AZ Courts | Fathers Rights |

Family Court Tyranny Against Fathers Versus The Cover-Up Propaganda

January 4, 2012 By Maricopa County Court Leave a Comment

- 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

Article Source: http://EzineArticles.com/?expert=Shane_Flait
http://EzineArticles.com/?Family-Court-Tyranny-Against-Fathers-Versus-The-Cover-Up-Propaganda&id=6318574

A Single Father’s Rights

December 9, 2011 By Maricopa County Court Leave a Comment

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.

Article Source: http://EzineArticles.com/?expert=Amie_Haskett
http://EzineArticles.com/?A-Single-Fathers-Rights&id=6382615

Filed Under: Child Custody Tagged With: Fathers Rights

Father’s Rights

November 15, 2011 By Maricopa County Court Leave a Comment

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.

Article Source: http://EzineArticles.com/?expert=Holcy_Thompson_III
http://EzineArticles.com/?Fathers-Rights&id=6627520

Filed Under: Father's Rights Tagged With: arizona child custody, Child Custody, Family Court, Fathers Rights

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

April 22, 2011 By Maricopa County Court Leave a Comment

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

Article Source: http://EzineArticles.com/?expert=Dennis_Gac
http://EzineArticles.com/?How-To-Lower-Child-Support-And-Gain-Fathers-Custody-Rights&id=979854

Filed Under: Child Support, Family Court Tagged With: Child Support, Fathers Rights

Ten Ways of Defense for Contempt for Non Payment

March 14, 2011 By Maricopa County Court Leave a Comment

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.

First, they need to understand it is not “willful” on your part. Meaning your circumstances have dictated your lack of payment.
Always pay something. You want to be inconsistent with payments to show a struggle, but make some payment no matter how small.
Bring a properly written response to court with you clearly outlining your defense.
Provide proof of payment by way of check receipts and a past due payment plan.
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.
Be respectful and humble. Don’t be belligerent or angry. It won’t help anything at all.
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.
Document why you cannot pay such as documents from work showing cut back hours, a letter stating you have been laid off, etc.
If it is a medical reason, have copies of all your medical records with you proving the problem.
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.

Article Source: http://EzineArticles.com/?expert=Dennis_Gac
http://EzineArticles.com/?Ten-Ways-of-Defense-for-Contempt-for-Non-Payment&id=4958695

Filed Under: Child Support, Family Court Tagged With: contempt, court, defense, defenses, dennis gac, Fathers Rights, legal, offer, payment, pro se, ways

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

January 17, 2011 By Maricopa County Court Leave a Comment

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.

Article Source: http://EzineArticles.com/?expert=Scott_D_Stewart
http://EzineArticles.com/?Tips-for-Fathers-Involved-in-Child-Custody-Cases:-Establishing-Your-Good-Parenting-Skills&id=5375538

Filed Under: Child Custody, Family Court Tagged With: Arizona, Child Custody, custody evaluator, Divorce, Fathers Rights, parent-teacher, parenting time

Problems in Family Court That Fathers Should Prepare Fo

December 15, 2010 By Maricopa County Court Leave a Comment

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.

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

Filed Under: Child Custody, Family Court Tagged With: court process, due process, education, Family Court, Fathers Rights, legal aid, right to parent

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

October 11, 2010 By Maricopa County Court Leave a Comment

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.

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

Filed Under: Child Support, Family Court Tagged With: alimony, Child Support, difference between, Divorce, Fathers Rights, maintenance, separation

Suspended Licenses and Child Support Payments

September 28, 2010 By Maricopa County Court Leave a Comment

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.

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

Filed Under: Child Support, Family Court Tagged With: child, dennis gac, Fathers Rights, legal, licenses, payments, pro se, support, suspended

Why Men Lose in Family Court

September 15, 2010 By Maricopa County Court Leave a Comment

By Michael Weening -

Like most individuals you have probably arrived at this article because you are looking for answers to a specific family law problem. Hopefully this article will help motivate you to take the necessary steps to resolve your issues.

The subject of this article is “Why Do Men Lose in Family Court?” I have spent the last 20 years attempting to answer this question. After considerable research, case evaluations and client interviews I believe I now have the answer.

Nineteen years ago I went through a brutal divorce. Actually, at the time of divorce we were very friendly with one another and agreed to settle out of court. My Ex-wife, through a paralegal filed for divorce and like most men I simply agreed to the terms. I walked away with nothing! I surrendered the house, ($40,000.00 in equity) the boat, the car, furniture etc. etc…Everything I had acquired in 13 years of marriage was suddenly gone. We had three children and I wanted them to have the benefit of these items. Although I didn’t realize it at the time I could have and should have made better agreements that would have benefited all members of my family in a much greater way. Looking back I simply didn’t know what a good agreement was or how to make the deal. I was so concerned about maintaining a good relationship with my ex that I avoided anything that might have resulted in a legal battle. I should have filed my response with the court and requested an equitable division of property, custody, visitation and a support order that was based on my Real income. In general I should have been more attentive to the legal issues. This was truly a mistake!

Like most men I had adopted the common belief that men always lose in divorce proceedings so why not just surrender everything now and avoid the inevitable. What I didn’t realize at the time was that I wasn’t doing anyone any favors by surrendering everything to my ex-wife. Ignorantly giving up my property caused my wife to develop a false confidence in the legal system that would soon allow her to sue me again and again and again. Like many women she understood the prevailing thought of men that they always lose in family court and she capitalized on this belief. Therefore it didn’t matter any longer how much I had given to her the fact that I didn’t know what I was doing was extremely obvious. Despite everything I had surrendered, ignorantly failing to make fair and equitable agreements at the time of my departure from the family home was a colossal mistake and was a personal invitation for her to sue me later. I would in time realize that money and property are no substitute for a well-written, fair and equitable agreement of ALL issues. Like the American Express advertisement declares “Don’t leave home without it!”

I had also surrendered a number of other rights simply because I was ignorant and wasn’t aware of the significance of these rights. Mainly rights to my children. I had mistakenly believed that women always get custody of children and Dads always get the standard every other weekend visitation schedule. In fact I was so ignorant I actually thought this was the law! Little did I realize that even after I had given everything I had I would still have to give more.

About 2 years later I acquired a new love interest and our “friendly divorce” turned into a legal nightmare! She went to an attorney and was advised to take me back to court to increase child support, decrease visitation, contempt of court and a host of other issues. Not knowing any better I went to an attorney, paid a $3500.00 retainer fee and went to court. It was my belief that we had fairly resolved all of our legal issues in the beginning and I really didn’t understand why she wanted more or how she could get more.

After 3 court hearings and an additional $3000.00 in attorney fees (total $6,500.00) later I had gotten my butt kicked! My attorney did absolutely nothing! He was worthless but certainly richer. On the way home from the courthouse I realized how unfair the family law system of justice was for men and began a search for answers. Further, I realized that just having an attorney does not mean there will be a successful resolution. A few days later I saw a newspaper advertisement for a Fathers Rights support group near my home. It sounded interesting so I decided to attend one of their meetings.

The following Friday I arrived at the meeting discouraged and without hope. As I walked to my seat I passed a number of tables with pamphlets and books and other written materials all directed at men with family law problems. Most of these materials were advocating political reform of the family law system. I grabbed one of everything!

Once in my seat the meeting began with a number of men sharing their stories of severe prejudice and bias in the family court. The first thing I realized was that I was not alone in what I had experienced in and out of court. After two or three testimonies a gentleman went to the podium and addressed the crowd. The subject of his speech was “Why men lose in Family Court.”

The gentleman opened his speech with these questions: “How many of you came here tonight because you are currently in a family law case and are looking for answers?” Everyone in the room raised their hands. “How many of you defaulted by not responding to divorce or hearing papers?” Many raised their hands. “How many of you are struggling to pay your child support?” Again almost everyone raised their hands. “How many of you are being harassed by the District Attorney (Child Support Enforcement) for child support?” “How many of you have had their driver’s licenses suspended or taxes taken due to unpaid child support?” Many raised their hands. “How many of you only see your kids every other weekend?” About half the room raised a hand. “How many of you paid a large amount of money to an attorney to resolve your problems and still lost the battle?” Again almost everyone raised their hands. Finally he asked, “How many of you are happy with the outcome of your case?” The room suddenly became quiet and no one raised their hands.

When the speaker had finished asking the questions it was very apparent that most of the men in the room, including me, didn’t know the first thing about avoiding or resolving a family law problem! It was a moment of realization that we had each failed due to our own ignorance. These men, myself included were like lambs headed to slaughter. None of us had a clue as to what we had done wrong or how we could still resolve our own legal problems! What a pathetic group of men! This wasn’t what any of us expected.

The speaker continued by explaining why men lose in family court. “Yes there is bias, prejudice and discrimination in family court towards men. Yes the family court system is broken and needs reform. However, despite these problems most of you have failed because you didn’t take the time to learn how the system works.” As he spoke he gave numerous examples of mistakes that men make. “Men lose in family court because they simply don’t do their homework and women do!”

Most men, myself included, believe they are capable of resolving just about any problem. Most have run businesses, negotiated purchases of homes and/or cars and have been successful resolving other large problems at work and home. Consistent with their success in other areas of their life, when their long-term relationship’s end they believe they can “cut a deal” or somehow avoid a problematic legal case without making legally filed agreements. Call it male machismo or pride but in reality it’s called arrogance! Failing to learn how the family law system works will doom your case. Like one leading motivational speaker has stated: “Failing to plan is planning to fail!” There is no substitute for correct information and knowledge.

The speaker closed the meeting with this exhortation: “I want each of you to make a commitment. A commitment to your friends, family, to your children and to yourself! I want you to commit to learning how the family law system works. I want you to commit to changing the outcome of your case! This week I want each of you to go to a law library or bookstore in your area and read anything and everything you can on family law. Once you have acquired the needed knowledge set a goal, form a plan and don’t give up until you get what you want and need!”

As I drove home from the meeting I was filled with mixed emotions about what the speaker had said. On one hand I was encouraged that I could take control of my case, learn how the system works and resolve my ongoing legal problems. On the other hand I was very discouraged when I realized I had caused my own legal problems. I had lost in court because I had failed to learn the “rules of the game.” Like millions of other men I thought I could strike an easy out of court settlement and go on with my life. How wrong I was! This was a very hard lesson for me! I was a college graduate. I was fairly intelligent and should have known better. My Ex-wife wasn’t to blame, I was! I did this too myself! My failure was her victory!

The very next morning I decided to make the commitment to resolve my legal problems. As the speaker instructed I went to the local law library and read numerous books and articles. The following day I went to numerous bookstores and read many self-help books on family law. In addition, I searched the Internet and read everything I could about divorce and Family Law. The more I read the more I realized how mistaken I had been.

Over the next six months I continued studying family law and attending the meetings sponsored by a local Fathers rights support group. In a matter of weeks my personal knowledge of law and family related legal issues began to flourish. In fact, I eventually became a board member of the statewide group. After a few months, I even enrolled in paralegal classes at a community college. A year later I was so committed that I enrolled in law school. Boy what a turn around!

My first year of law school I began offering self-help legal assistance and counseling to men. Also, I returned to court to resolve unfinished legal business. This time I was prepared for battle! I had done my homework!

On the day of court I discovered that my ex-wife had retained the same attorney she had used previously. When he saw me in the hallway I am sure he thought this would be quick and easy. After all I was so misinformed the first time. The attorney approached me and began telling me how ridiculous my request for hearing was and that he was going to “stick it to me” if I didn’t drop the matter immediately. With confidence, I informed him I would not do so and would see him before the Judge. We did discuss the legal issues at hand and you could see that his attitude towards me was much different than before. The attorney made his routine offer of settlement that I promptly refused. He was now very concerned. He had recognized that something was very different.

About an hour later, we ended up in front of the Judge. Here’s what happened: My child support went from $1,113.00 per month plus health insurance of $225.00 to $243.00 a month in child support and she paid the health insurance. Further, my visitation time-share with my kids went from 5% to 43%. It turns out that my ex-wife was earning over $100,000.00 a year. I had filed subpoenas with her bank and employers based on a rumor I had heard that she had a second job but I wasn’t sure. The subpoenas revealed that she did in fact have a second job. She had not revealed this to the court. Even her attorney was unaware of this! In fact her “second job” earned her significantly more money than her regular job. Big mistake on her part! Needless to say I won the relief that I was seeking! My ex-wife may have won a previous battle but ultimately lost the war. Over the next six months there were other legal issues that I was able to resolve. I stopped her from moving out of state with the kids. In fact this did not even require a hearing. She accepted my legal explanation of what the court would in fact do and she decided not to move.

On another occasion the principal of the school that my children attended felt she had no obligation to provide me with copies of my children’s report cards and other information. (Emergency medical contact information, Notice of parent-teacher conferences, transcripts etc. etc…) It’s significant to note that my ex-wife’s mother was the vice-president of the school board. The principal, vice-principal, teachers and school nurse were aware of this. No doubt that the decision to deny my parental rights was directly related to my mother-in-laws powerful position. Well, I filed a suit in civil court naming the principal, vice-principal, school nurse, the entire local and county school boards, and the California board of education.

At the hearing the County’s attorney spoke with me and expressed regret that this matter had to be filed. He agreed that the schools position could not be legally supported based on the family code. He informed them that their position was in error and the policy of preventing a parent with joint legal custody from viewing his children’s school records was illegal and should be instantly changed. The matter was settled in the hallway and never made it to the Judge and for good reason.

Here is the best part of this story: After successfully resolving the legal issues my ex-wife “got the message.” She realized that I would never again allow myself to be used as a legal punching bag. There would be no more rolling over. No more defaults, no more passivity. I had become a pro-active participant. I had finally learned how the system worked and would vigorously defend myself in any future issue that might arise. And guess what? Once she understood she could no longer win automatically, Lo and behold we never had another legal dispute! Immediately following the last court hearing our conversations became civil but solely limited to the lives of the kids. Exactly the way it should be! (And should have been from the beginning)

My children are grown now and my personal family law struggles are over. I learned the hard way that what you do now will determine the quality of the relationship you will have with your children in the future. People forget that children are only in the custody of either parent for a relatively short time. After they reach the age of majority is when the real relationship begins! I was fortunate in that I discovered my failure in time. I was able to reverse a never-ending trend of court hearing after court hearing with no end in sight. It all changed that one evening after the meeting when I decided to commit to making needed changes in my attitude and approach to my case. I had learned a valuable lesson. Know the rules before you play the game! Once I discovered the rules of the game it all changed.

Finally, family law problems affect not only you but NEW wives, girlfriends, parents, grandparents, Aunts/Uncles, employer, friends and most significantly your children! Don’t wait any longer! Don’t wait until it’s too late! Make a commitment now to change your life and the lives of all who are around you by learning how the family law system works. Do your homework first! You can bet your Ex has!

By Mike L. Weening, Esq.

Mike L. Weening, Esq.

http://www.fathersrightsinc.com

http://www.fathers-rights-california.com

Article Source: http://EzineArticles.com/?expert=Michael_Weening
http://EzineArticles.com/?Why-Men-Lose-in-Family-Court&id=4954319

Filed Under: Child Custody, Family Court Tagged With: Fathers and Family court, Fathers Custody Rights, Fathers Rights