Law System Fair to Fathers?
April 24, 2011
There are many flaws with the child support systems in America. Minnesota is no exception.
PROBLEM 1 – MONEY TALKS
One dirty secret of the child support system is that it is incentivized by federal money.
How Does it Work?
The Welfare Reform Act of 1996 was designed to reduce budget deficits by providing states with government funding for recovering welfare costs. This included within its scope child support since child support is recovered by the state to pay any welfare benefits provided to a custodial parent. It unintentionally also included child support paid by those who did not receive welfare benefits.
Based on recent statistics, it is estimated that the federal government provides .2 billion in grants to states for their child support collection services. The payments to the states are based on a percentage of their child support collections operating costs. As a result, the larger the child support enforcement costs, the greater the federal funding. Of course, the best way to increase the size of the system is make sure that the state is collecting as much child support as possible. The end result in Minnesota, and other states, is that state collection of child support is mandatory unless:
1. No public assistance is provided to the custodial parent on behalf of the children; and
2. Both parents elect to waive that withholding.
Even more compelling, the state also appears to have an incentive to avoid joint physical custody arrangements where less child support is likely to be exchanged.
PROBLEM 2 – CHILD SUPPORT UNRELATED TO FINANCIAL NEED
Child support is not tied to the necessary financial needs of the child.
Child support guidelines were created to provide some uniformity to child support calculations. However, those guidelines often provide financial incentives to custodial parents to have serial children with multiple child support payers.
Under Minnesota’s pre-2007 child support guidelines, a non-custodial parent would pay child support that is usually 25% of that parent’s net income. If that individual is a father and he has two children with the same mother, he would pay 30% of his net monthly income. If, however, he has a second child with a second mother, he would pay another 25% of his net income after deducting the first obligation. Similarly a mother with three children from three different fathers could receive 25% of the net income from each father. See the incentive?
A simple review of child support awards in absurdly unbalanced cases also supports the conclusion that child support guidelines often ignore reason. In 1995, the actor Jim Carrey agreed to pay ,000 a month in child support for their daughter, Jane. Recently, his ex wife, Melissa has asked the courts to increase that amount. Similarly, a court recently awarded the mother of the child of actor Matt LeBlanc a staggering ,000 per month.
PROBLEM 3 – DEADBEATS CREATED BY SYSTEM WHERE RETROACTIVE MODIFICATION IS NOT ALLOWED
Under the law, a court cannot modify a child support obligation retroactively. As a result, parents that fall on unanticipated hard times may find themselves falling behind in
