May 7, 2012

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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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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Child Support and Paternity Testing

Although the present laws of individual states may be different, the need to determine proof-of-relationship is the lone common denominator in cases dealing with child support and custody. In the last mentioned case, the person claiming child-support is the one who needs to show proof-of-paternity; while in the previous example, the one who needs to prove a relationship with the child is the one desiring custody. While “reasonable” expectations and common law have traditionally been relied upon, a solid punch has been landed to the stomach of common practices for paternity claims acceptance by the science that backs up DNA testing.

Currently, a growing amount of stunned fathers are facing the surprising reality that one, if not more, of the children they believed were biologically theirs really aren’t. Surprising revelations such as this frequently bring about a degree of mental trauma that not many men are ready to face; in a shockingly high number of instances, the man purported to be the father discovers, in addition to all else, he has been cheated into giving years of unnecessary child support payments equaling as much as tens-of-thousands of dollars.

The case of father Bert Riddick of California merits consideration. In 1991 as Riddick was getting ready for a business trip, reported the Los Angeles Times, his current fiance found a summons of the court that stated that his former girlfriend was claiming him as the father of her infant. After getting back, and not being able to go to the hearing because of his job responsibilities, he discovered that his salary was under garnishment; Riddick had basically been named as the father by default due to the old school tenet of “guilty-unless-proven-innocent”.

Riddick’s current family was quickly spiraling downward toward financial devastation. Quickly, he became helpless to provide for his expanding family, due to the chains of the wage garnishment ordered by the court. Riddick’s family was evicted from the house they rented; his automobile was repossessed; and after her second child was born, it became necessary for his wife to go into welfare.

Their kids now shared a tiny single room in a small portion of a relatives house that the Riddicks were now shoe-horned into. What was finally proved to be a baseless paternity claim by a basic DNA home test, had turned the life of Bert Riddick and his family inside-out.

The Detroit News reported that in addition to paying approximately $80,000 in phony child support over a 15 year period, native Michigan man, Doug Richardson claimed to also have been forced to pay the way for the real father, after and during the relationship the man had with Richardson’s former wife. Richardson stated; “I’ve been torn up over this for 15 years”. I was forced into bankruptcy. There are back taxes that I owe. My life has been ruined.” He now looks to put up a fight. Richardson, with the assistance of Murray Davis, the founder of DADS of Michigan, is working towards the support of laws that would ease the pain, such as demanding that courts would invalidate orders of child support in cases where paternity fraud was proven using aabb DNA tests.

This kind of legislation would incorporate Michigan- where in excess of 25% of the almost 10,000 non -married DNA paternity tests in 2005 were negative- with at least 12 other states that offer the same kind of legal safeguarding. For example, the law in Georgia permits ending the obligation of child support for men who can prove that they are not the father. Numerous other states are considering a measure such as the one in Maryland, where a paternity challenge has no time limit. It is a fact that in the world of paternity claims across the United States, the use of DNA paternity testing is beginning to be an important legal entity.

“There’s no reason you should be embarrassed about not knowing about an Las Vegas paternity test. <= Click here to get the information you need on DNA tests and finding out who the father is. People have been getting DNA tests for paternity for a very long time and it’s much easier than you think. Visit our Las Vegas paternity test site to learn more. Join the thousands of people we have already helped by visiting us now.

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Representing Yourself in Family Court

By Michael Weening -

I receive over 100 letters/e-mails a week from Fathers nationwide and am frequently asked a variety of questions on the topic of attorney’s and representing yourself in family court. Many have asked, “Do I need an attorney or can I represent myself?” Many also ask, “What if my EX has an attorney and I don’t? “Will the Judge ‘look down’ on me IF I don’t have an attorney?” These are all valid questions that deserve an answer.

The answer to the first question is: YES, Absolutely you can! BUT there is a VERY BIG “IF” attached to this question. You CAN be successful in family court representing yourself IF:

IF you know where to go; what to say; what to do; how to act.

IF you know what NOT to say and/or do.

IF you know what to file, when to file and where to file with the court.

IF all of your paperwork including pleadings, forms, affidavits, declarations, motions, petitions, exhibits and attachments have ALL been properly completed, filed and served.

IF you understand the court’s rules and civil procedure.

In other words you CAN successfully represent yourself without an attorney BUT you will need legal help and navigation.

Since I began offering Fathers Rights legal assistance 17 years ago I keep hearing the same recurring statements about family law attorneys.

- “I can NEVER get a hold of him and he NEVER calls me back”

- “He never responds to my messages”

- “It seems like my attorney isn’t doing anything for me.”

- “The only two times I saw my attorney is the day I paid him and the morning of court. It was like he hadn’t even looked at my case file.”

- “My attorney charged me $3,000.00 and didn’t do anything.”

- “My attorney talked a great game in the beginning BUT after I paid him he didn’t do ANYTHING he said he would do. My case turned out completely different that what he predicted.”

- “I just don’t have the money to continue with my attorney.”

If you have ever had a family law attorney I am sure you strongly identify with these remarks.

Here is the GOOD NEWS:

Most states have recently become “self help/user” friendly. Wherefore a very high percentage of family law cases are successfully resolved without an attorney. Furthermore, most states have low cost/no cost self help legal options available depending on the legal requirements of your case. These options often include document preparation, court filing and process service.

A word of caution: Although many states are self help/user friendly do not be mistaken. You cannot simply fill out a bunch of papers and file them with the court so that you can tell the Judge your side of the story. I’m afraid it isn’t that easy and in fact, it is legally dangerous! To be successful in family court requires case evaluation and analysis, legal knowledge and planning, strategy and guidance and most important; on going legal navigation. It requires the formulation of a sound “legal game plan” and its proper execution. It requires simple legal knowledge of the Domestic/Family code, case law and rules of court procedure. When everything you need to learn/know has been accomplished and a “legal game plan” developed then you can concentrate on acquiring accurate and precise document preparation, court filing and process services.

One final word: Whether you decide to retain an attorney or represent yourself you must learn how the family court system works . Family law is VERY different than other forms of law wherefore you must become PROACTIVE and take charge of your own case. You CANNOT simply throw money at an attorney and expect him to help you. The truth is unless you take control of your own case and learn how the system works no attorney or other legal professional can ever help you! On the other hand if you decide to hire an attorney you will ultimately benefit from learning the system. Hiring an attorney is much like the “horse and rider” analogy. If the horse knows that the rider (inexperienced) does not know what they are doing, the horse will take you on a wild and expensive ride to a destination your never wanted or expected. You must learn how to communicate with your attorney. Remember, the attorney works for you, not the other way around!

A family law case stays open forever therefore you must commit to learning the steps you can take NOW to win or, at least, significantly improve your case. Again take the time to learn the rules of the game before you play. You can be sure your Ex has!

Mike L. Weening

http://www.fathersrightsinc.com

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

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Fathers Child Custody Rights

By Micheal Stone -

A father’s role in a child’s life is one of the most influential factors in that child’s life. If you are like thousands of other fathers in the world you may be in the situation where your significant other is trying to take your child away from you. This is not the best option for your child. My name is Micheal Stone and I like you found myself in a situation where I was going to lose custody of my child. By taking some key steps in the right order, I managed to win my custody battle so that my kids and I can live happily together. I will lay out these steps for you in an easy to follow process that will have you well on your way towards winning your custody battle.

• The first step towards winning your child custody battle is to pick out the right lawyer. You will need to find a lawyer who specializes in custody litigation. A lawyer that does not specifically fight custody battles may have a slight disadvantage. Try to pick a lawyer who has fought custody battles in the same court room that your custody battle will take place so that the judge respects his opinion and morals. When it comes to child custody litigation, the judges personal bias and opinion has much more presence relatively to criminal cases. If your judge feels you’re a good father, he will award you custody.

• The second step is to begin building your case. The most important way to successfully build your case is to tell your lawyer everything about your marriage as well as your relationship with your child. Be sure to mention your spouse or significant others relationship with the child as well and be clear and truthful. By exaggerating the case or a story you may end up looking foolish in court. Your lawyer only knows what you tell him, so be sure to not leave anything out.

• The third step is to spend time with your child and leave him out of the middle of your divorce. Do not bring the child into the fights, and try to stay out of ear shot while arguing. The child could end up feeling that it is his fault, and this will not go well with the judge. Make sure to explain to your child the best way you can what is happening and make sure you reinforce that you are leaving him behind in any way.

• The final step when beginning your child custody battle is to try and mediate the case. Litigation is very expensive, and there are services that will mediate your case for a small fraction of the cost of litigation. Mediation is the process of having a single individual hear the case of both sides outside a courtroom and come to a ruling. This ruling is binding by law so do not take the mediation lightly.

By following these steps you will have an advantage over your spouse or significant other. Remember to keep your child out of the cross fire of divorce and be clear and concise with your lawyer. DO NOT stretch any truths or make up any stories because it could come back to bite your case in the end.

Want to learn more about fathers child custody rights? Visit my website http://www.winchildcustodysecrets.com to learn helpful tips and information on how to win your child custody battle.

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Divorced Dads Tips – How to Prepare for Family Court

By Danny Guspie -

DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.

There are two ways for a divorced dad to look at the time spent preparing in Family Court:

(1) You can either approach the experience with the attitude you’re just spinning your wheels and wasting time and money

or

(2) You can do your homework and learn your way around the Family Court system in order to prepare for your own court successful appearances.

Do you need to guess which strategy the successful divorced dad chooses? No way.

I’ll let you in on a secret you may not know about Family Court: People are predictable. Judges will reach for the same solutions again and again. If you spend time observing what happens in Family Court you will see that there is a lot of predictability to the processes once you learn who’s involved.

Learning who your Family Court Judges are and how they run their courtroom and how they decide things is imperative if you want to win in Family Court.

A divorced dad would do well to spend some time watching the action in court and learning their court inside out, including the judges. Like a boy scout, he should be prepared for anything the judge might throw at him.

In the early 1990′s there used to be a man who was a frequent guest on the Larry King Show named Gerry Spence. He wrote a book called How to Argue and Win Every Time. The principles in that book were inspiring to me when I was in the thick of Family Court struggles. He listed several laws that are at the core of every winning argument, and I will share a five of them here.

(1) Before you even begin, you must believe that you are capable of making a winning argument. When you truly believe that, present your case and always argue from the heart. If you argue from the heart, you are telling the truth. The truth in this context is hard to beat because it is so infectiously compelling and persuasive.

(2) Remember that winning is getting what you want, but it also means helping others get what they want.This means divorced dads need to look for a way to compromise.

(3) Learn that words are a weapon and can be used in hostile combat. In Family Court, inflammatory words are not a wise choice. The judges hear this type of thing day in and day out and it does not leave them with a favorable impression.

(4) Know that there is a biological advantage of delivering the truth. Certain chemical reactions occur in the body when a person tells the truth, and others can pick up on it.

(5) Assault is not argument. Attacking your opponent does not mean that you are arguing. It usually signals fear of losing an argument

I’ll share the next four principles of How to Argue and Win in Family Court Every Time in my next article.

During my divorce, I wished for a divorce roadmap. That’s why we created a weekly telewebcast, to help men like yourself.

If you’ve lost in Family Court, don’t give up. There is always hope. You’ve likely lost because you didn’t understand that winning requires effectively “waging peace” for your children.

If you base your game plan and strategies upon those of successful fathers, you will improve your chances of success immeasurably. You need help from dads who have done what you are trying to do.

Danny Guspie Executive Director of Fathers Resources International can help you learn the successful strategies of fathers who have won in Family Court. Join us on our weekly calls at http://www.DivorcedDadWeekly.com where we will share with you what has worked for many successful divorced dads.

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Divorced Dads Tips – Winning in Family Court Requires Clarity

By Danny Guspie -

DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.

Winning in Family Court Requires Clarity, especially when you are a divorced dad.

The first step to winning in is to clarify and define your goals. If you don’t define your goals, someone else will, and you could end up with results that you probably won’t be happy with. Remember this: Your child needs you more than ever. Being a winner means making peace for your kids, even when it hurts. So, plan with your end result in mind. You do have options and you do have rights.

The words Fathers’ rights are not dirty words. Fathers are natural protectors of their children. Men can be good parents, and they have a right to be treated as good parents in the court system. But you have to act that way. People are not what they say, they are what they do.

I have seen really good men and women who struggle to be the best parents they can be under the difficult circumstances of separation, divorce and the costs of enormous legal fees in Family Court. And I’ve seen plenty who can’t afford a lawyer.

But ask yourself no matter what gender you are – don’t you want to be with your child? Haven’t we raised the awareness of equality issues to a point where young boys who grew up in the last four decades expect equal treatment? Fathers, once they enter into Family Court, are under constant assault. You need a new set of skills to deal with these problems.

For example, men fail to recognize that when a woman makes the decision to go to Family Court, she didn’t make it overnight. Usually, she has made it over a long period of time.

The unfortunate ugly truth is this: When you’re a man served with Family Court papers, you’re soon to be ex is not “your best friend” nor does she need to be rescued from her perspective. If you don’t understand that and you try to “rescue her, you could find yourself facing a restraining order.

Find some people who have already been where you are who can explain things to you, who can mentor you, guide you, and coach you. And who have found REALLY GOOD lawyers.

Your children deserve a family at peace. As parents it is your job to provide that. Your child has the right to your love and protection. But also recognize that justice begins in your heart, mind and soul. It’s not often found at the end of a Family Court judge’s gavel. Sadly, litigation is part of the equation…

Never let anyone tell you that you are no longer a parent to your child because you’re a Dad. The most important part of finding your direction is to find out where you are so that you can begin to move forward.

Be observant enough to recognize when things are going poorly in your relationship with your child’s mother. Get the help necessary to plan an exit strategy well before Mom out maneuvers you to your child’s great disadvantage. Act with Clarity; Begin with the end result in mind.

Learn how to wage peace on behalf of your child during great provocation. It’s an easier skill to acquire when you don’t deny the reality of your situation. Accept that you have rights too.

During my divorce, I wished for a divorce road map. That’s why we created a weekly telewebcast, to help men like yourself.

If you’ve lost in Family Court, don’t give up. There is always hope. You’ve likely lost because you didn’t understand that winning requires effectively “waging peace” for your children.

If you base your game plan and strategies upon those of successful fathers, you will improve your chances of success immeasurably. You need help from dads who have done what you are trying to do.

Danny Guspie Executive Director of Fathers Resources International can help you learn the successful strategies of fathers who have won in Family Court. Join us on our weekly calls at http://www.DivorcedDadWeekly.com where we will share with you what has worked for many successful divorced dads.

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Understanding False Allegations of Domestic Violence and Abuse and Your Rights Against Them

By Dennis Gac -

This day and age, women know that if they scream “abuse” to the court systems, they will automatically get temporary custody of the kids until the issue goes to court. This can happen at any time, whether it be during a separation, divorce case, or even out of the blue if you obtained custody in courts and all of a sudden, she decides that she wants it back. But don’t let false allegations get you down-you can fight it, and it’s important to know the technicalities involved.

First off, demand proof. Even though what your wife is doing is essentially hearsay, a Judge will still strongly consider any emergency ex parte restraining order that comes across their desk. Abuse and violence, when it comes to kids, is something that shouldn’t’ be taken lightly, but if you do not make a statement against her initial complaint, you may look guilty. But at the same time, fighting too hard makes you look like you’re covering it up. If the abuse or violence issue is an underlying issue of a divorce case, don’t let it throw you off track. State that you did not commit such issues, that there is no proof, and move forward with the divorce case. There is a fine line between looking guilty and looking like you don’t care. Tread forward lightly with any allegations of abuse.

Know your rights and responsibilities when it comes to restraining orders. If your ex-wife has a temporary restraining order against you, but calls you up and says she’s coming over to drop off/pick up some of the children’s things, don’t fall for it-this can put you in violation of the court order, which she could use against you.

And last, consider fighting back. If the allegations are false, sue your ex, her attorney, and anyone else involved for defamation of character. This might be enough to get your ex-wife to back off and no longer pursue the issue. More of a scare tactic than anything, but has been very effective for fathers in the past facing similar issues.

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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Paternity and Fathers’ Custody Rights – Challenging Paternity Claims

By Caleb Jonsun -

In custody and child support laws, the presumption is that you are the father of a child if you were married to the mother at the time the child was conceived or born. If later on, you find out that you are not the biological father of the child, and you want to be discharged of your joint custody and child support obligations, you must present evidence in the contrary. A DNA test will be your best weapon to challenge a paternity claim filed by the mother.

Genetic tests, more commonly known as DNA tests, are the quickest, least expensive and most accurate method to determine a child’s paternity. This technique can be used when you are seeking to be discharged of any child custody and support order. When the DNA test comes back negative, and you were not married to the mother at the time of conception, the paternity claim filed by the mother will be dismissed. If the test results are positive, the mother is entitled to seek future child support payments, as well as unpaid child support payments since the date the child was born.

Generally, you only have one year from the child’s birth date to challenge paternity. The reasoning behind this is that the more time elapsed, the stronger the bonds are with that child. Many states refuse to disestablish a paternity and custody decree because it is not in the child’s best interest to terminate the parental relationship of a man who discovered several years later that he is not the biological father. In these states, you can’t stop your parental responsibility, even when a DNA test proves that the child is not yours, because it is considered to be emotionally harmful.

Although promoting a healthy relationship between a legal (non-biological) father is a commendable goal, some states are now adopting a new approach to solve this type of situation. These family courts refuse to preclude the presumptive father (the man married to the child’s mother) from being able to challenge a paternity suit when the child is more that one year old, just because it might cause some emotional harm to the child. The truth is that a paternal-child relationship of many years will not necessarily be affected because it just turned out that the child is not yours.

The non-biological father that files a complaint challenging a paternity proceeding within or apart from a divorce process that can establish that he is not the biological father of the child will be discharged of having to pay child support from the date he filed the complaint.

Find out more information about paternity and learn how Custody X Change can help you stand up for your father’s custody rights.

Article Source: http://EzineArticles.com/?expert=Caleb_Jonsun
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Issues Affecting Monetary Child Support Amounts

By James Witherspoon -

Child support is essential to a functioning society. Without the existence of child support and the laws backing the enforcement of it, single parents across the country would be left with minimal or no monetary help in addition to their own income when raising a child.

This form of monetary support is either mandated by a child support order issued by the family court that is managing a couple’s divorce or it is issued independently in the case of parents who were never married. In certain cases in which the child does not live with either parent, both parents may be ordered to pay a certain amount to the third party that cares for the child or children–this may be a grandparent or other friend or family member who volunteered to care for the children.

The calculation of support varies from state to state, but the following things are almost always taken into account:

  • The specific needs of the child/children, including health insurance, education, day care and any special needs such as medical conditions that may make caring for the child more expensive
  • The income and personal needs of the custodial parent
  • The income of the non-custodial parent, as this will directly affect the amount that he or she is able to pay.
  • The number of children the non-custodial parent is already supporting
  • The standard of living the child was accustomed to before the divorce or separation

Once a child support order is sent out, the non-custodial parent is legally obligated to pay the issued amount each month. Failing to do so can have great legal ramifications including fines and even prison in certain cases.

To find out more about calculating child support, visit the website of the Conroe divorce attorneys of Garg & Associates, P.C.

James Witherspoon

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http://EzineArticles.com/?Issues-Affecting-Monetary-Child-Support-Amounts&id=4667892