May 7, 2012

The Family Court Abridges Constitutional Rights and Justice

By Shane Flait -

Because our family courts are not setup to protect the rights of litigants but a so-called ‘higher good’, it’s ripe for distributing injustice and persecution – mostly to fathers and their children. This article explains why.

Thomas Jefferson stated that trial by such a jury is the only anchor yet known to man to hold the state to the principles of the constitution so as not to leave the protection of the individual solely up to the government or judicial elites.

It’s through the jury that ‘the people’ participate in the judicial process and rein in unconstitutional or unreasonable laws and judgments of the state. Without the protection of a jury trial, tyranny will surely reign.

*Our most fundamental rights are in jeopardy in family court for doing no wrong:

At stake are your right to parent your child, to control and choose your income and profession, your right to maintain your professional and driver’s licenses, your right to have or maintain your passport and travel as you see fit. These rights are guaranteed by the constitution.

*What about the ‘best interest of the child’ – isn’t that ‘a greater good’?

Greater goods are part of dictatorships and tyrannies. The greatest goods of republics are peoples’ constitutional rights which includes the protection of ‘due process’. Supreme Court case laws states that the ‘best interest of the child’ resides in a ‘fit’ parent – not the state.

*How are fundamental rights at stake?

Because if the family court judge assigns you to be the noncustodial parent, you lose your parenting rights to your children (i.e. to support them directly, live with them, and direct their lives) and then you’re forced by the court to pay the mother whatever the judge says – amounts that will impoverish most fathers. If you don’t pay regularly and pay it all, you’ll go to jail without a trial.

*What do you have to do wrong to be assigned the noncustodial status?

Nothing! Fit parents – overwhelmingly fathers – have their constitutional rights denied by judges assigning them as noncustodial parents.

The judge – as representative of the state – invokes his ‘illegal’ right to take away constitutional rights of fit fathers for the ‘best interests’ of the children. Best interest determinations are only to be invoked when there are no fit parents.

*The family court setup prevents protection of father’s constitutional rights:

The family court doesn’t allow a trial with a jury. It only permits ‘bench’ trial which means that the judge is both judge and jury for you. So you’re denied the protection of the people from the legal elites and special interest groups that feed off the injustice that the family courts produce.

*Why doesn’t the family court protect a father’s constitutional rights?

Because when you eliminate the natural protections – like a jury – you leave judicial elites in power. More power means a more corruptible system. That’s human nature.

The family court and its affiliates have seized on a ‘greater good’ excuse such as ‘best interest of the children’ and ‘safety of women’ to forego constitutional law and protections for fathers.

*Special interest groups influence on the family court setup and actions:

A host of legal and court-assisting persons and organizations have a strong financial interest in keeping the family court set-up as it is. They together can be called the Divorce and Domestic Violence Industry (the DDVI).

The DDVI is made up of the judges, lawyers, GALs, mothers/women, probation/family service officers, psychiatrists, sociologists, visitation centers, battered women’s shelters, the abuse industry, women’s advocates, the state’s department of revenue (DOR), the federal government’s child support enforcement division…and more! Let’s consider where some of these entities find their financial interest in the family court setup.

The DDVI have interest in:

* Setting larger child support orders.

Both the court and DOR/CSE(child support enforcement (agency)) receive federal incentive payments. Court-DOR (Department of Revenue) agreements send some DOR money to the Court systems. County jails make money by more inmates – who are court-created deadbeat dads.

* Making abuse allegations more easily allowed.

Visitation centers and lawyers benefit by this as well as do Battered Women shelters and Batterers Groups. Incidentally, battering is relatively rare; accusations are very common.

* Aggravating parental exchanges and unequal allotment of rights – as the court imposes.

This makes lots of money and job security for lawyers, family services officers, psychologists, GALS, parenting class coordinators, women’s groups, and affiliated VAWA organizations who receive some $5 Billion over 5 years.

The DDVI, taken together, is a powerful lobby and participant in the rule-making process. They’re not about to favor any change – however fair – that will undermine their positions, benefits, or money and power they’ve accumulated.

Shane Flait gives you the capability you need to fight for your rights. Get his FREE Downloads at http://www.FathersRightsLegalAid.com. Take his ecourse: How to Handle Your Family Court Case at http://www.FathersRightsLegalAid.com

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Family Court Tyranny Against Fathers Versus The Cover-Up Propaganda

By Shane Flait -

- which include their right to parent their children. This article contrasts this fact with the state’s divorce and domestic violence industry’s propaganda that covers up family court’s unconstitutional use of its greater good excuses – safety of women’s abuse excuse and the best interest of the child excuse.

1. Evidence of a tyranny against fathers:

Constitutional protections that the courts and their processes are obliged to follow for all citizens, as litigants and defendants, were put in place to help secure those fundamental rights – the very reason for which the U.S. was formed. In fact, the lack of such constitutional protections in court is evidence that fundamental rights are being denied.

Our founding fathers expected bad laws to occur occasionally. They instituted constitutional court process protections – including fully informed juries – which would help stem the tyranny such laws would produce.

Included in bad laws are the ‘greater good excuse’ laws that all tyrannies impose. I call them ‘greater good’ because their execution denies individual rights for some ‘professed’ greater good according to some ideology or temporary necessity. But, of course, no greater good is supposed to exceed our individual rights in a free society – as the U.S. was formed to be. So these individual rights are not ever subject to vote because they’re unalienable.

I’ve categorized two laws – safety of women’s ‘abuse law’ and the ‘best interest of the child’ law as ‘greater good excuse’ laws. That’s because their operation in family court clearly negates and denies both the unalienable rights as well as the constitutional protections that each of us is entitled to. The detailed nature of how these greater good laws are carried out in family court shows that they ignore every aspect of constitutional protections and the maxims of law that promote court fairness for litigants. Therefore these laws represent a tyranny by their nature.

But beyond that, these ‘greater good excuse’ laws and their court processes overwhelmingly deny the rights of fathers while benefiting mothers especially in divorce or paternity actions. The loss of paternal rights that fit fathers routinely face in family court is unconstitutional and akin to state kidnapping of his children from him. Then, the state’s imposes heavy payments – euphemistically called child support – on fathers that are maliciously enforced and extorted by easy imprisonment of fathers without the required constitutional due process.

Both the new ‘safety of women abuse law’ and the distortion of current family court processes with its ‘best interest of the child’ law over its original form have been pushed by feminists under women’s rights organizations and their government affiliates. Not a shred of ‘equal rights’ for fathers to their children’s care is considered or allowed by such feminists.

As a result of these unconstitutional laws and processes that deny fathers their rights, fathers, families and our freedom are being destroyed. These laws and those people in the state’s divorce and domestic violence industry that support them and benefit from them together constitute a tyranny against fathers – or often called a ‘war on fatherhood’. Here’s what fathers face under this tyranny.

2. Slavery of a father at the whim of a mother – under the feminist jurisprudence of family courts:

At the mother’s whim, the fit father is civilly murdered or civilly raped of his rights, his protections and his children.

For not doing anything wrong, his children are taken from his care, and then he’s turned into virtually a slave of the state and the mother who extort from him horrendous and impoverishing weekly payments that euphemistically are called child support for whatever the mother wants to spend them on. These payments go on until the child reaches as old as 23 years. And if the father doesn’t pay it all he goes to jail, is denied his license to drive, his license to work, and his passport.

The fit father also faces two badges of infamy against him without him doing anything wrong based on denying him his rights and constitutional protections under the feminist ‘greater good’ laws. These infamous badges are ‘deadbeat dad’ and ‘abuser’.

If the father can’t pay everything he’s ordered to pay, he’s called a deadbeat. The courts can and will send him to jail without constitutional due process under illegal contempt processes to extort money from him – not unlike mafia thugs enforcing payments of protection from innocent shopkeepers.

Receiving a restraining order (RO) against him requires no provable wrongdoing by him. Only the subjective statement of ‘fear’ by a woman is required for the court to grant it. It’s less than a misdemeanour. But the restraining order paints him as an abusive man to friends, and associates as well as his own children. And, any innocent and harmless violation of the RO will make him a criminal.

3. The propaganda to cover-up the truth:

But you’ll not hear or read anything of this sort because we’re flooded with propaganda of the state’s divorce and domestic violence industry. This industry feeds off the above court-ordered denials of fit and good fathers’ unalienable rights. From them, you’ll hear: * Women need easily obtained restraining orders to be made safe from intimate partners they say they fear

* Family court processes are necessary to determine what’s in best interest of the children; after all, it’s the children that are most important

* Fathers must ‘do the right thing’ – pay all the child support ordered by the family court

* Deadbeat dads must be punished for not supporting their children

* The laws dealing with abuse and safety of women are fair and due process is upheld.

These statements sound good but they cover up the tyranny they produce. Each one is, in fact, a lie.

You’ll, of course, never hear my term of ‘greater good’ excuse laws. Such a name would expose the fact that these laws deny fathers their unalienable rights our country was formed to secure for them. That’s an inconvenient truth which the feminist-instigated divorce and domestic violence industry wants to hide from the public. Exposing it would interfere with the power, money and agenda it produces for them.

Shane Flait gives you the capability you need to fight for your rights.
Get his FREE Downloads at http://www.FathersRightsLegalAid.com
Take his ecourse: How to Handle Your Family Court Case at http://www.fathersrightslegalaid.com/HowToHandlePromo.htm

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A Single Father’s Rights

By Amie Haskett -

There are many organizations in the US which focus on supporting and maintaining fathers’ rights, both in family courts and through legislative action. To name one, there is the Alliance for Non-Custodial Parents’ Rights (ANCPR) which is a non-profit organization which helps non-custodial parents prepare for, and protect their rights in family court. The ANCPR assists non-custodial parents with issues of child support, visitation and child custody.

There is also the American Coalition for Fathers and Children, a non-profit organization in support of shared parenting. The ACFC works with pro-family and civil liberties groups throughout the country.

Other organizations supporting and working with fathers’ rights

Children’s Rights Council (CRC) serves in the interests of children and supports the active involvement of both parents in a child’s life, promoting shared responsibility, education, mediation and a support network made up of financial, emotional and physical support. ANCPR believes that many aspects of the current and proposed laws concerning visitation, custody and child support enforcement violate the constitutional rights of all non-custodial parents and also believes that it is in the best interests of the child to have equal access to both parents, and that shared custody arrangements that specify 50/50 joint physical custody should be the presumption in Family Law.

Children’s Rights Initiative for Sharing Parents Equally (CRISPE) is a non-profit organization that works to ensure that children have equal access to both parents during and after a divorce or separation.

Dad’s Divorce, a website dedicated to educating fathers on matters relating to divorce, child custody, and child support.

Divorced Fathers Network, dedicated to improving the lives of children and families during the divorce process.

Fathers and Families is a non-profit organization that advocates for children’s right to love and be cared for by both parents.

The Fatherhood Coalition, a volunteer-run, non-profit organization working to end discrimination against unwed and divorced fathers and promote shared parenting.

The World Fathers Union came about some time ago as an informal working group of disenfranchised fathers united by their common desire to see fair treatment of fathers in custody disputes become the norm rather than the exception.

Divorced Fathers Network helps dad help themselves and is dedicating to assisting fathers and mothers in parenting issues and helping them through a support group network.

United Fathers of America helps fathers with their custody, visitation, divorce, paternity and child support problems

USA Fathers is a web-based organization dedicated to the free exchange of information regarding the rights and responsibilities of fathers. They give voice to the decent, law-abiding loving fathers of America.

Men’s Educational Support Association (MESA) helps families, fathers and children caught in the turmoil of a domestic crisis. Their aim is to make available the emotional resources and legal referrals men require during a family breakdown. National Congress for Fathers & Children aims to serve as a national organization to assist state and local efforts compatible with their goal of assisting parents who wish to remain involved in the lives of their children, irrespective of marital status.

Visit singleparentcenter to get great advice, tips and strategies for great single parent families. This site is loaded with single parenting advice and information about statistics for single parents.

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Father’s Rights

By Holcy Thompson III -

Top Tips on Father’s Rights

The term father’s rights can take on a few different meaning. In the broadest sense, it relates to a movement which pushes for more recognition of the rights of fathers in what is often perceived to be a judicial system which favors mothers in cases of divorce. In a more specific sense, it means the individual rights of a father in a divorce or separation situation. We’ll cover both of these issues in this article – the broader movement as well as the actual rights you have as a father if your marriage is splitting up.

The Bias of Family Courts

One of the core ideas of father’s rights activists is that fathers are discriminated against by the family court system. Divorce law in many states tends to give custody to whichever parent is deemed to be closest to the children and seen as most instrumental to carrying on their lives unaffected. This notion grows out of the idea that the divorce should affect children as little as possible, so custody should also reflect the “status quo” of life before the divorce as much as possible for the children. Because in many traditional families the father is the main breadwinner and the mother stays at home to look after the children, the mother wins custody almost by default in many of these situations.

Fathers’ advocates argue that this is unfair because it restricts fathers in their right to be a parent. Advocates of father’s rights also tend to point out that children should be raised by both parents (except in cases where a parent has been abusive). In this argument, the best interests of the children (on which child custody laws are built) are to have both parents involved in their lives. So the best interests of children are not very well represented by the current legal model which tends to be lopsided towards giving sole custody to mothers.

The movement has also strongly criticized the current models of child support used because they usually end in fathers paying money to mothers, even in shared custody scenarios. In such a scenario the father is left with less money to support the children when he has custody of them.

Individual Rights of Fathers

First of all, you have a right to have a relationship with your children unless you have actually taken action which would lead to you forfeiting that right, such as being physically violent towards your wife or the children themselves. If you’re not at fault, you have every right to have a relationship with your children and you should fight for that right. The law is intended to reach a conclusion which serves the best interests of the children. You need to demonstrate that having a good relationship with you is in their best interests.

Be aware that your wife may produce trumped-up charges in order to make a case against you for sole custody – such as accusing you of abuse when you’re guilty of no such crime. You know the character of your ex-wife so you’ll know whether this situation might apply to you or not. If this happens, you need to get the best lawyer you can and gather all the evidence possible to prove that you’re innocent of such crimes. Unfortunately this often comes down to a “your word against hers” situation, in which case the way your character and your wife’s character is represented in court becomes of ultimate importance. In other words you win such a case by demonstrating that you’re not the type of person who would abuse his family, and she is the type of person capable of lying about that.

Even without going to such extremes, your ex may attempt to block you from seeing your kids. It’s important to remind her not to let her own selfish interests get in the way of what’s best for the kids and that by blocking them from having a father, she’s actually hurting them the most. You can often do a lot more by addressing your wife directly than battling through the courts – court should be a last resort when your wife simply won’t give in and listen to reason.

More information on fathers rights.

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How To Lower Child Support And Gain Father’s Custody Rights

By Dennis Gac -

Want to do something about lowering child support or gaining

custody of your kids’ or, maybe improving visitation rights?

Well, we’ve all thought about it from time to time, but often don’t

take action because we as men are much more the procrastinators than

our women counterparts. We also think that the costs are prohibitive

and that we’re screwed in family court anyway, so what’s the use?

These are pretty much the same thoughts that go through every father

mind every time their hand shakes writing that child support check, or

argue with the X about visitation.

So what do you do? Out of total frustration most consult with

attorney’s or seek advice from well-meaning friends. But you don’t

need sympathy and high legal costs. You need a mentor, a person that’s

been there and can relate to your situation. Someone who can guide

you, step by step, through the legal maze.

After many unsuccessful attempts, most guys come to the conclusion

that if anything’s going to get done that they’d have to do themselves

and get personally involved. After all, who knows more about your

situation than you do?

If you don’t know what to do, get some good information by finding out

what other Fathers have done in similar situations. Then, mimic what

they have done successfully…This is called the “mirroring principle.”

Follow success to a “T”. Use all guidelines that you can and keep

trying to work in more options. Have a trusted friend look over your

work and ask for objective opinions. This is the true method for

knowing that you’ve got a killer case – that’s worked before and will

gain you more rights.

Dennis Gac is widely known as “The World’s #1 Fathers Rights Consultant!” But what do you care? Well, if you rush over to my site… I think you’ll come to your own conclusion that I’m the real deal, and you see how much FREE (yet extremely valuable!) Fathers Rights Winning information I’m giving away. Check it out now at:

http://www.fathershelphotline.com

Dennis Gac

National Brotherhoodf of Fathers Rights

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Ten Ways of Defense for Contempt for Non Payment

By Dennis Gac -

If you get hit with a contempt of court for non-payment of child support, there are several defenses you can offer if indeed you are truly unable to pay and not merely ignoring the court order. Here are ten defenses you can offer the court that can help your case.

  1. First, they need to understand it is not “willful” on your part. Meaning your circumstances have dictated your lack of payment.
  2. Always pay something. You want to be inconsistent with payments to show a struggle, but make some payment no matter how small.
  3. Bring a properly written response to court with you clearly outlining your defense.
  4. Provide proof of payment by way of check receipts and a past due payment plan.
  5. Be prepared to file for a Child Support Modification plan if it is a long term situation and tell the judge what you are planning to do.
  6. Be respectful and humble. Don’t be belligerent or angry. It won’t help anything at all.
  7. Offer a calm defense. The other side is going to do their best to shake you and may even lie. Stay on track and present your defense.
  8. Document why you cannot pay such as documents from work showing cut back hours, a letter stating you have been laid off, etc.
  9. If it is a medical reason, have copies of all your medical records with you proving the problem.
  10. Most often, you will not end up in jail like everyone thinks, but it can happen. Do not panic if it does! Don’t gather up the money from friends and relatives to “pay up”. This just shows you can really pay if threatened with jail.

Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at…. http://www.fathershelphotline.com.

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Tips for Fathers Involved in Child Custody Cases: Establishing Your Good Parenting Skills

By Scott D Stewart -

Our attorneys regularly meet with fathers requesting child custody related legal representation. These fathers want regular, significant involvement with their children. Fathers often believe that their best parenting efforts have been thwarted, through no fault of their own. The Court system may have worked to frustrate the father’s efforts. The Judge in the divorce may have ruled against the father. The opposing party may have pushed an agenda to minimize the father’s role in their children’s lives. Regardless of how it occurred, both father and child suffer when a father’s parenting role is diminished.

In Arizona child custody cases, both parents have their actions, judgments, and statements scrutinized by both the Child Custody Evaluator and the Court. One of the key components in a custody case is the level of each parent’s involvement with the child. When a father seeks significant involvement with his child, he must be committed, fully prepared, and have a plan.

The father in a custody case must convince the Judge or custody evaluator that he should be given equal access to the children for parenting time. If the father seeks primary custody, then it is absolutely essential that he establish the requisite dedication, character, and responsible nature to be there for his child “day-in and day-out.”

With our experience in fathers’ rights, we have learned to recognize some common mistakes that fathers make in their child custody cases. The suggestions below are a vital part of any father’s successful child custody case.

TIP: Be Sure to Document Your Parenting Time.

Child custody cases often involve accusations that the father hasn’t been spending time with the children. Because child custody cases can take months to resolve, and require full and accurate descriptions of parenting time, you should document — on a calendar or in a parenting journal — what occurred during parenting time. Failure to account accurately for parenting time in a child custody case may seriously damage your credibility. Document special activities with the child, such as a trip to the park, a swim at a neighborhood pool, a special events with friends, a child’s softball game, or time spent with extended family.

TIP: Be Involved in Your Child’s Extracurricular Activities.

Father’s need to be involved in their children’s extracurricular activities. Whenever possible, adjust your schedule so you can be there, personally, to witness your child’s participation in these activities. If your child has a particular interest, such as math and science, then investigate the kinds of classes and activities that will help your child develop that interest. Think about activities that you would like to participate in, too. Your personal interest will show in your genuine enthusiasm. Look to activities that draw on interests your child has talked about.

Once you’ve identified an activity, investigate implementation. Learn where your child can pursue the activity, and be prepared to show proximity to your home. Also, try to show how any actual or planned activities, such as swimming lessons or softball, will work into a proposed parenting schedule.

Make sure that you know who your child’s coaches are, and with any team sport, know who the child’s teammates are. Be knowledgeable not only about the position your child plays, but about the team’s overall performance record. Make sure that you are up to date on the team’s practice and game schedule.

TIP: Don’t Be a Victim of Circumstance.

Issues over a father’s uninvolvement in the child’s extracurricular activities may be the result of being “left out of the loop,” so to speak. If the activity was initiated by the mother, and she failed to consult with you, then be proactive and discuss the activity with her. Make sure that you save copies of emails and text messages on the topic. Maybe the mother doesn’t notify you of dates, times, and locations for games and practices. Don’t be victim to the whims of the other parent, and don’t leave yourself vulnerable to accusations of poor parenting. Do your homework, investigate and get your child’s schedule from a team-player’s parent, from the league representative, or from the organization’s activity website. Get your name on the email distribution list for newsletters, game times and locations, and practice locations and schedule changes. In that way, you will not be reliant on the other parent’s good will, and you’ll stay apprised of your child’s schedule.

The more involved you can demonstrate you are with your child’s activities, the stronger your child custody case will be. Don’t let yourself be characterized as an uninterested father with no time for the child because you’re a chronic no-show at the child’s activities. Get involved early on, arrange to get every schedule, show up at the child’s activities, and always stay connected.

TIP: Be Knowledgeable of Your Child’s Educational Progress.

To fully understand how your child’s education is progressing, there is perhaps no simpler method than to actively participate in the process. Help your child work through homework assignments and special event projects, such as the school’s annual science fair. A little guidance from an interested, supportive father goes a long way toward helping your child achieve, accomplish, and gain confidence.

Be knowledgeable about your child’s education. Be cognizant of your child’s strengths and weaknesses. Be aware of any problems at school and after school. Get to know all of your child’s teachers. The teachers will, in turn, get to know you because you’re a father who makes himself available and is fully engaged in the student’s homework and projects. These are all significant, persuasive factors that demonstrate how you have been consistently involved, focused, and engaged in your child’s education.

TIP: Be Present at Educational Special Events.

Of all the educational special events involving your child, probably the most influential is the parent-teacher conference. Attend the conference fully prepared to discuss all aspects of your child’s educational progress and society at the school. Be knowledgeable and apprised of every element of your child’s educational development. If you, as a father, desire equal parenting time with the child’s mother, or desire to be the child’s primary custodial parent, then it is absolutely critical that you show your parenting commitment and attend parent-teacher conferences as scheduled.

TIP: Have a Well Developed Child Care Plan.

If you desire significant parenting involvement, then your commitment, preparation, and planning could not be better illustrated than with a well developed child daycare plan. Many fathers are unsuccessful in custody cases because their child care plan was inadequate or nonexistent.

You must be prepared to demonstrate:

1) How you will properly care for their child while you’re at work.

2) How you will make adjustments to your work schedule.

3) How you will be flexible with needed care for the child.

4) How you will transport the child to activities and events.

5) How you will be as involved in your child’s life as you claim you want to be.

TIP: Be Knowledgeable About Daycare Providers.

When it comes to daycare you should be very knowledgeable about, and very familiar with, the people who will care for your child. Know the name of the person in charge of the daycare facility. Know whether there are records about your child’s activities and behavior and, if there are, obtain copies for your custody case. Determine whether you’ll drop the child off or pick the child up (or both) at daycare, and get any records documenting your having done so. Be very involved in the selection of daycare providers for your child, including the interview process of potential providers. Make sure you investigate any problems that the facility has presently or has had in the past.

TIP: Document Your Communications with Child Care Providers.

To be fully prepared for your child custody case, when you speak with the child’s school, a daycare provider, or a medical provider, take the time to document who you spoke with. List the names, addresses, telephone numbers, and email contacts of the people you communicated with and summarize what you discussed with them.

Lastly, establish your ability to care for your child with supporting documents. For each and every aspect of raising the child — education, medical decisions, religious decisions, extracurricular activities, and the like — find something to document your involvement. Include formal and informal records, brochures, letters, emails, handwritten notes, and any writing that can be submitted in the child custody case on your behalf. Never miss an opportunity to collect evidence supporting your ability to parent your child.

A former Deputy County Attorney for the Maricopa County Attorney’s Office in Arizona, Scott David Stewart is a Phoenix divorce lawyer and founder of the Law Offices of Scott David Stewart, pllc, a Maricopa County family law firm with practice areas in divorce, adoption, child support, custody and visitation, juvenile law, and domestic violence. Visit the website at http://www.SDSFamilyLaw.com.

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Problems in Family Court That Fathers Should Prepare Fo

By Shane Flait -

Problems with the family court setup include laws that are discriminatory to whoever becomes the non custodial parent – overwhelmingly the father. But as bad these laws are, their administration is worse. Fathers can’t depend on lawyers to defend them effectively in this process.

This article overviews problems in the family court setup which fathers should guard against.

Family court typically awards the mother custody of the children while making the father a noncustodial parent obliged to pay up to a third of his income in ‘child support’ payments. That’s because

* The court asserts that it can decide who will get custody of the children based on the judge’s determination of ‘best interests of the child’ and

* Family court judges adhere to views that discriminate against fathers – and for mothers – as parents.

The first point violates of one’s constitutional right to parent. Denying that right requires the court to prove the father is unfit to parent with a jury trial by clear and convincing evidence. Constitutionally, the ‘best interest of the child’ resides in a fit parent, not the state!

The second point violates equal protections of the 14th Amendment, not to mention invidious discrimination.

But even under family court laws and rules fathers must prepare to protect themselves against court personnel. They often disregard rules they’re supposed to follow. The main characters in family court are the judge, the parents’ lawyers, and guardians ad litem. Knowing what their job is and where they can go wrong is important.

* The judge: his job and where he may go wrong:

There is no jury in the family court. So in a divorce trial, the judge decides – according to the record, evidence, and testimony before him – what the ‘true facts (called ‘findings of facts’) are. Then he makes his final judgment (i.e. a set of orders) which should be consistent with these findings of facts.

The trial judge can make mistakes (called errors) when his findings of fact are clearly not consistent with the record or what was proved in the trial. He may also misapply the law to his ‘findings of fact’.

* The wife’s lawyer: what he tries to accomplish:

Typically the wife’s lawyer will make the father out to be bad father, a controlling husband, maybe abusive to wife and/or children, unable to care adequately for children, and making a lot of money – or should be making a lot! That’s because they want to show

* It’s in the best interest of the children to make the father a noncustodial parent, and

* He should pay as high a child support payment as possible

The wife’s lawyer may coach the wife to misrepresent or distort the facts and create unsupported accusations against the husband. He’ll not the let the wife settle without an outrageous settlement in her favor.

He’ll try to force the father into an unreasonable settlement because, unfortunately, the trial judge will probably make a heavy judgment against the father. He may try to force a settlement by bringing the father to court often to run up his lawyer bills and the father may be told to pay both his own and his wife’s lawyers’ fees.

* Where does the father’s lawyer goes wrong?

The father’s lawyer should prepare well to defend against all accusations. He should require clear evidence for any accusations, be aggressive at defending the father and go after the wife’s character for making such unfounded accusations.

Unfortunately, his lawyer often doesn’t spend the time to create a good defense, effective briefs and supporting citations so he can force the judge to rule more in the father’s favor. It’s too much work. He won’t buck the system – where judges are clearly pro-wife or mother – by aggressively objecting, or even appealing. He’s worried about suffering the anger – unjustified as it may be – of the judge who the lawyer must see all the time in his work.

* Guardian ad litem (called GAL for short: What is his job?)

He or she to evaluates your children and their relation to you.

Where do GALs go wrong? They’re appointed by a judge who continually recommends those who find ‘things’ in a way that the judge wants things found. There are really no requirements to be a GAL. Any lawyer can request to be an evaluator of your children and their relation to you.

* Where fathers go wrong:

Fathers make the mistake of remaining unwitting pawns in this game. Fathers must get ‘in the know’, and take aggressive action to control their case to minimize the damage to themselves. If need be, they should go pro se, if their lawyers are unwilling to effectively fight for the father’s fundamental rights.

Shane Flait gives you the capability you need to fight for your rights.

Get his FREE Downloads at http://www.FathersRightsLegalAid.com.

Take his ecourse: How to Handle Your Family Court Case at http://www.FathersRightsLegalAid.com.

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http://EzineArticles.com/?Problems-in-Family-Court-That-Fathers-Should-Prepare-For&id=3701586

Understanding the Difference Between Child Support and “Maintenance” or “Alimony”

By Dennis Gac -

When you think of offering money to your ex-wife to help support her in raising your child (or children, dependent on your situation), most people instantly think of the term coined “child support.” Child support is typically paid out-of-pocket by the non-custodial parent out of their after-tax take-home pay. However, many forget to put a different spin on their child support term that can make or break their financial future.

When preparing for court against your ex-wife and her attorney, it’s important to point out that what you are willing to provide to your ex is not exactly child support, but maintenance or alimony. Child support is typically paid to the ex-spouse until the child reaches the age of 18 in most states. Alimony, otherwise known as “maintenance,” is only paid for a certain period of time. Alimony is typically for a short-term period that is defined by the length of the marriage, the employment and educational status of the other party, and the ability for the ex-wife to keep, maintain and hold a well-paying job in the future. Also, another benefit of paying alimony over child support is that it is paid with pre-tax dollars instead of being paid from your take-home pay.

The idea of alimony is to provide financial support for a certain period of time, determined by the courts on various factors, to help the ex-wife figure out financial issues and get back on her feet and back into the work force. It is not intended to be income to the spouse out of spite, or a payment for “emotional damage” done during the marriage–if any.

By understanding the true difference between child support and alimony, you may greatly reduce the amount of monetary support you will be owing to your ex-wife over time, in addition to making your payments pre-tax instead of after you receive your paycheck two weeks later.

Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at… http://www.fathershelphotline.com.

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http://EzineArticles.com/?Understanding-the-Difference-Between-Child-Support-and-Maintenance-or-Alimony&id=3968895

Suspended Licenses and Child Support Payments

By Dennis Gac -

One of the things that can happen if you fail to pay your child support payments is that you could end up with having various licenses revoked. This includes not only you driver’s license, but any business or professional licenses you may have as well. This is a result of the Child Support Recovery Act set in place in 1992. There are some things you should know to prevent this and if it does happen.

A contempt of court order for nonpayment can result in having your license revoked, but it doesn’t always happen immediately. Usually there are mitigating circumstances such as you don’t show up for or do not respond to a hearing. Always respond in written form to any type of hearing notice, to verify you know it is taking place.

Never ignore collection notices. Make some type of payment no matter how small. If you are trying to get your license reinstated, you will need to have made a payment and you must also have a payment plan on how you are going to make the up the payments.

Even if your driver license or professional license gets revoked if you follow the above – make a plan, respond in writing, and make a payment – more often than not you will be able to get your licenses reinstated. Be prepared, stay calm and think things through. Your ex-wife is going to use whatever she can to try and get you in trouble and cause problems, but you can handle these simple things if you stay calm.

Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at…. http://www.fathershelphotline.com.

Article Source: http://EzineArticles.com/?expert=Dennis_Gac
http://EzineArticles.com/?Suspended-Licenses-and-Child-Support-Payments&id=4958700