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Family Court Reform and Parental Rights

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Our family courts are expected to operate in the ?best interest of the children" in cases brought before family court judges. <br />
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?But it is not traditionally the sole criterion-much less the sole constitutional criterion... ?The best interests of the child? is not the legal standard that governs parents' or guardians' exercise of their custody: So long as certain minimum requirements of child care are met, the interests of the child may be subordinated to the interests of other children, or indeed even to the interests of the parents or guardians themselves.? -- Reno v. Flores, 507 U.S. 292 (1993)<br />
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Millions of Americans who have been through a contested divorce or custody proceeding in the family court systems across the US are acutely aware that injustice is served at the whims of the attorneys and other "profiteers" of the family court system. Unfair custody and parenting time, lifetime alimony, child support calculations based on income rather than actual need, paternity fraud, parental alienation, false allegations with no repercussions, complex legal processes and rules, and numerous other issues not only violate the Constitutional and civil rights of the unfortunate litigants, but serve to contribute to the further denigration of families and leave parents and children emotionally, spiritually and financially damaged for many years into the future.<br />
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The US Supreme Court has gone so far as to assert:<br />
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?We have little doubt that the Due Process Clause would be offended ?if a State were to attempt to force the breakup of a natural family, over the objections of the parents and their children, without some showing of unfitness and for the sole reason that to do so was thought to be in the children's best interest.?? -- Quilloin v. Walcott, 434 U.S. 246 (1978) <br />
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?More important, historically it has recognized that natural bonds of affection lead parents to act in the best interests of their children.? -- Parham v. J. R., 442 U.S. 584 (1979)<br />
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Furthermore, experts in child development agree that in the absence of substantiated abuse, shared parenting is better for children:<br />
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"There is a consensus that neither the discretionary best interests of the child standard nor sole custody or primary residence orders are serving the needs of children and families of divorce. There is a consensus that shared parenting is a viable post-divorce parenting arrangement that is optimal to child development and well-being, including for children of high conflict parents." -- Edward Kruk, Ph.D., First International Conference on Shared Parenting, May 2014<br />
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Yet every day in courtrooms across the US, the rights of parents and children are violated by unconstitutional orders and unfair judgments due to unnecessarily complex and costly adversarial processes that make divorce not only more difficult than necessary, but also create long term financial and emotional impacts on parents, children, and society as a whole.<br />
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The divorce process and the accompanying pain and suffering that many families endure is something we don't often like to talk about and taking a stoic and dismissive attitude toward those who feel slighted in the process is perpetuated by a society that fails to recognize the long term and sometimes life-long impact of the dissolution of a family unit. Even less talked about is the role that some attorneys, legislators and other agents of the court take in perpetuating these problems, sometimes unknowingly, but often purposefully to increase their own personal profits or organizational revenue.<br />
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These policies and practices are not only unethical, but violate the very oaths taken by attorneys, legislators and other agents of the court to uphold the Constitutional rights of those they are hired to serve. Fortunately however, there are protections built into our system that if invoked will better protect the rights of parents and families of divorce. We The People call upon Congress to take action to reform family courts across the US by investigating and addressing the following issues:<br />
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1. Conduct an investigation into the policies and practices conducted in the family courts across the US and by the American BAR Association. Individuals found to be in violation of their oaths of service shall be reprimanded or removed and recommendations shall be made for long term reform. Of particular concern are abuse of judicial discretion, failure to provide equal protection and due process, failure to adjudicate cases in a timely manner, and failure to uphold Constitutional rights of parents to determine what is in the best interest of their own children.<br />
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2. Conduct an investigation into child custody laws, practices, and long term impacts. Provide recommendations for updates to state law that are consistent with Supreme Court rulings that uphold the rights of each parent to have essentially equal, ongoing, and meaningful relationships with their children. True 50/50 equal and joint custody and decision making should be the default in all states unless a parent is determined to be unfit or agrees to another arrangement.<br />
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3. Conduct an investigation into child support and alimony (spousal support) laws and rulings. Advise and direct courts to develop new policies and practices that adequately provide for the basic financial needs of children being cared for by one or both biological parents not living in the same household, without violating the inalienable financial or property rights of either biological parent. True 50/50 financial responsibility for children based on USDA national guidelines on the cost to raise a child should be assumed unless otherwise agreed upon by the parents.<br />
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4. Conduct an investigation into the impact of The Violence Against Women Act, it's effectiveness, and how gender discriminatory policy impacts practices, policies, and judicial decisions in family court and the American justice system. Federal and state laws and programs must be consistently and fairly written and enforced to provide equal protection under the law for both men and women in family court and in programs intended to protect families and children from domestic violence.

Post Public Comments

Public Comments (4,715)
2 days ago
Vincent P. from Langhorne, PA writes:
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Why does it cost do much just to see my children?
Sep 22nd, 2017
Michelle S. from South Bend, IN writes:
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This Is A MUST!!! My Family of Military Veterans, Ex Husband, Current Boyfriend and millions of Brave Upstanding Soldiers sacrificed their lives for this Great County to Uphold the Constitution and the Bill of Rights of Every Single U.S. Citizen. To Not Ensure accountability is upheld and prosecution occurs against these people who commit Treasouness Criminal Acts Against the People for their heinous actions would Be Spitting on the graves of dead soldiers and a grave insult to all who have served. A direct insult and spit in their face to those veteran soldiers still living in this corrupt world and those who continue to serve both at home and boots currently on the ground abroad. STOP THE INJUSTICE, STOP THE CORRUPTION, SAVE INNOCENT CHILDREN AND FAMILIES, EVIL DOES NOT DISCRIMINATE, ALL ARE VULNERABLE UNLESS THIS IS STOPPED!!!!!!!!!!
Sep 21st, 2017
Someone from Clarksburg, WV writes:
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I am a former US born HONORABLY discharged veteran. I was given a divorce in Dale Co AL DR 2002.223.01 from Sgt Daniel Jesus Chacon based on deception as he lied about his marital status and on our marriage license. In 99 he was ordered by Coffee Co AL DR 98-240 returned his children to AK as he refused to return them to the mother, they had never been to AL before and they had no jurisdiction and their was a Alaska WICCA report of her and the children moving there to a homeless shelter due to abuse and her child support rights were assigned to ALaska as they were on public assistance living in low income housing and getting full welfare benefits he was behind over 39,000 in support when his mother removed the children from AK and his parents brought the children to him with a retainer already set and attorney Warren Rowe set to file custody papers as soon as they had them in AL, they purchased school clothing and had him enroll the children in the local school. He forged documents to move on Ft Rucker and his wages wrte garnished. But he in 2005 obtained a security clearance at the same address that he got a garnishment for forgery the house was non existent during this security clearance. He had a 2004 Order to revolk from the SAFE program because the judge ordered him to attend SAFE as he was already on court ordered medication and failed to attend. He had pending DV charges in Dale abd Henry CO's for DV the Dale CO said he didn't get involved in SAFE DV or Child Support as I jad fpund they jad been collecting for his x wife but telling me they couldn't rimd him, charging me for a DJR case and income witholding orders at the Dale Co Court house as well as suggesting I hire a private attorney, Jody Rpwe Thompson didnt tell me she was guarian at Leyden when he took his kids as she worked at her faters firm, she also gailed to mention she was a paid Coffee Co DHR attorney. And no one mentioned Sgt Chacon was a immigrant with a long list of alies and multiple ss#, Not thr DA, the SAFE Program, the House of Rutj, Dale Co DHR as he lied on our sons borth certificate the date city and county and the Army who issued our child military ID cards under both. I pulled Dale co Alacpurt up after a investigation at Ft Stewart told me je was born in MEXICO. I think this would be relevent in a custody case with visitation, and previous child abouse and domestic violence!!!! Not to mention my son has a kidney condition and has NOT been able to secure Tri Care due to fraudulent dates in DEERS and his Dale Co child support could not be collected and is over $100,000,000. Abuse of this kind of power is sick!
Sep 21st, 2017
Someone from Clarksburg, WV writes:
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I am a former US born HONORABLY discharged veteran. I was given a divorce in Dale Co AL DR 2002.223.01 from Sgt Daniel Jesus Chacon based on deception as he lied about his marital status and on our marriage license. In 99 he was ordered by Coffee Co AL DR 98-240 returned his children to AK as he refused to return them to the mother, they had never been to AL before and they had no jurisdiction and their was a Alaska WICCA report of her and the children moving there to a homeless shelter due to abuse and her child support rights were assigned to ALaska as they were on public assistance living in low income housing and getting full welfare benefits he was behind over 39,000 in support when his mother removed the children from AK and his parents brought the children to him with a retainer already set and attorney Warren Rowe set to file custody papers as soon as they had them in AL, they purchased school clothing and had him enroll the children in the local school. He forged documents to move on Ft Rucker and his wages wrte garnished. But he in 2005 obtained a security clearance at the same address that he got a garnishment for forgery the house was non existent during this security clearance. He had a 2004 Order to revolk from the SAFE program because the judge ordered him to attend SAFE as he was already on court ordered medication and failed to attend. He had pending DV charges in Dale abd Henry CO's for DV the Dale CO said he didn't get involved in SAFE DV or Child Support as I jad fpund they jad been collecting for his x wife but telling me they couldn't rimd him, charging me for a DJR case and income witholding orders at the Dale Co Court house as well as suggesting I hire a private attorney, Jody Rpwe Thompson didnt tell me she was guarian at Leyden when he took his kids as she worked at her faters firm, she also gailed to mention she was a paid Coffee Co DHR attorney. And no one mentioned Sgt Chacon was a immigrant with a long list of alies and multiple ss#, Not thr DA, the SAFE Program, the House of Rutj, Dale Co DHR as he lied on our sons borth certificate the date city and county and the Army who issued our child military ID cards under both. I pulled Dale co Alacpurt up after a investigation at Ft Stewart told me je was born in MEXICO. I think this would be relevent in a custody case with visitation, and previous child abouse and domestic violence!!!! Not to mention my son has a kidney condition and has NOT been able to secure Tri Care due to fraudulent dates in DEERS and his Dale Co child support could not be collected and is over $100,000,000. Abuse of this kind of power is sick!
Sep 21st, 2017
Calvin T. from Carlisle, PA writes:
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So sad our court system has let us down. Abolish Title IV-D no incentives to to family courts to traffic our children. Accountability of family courts, support, custody, and equal parental rights.
Sep 18th, 2017
Matt F. from Helena, MT writes:
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We need restorative practices that produce evidence based outcomes. We already have the science and the models to get effective results, but our system is designed to fail right now. We can do much better for far less money if we put childrens needs first!
Sep 18th, 2017
Matt F. from Helena, MT writes:
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We need restorative practices that produce evidence based outcomes. We already have the science and the models to get effective results, but our system is designed to fail right now. We can do much better for far less money if we put childrens needs first!
Sep 18th, 2017
Trudy K. from Bernice, LA writes:
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It is sad that our country is stealing and selling or killing our children. And for those that don't have the money to fight is almost impossible to win. In my case, I am racing with the clock, because of the damage that has been done to my son's health, he now has hospice. Thanks, cps, for protecting our baby to death!
Sep 18th, 2017
Trudy K. from Bernice, LA writes:
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It is sad that our country is stealing and selling or killing our children. And for those that don't have the money to fight is almost impossible to win. In my case, I am racing with the clock, because of the damage that has been done to my son's health, he now has hospice. Thanks, cps, for protecting our baby to death!
Sep 18th, 2017
Jamie W. from Humboldt, TN signed.
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