Friday, November 15, 2013

child custody

a court's determination of which parent or relative should have physical and/or legal control and responsibility for a minor (child) under 18. However, child custody also can come up if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison, or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent, or an orphanage or other organization or institution. While a divorce is pending the court may grant temporary custody to one of the parents, require conferences or investigation (in some states, if the parents cannot agree, custody is automatically referred to a mediator, commissioner, or social worker) before making a final ruling. There is a difference between physical custody which designates where the child will actually live and legal custody which gives the custodial parent(s) the right to make decisions for the child's welfare

Read more at: http://legal-dictionary.thefreedictionary.com/Sole+Custody

Courts and Jurisdiction

Most custody decisions are made by family courts. However, where a juvenile court has found that a minor poses a threat to society if current custody arrangements continue, the juvenile court may turn over physical custody to the state. The court may simultaneously issue a so-called CHIPS petition, declaring the "child in need of protective services," if the current custodian is abusive or negligent.
Jurisdiction is an issue that has received much attention. A court has the power to settle a custody dispute if a child lives for at least six months in the location where the court has jurisdiction or if it is demonstrated that the court has the closest connection with the child. All states have adopted the Uniform Child Custody Jurisdiction Act, originally adopted in 1967, which provides that a state's court will not accept a custody case unless that state has original jurisdiction or the state with original jurisdiction relinquishes it. All states have adopted the original uniform law. This law was updated in 1997 with the passage of the Uniform Child Custody Jurisdiction and Enforcement Act, which added a number of provisions for the enforcement of child-custody orders from other states. As of 2003, more than 30 states, including the District of Columbia, had adopted the new law, and several others were considering its adoption. The Hague Convention Treaty provides similar reciprocity between nations that are parties to it (implemented at 42 U.S.C.A. §§ 11601–11610 [Supp. 1993]).

Criteria for Custody Awards

Much debate about Child Custody has focused upon the criteria that the courts use in awarding permanent physical custody in cases where two biological parents disagree. Noncustodial parents of both genders have long charged that judges' decision making is Arbitrary and that it does not focus on the child. In response to this criticism, many states have adopted a standard that places primary emphasis on the best interests of the child. The challenge for courts since the 1990s has been to interpret the standard objectively in the absence of meaningful guidelines.
Policies of the past offer little guidance. Before the late 1800s, fathers had sole rights to custody, because it was closely tied to inheritance and Property Law. Mothers had no such rights. Beginning in the nineteenth century, courts began to award custody of young boys and of girls of all ages solely to mothers on the presumption that mothers are inherently better caretakers of young children.

Unmarried Parents

Where a child's parents were never married, most states provide that the child's biological mother has sole physical custody unless the biological father takes steps to have himself considered for custody. Those steps include obtaining a court's finding of Paternity and filing a petition for custody. In some states, this is a bifurcated (i.e., two-step) process; in others, the two steps are combined. An unwed father usually cannot win custody from a mother who is a good parent, but he may have priority over other relatives, foster parents, or strangers who want to adopt his child.

Read more at: http://legal-dictionary.thefreedictionary.com/Sole+Custody

Divorced Parents

When custody must be spelled out because of a couple's divorce, the custody arrangement usually becomes part of the divorce decree. The decree names the parent with whom the child will live, how visitation will be handled, and who will provide financial support. Courts consider a custody award to be subject to change until the child comes of age, and in most states proof of a "change in circumstances" may overturn an earlier award. This flexibility is intended to allow for the correction of poor or outdated decisions, but it consequentially enables some parents to wage bitter custody battles that can last for years.
In a typical divorce involving at least one child, permanent physical custody is awarded to the parent with whom the child will live most of the time. Usually, the custodial parent shares joint legal custody with the noncustodial parent, meaning that the custodial parent must inform and consult with the noncustodial parent about the child's education, health care, and other concerns. In such situations, courts may order visitation, sometimes called temporary custody, between the child and the noncustodial parent. A clear schedule with dates and times may be written into the order, or a court may simply state that visitation should be reasonable. Child Support is a common requirement and is paid by the noncustodial parent to the custodial parent as assistance in raising the child

Child Custody


Under most circumstances, state laws provide that biological parents make all decisions that are involved in rearing their child—such as residence, education, health care, and religious upbringing. Parents are not required to secure the legal right to make these decisions if they are married and are listed on the child's birth certificate. However, if there is disagreement about which parent has the right to make these decisions, or if government officials believe that a parent is unfit to make the decisions well, then family courts or juvenile courts will determine custody.
District and state courts base their decisions on state laws, which vary greatly among states. If a case challenges the constitutionality of a state law or—in rare instances—a state's jurisdiction (i.e., its right to decide the case), then the U.S. Supreme Court may issue an opinion.



Read more at: http://legal-dictionary.thefreedictionary.com/Sole+Custody

Sole custody

Sole custody arrangements have generally be considered a traditional form of custody for many in the past, however there has been a trend since the 1980s towards joint custody arrangements being more favorable.[1][2][3] Sole custody consists of an arrangement whereby only one parent has physical and legal custody of a child








Read more at: http://en.wikipedia.org/wiki/Sole_custody

5 Signs of Parental Alienation

Parental alienatiois a problem that most often arises when parents engage in bitter and extended child custody litigation. Although intense feelings of anger and mistrust are common when parents are beginning to transition from the tidal wave of emotions surrounding divorce into a co-parenting relationship, most parents experience less anger and anxiety over time as they make efforts to co-parent in a way that is healthier and more productive for the children.

Read more at: http://www.divinecaroline.com/life-etc/5-signs-parental-alienation

PARENTAL ALIENATION SYNDROME FAMILIES

In the mid to late 1970s, in association with the replacement of the tender-years presumption with the best-interests-of-the-child presumption (and the gender egalitarianism incorporated therein), we witnessed a burgeoning of child custody litigation. Fathers who previously had little if any chance of gaining custody now found court support for their quest. Since the late 1970s, in association with the increasing popularity of the joint custodial concept, there was an even further burgeoning of custody litigation. Whereas previously the courts tended to award one parent sole custody and assigned the other parent visitation status, now litigating parents could each hope for a large share of time with the children. In association with what can justifiably be called a custody litigation explosion (which is still going on), I began to see a disorder, which I rarely saw before, that developed almost exclusively in children who were exposed to and embroiled in custody disputes. The primary characteristic of this disorder is obsessive alienation from a parent.
Originally, I thought I was observing manifestations of simple "brainwashing." However, I soon came to appreciate that things were nor so simple and that many other factors were operative. Accordingly, I introduced the term parental alienation syndrome.

Symptoms of Parental Alienation

To prevent the devastating effects of Parental Alienation, you must begin by recognizing the symptoms of PA. You will notice that many of the symptoms or behaviors focus on the parent. When the child exhibits hatred and vilifies the targeted parent, then the condition becomes parental alienation syndrome. After reading the list, don't get discouraged when you notice that some of your own behaviors have been alienating. This is normal in even the best of parents. Instead, let the list help sensitize you to how you are behaving and what you are saying to your children.

1. Giving children choices when they have no choice about visits. Allowing the child to decide for themselves to visit when the court order says there is no choice sets up the child for conflict. The child will usually blame the non-residential parent for not being able to decide to choose whether or not to visit. The parent is now victimized regardless of what happens; not being able to see his children or if he sees them, the children are angry. 
2. Telling the child "everything" about the marital relationship or reasons for the divorce is alienating. The parent usually argues that they are "just wanting to be honest" with their children. This practice is destructive and painful for the child. The alienating parent's motive is for the child to think less of the other parent.


Parental Alienation

After more than 10 years of successful sales of Dr, Darnall’s "Divorce Casualties: Protecting your Children from Parental Alienation", Dr. Darnall has revised the original book with 60% new content. "Divorce Casualties: Understanding Parental Alienation, 2nd Ed (2008)" can be ordered from you local bookstore or from Amazon.com. The new Divorce Casualties has a new chapter “Legal and Ethical Challenges to PA and PAS” that will help address the challenges in the courts about the validity and efficacy of PA and PAS. The book will give guidance to parents that are victims of alienation.

Read more at: http://www.parentalalienation.org/

Parental Alienation Syndrome

Although parental alienation syndrome (PAS) is a familiar term, there is still a great deal of confusion and unclarity about its nature, dimensions, and, therefore, its detection.(1) Its presence, however, is unmistakable. In a longitudinal study of 700 "high conflict" divorce cases followed over 12 years, it was concluded that elements of PAS are present in the vast majority of the samples.(2) Diagnosis of PAS is reserved for mental health professionals who come to the court in the form of expert witnesses. Diagnostic hallmarks usually are couched in clinical terms that remain vague and open to interpretation and, therefore. susceptible to argument pro and con by opposing experts. The phenomenon of one parent turning the child against the other parent is not a complicated concept, but historically it has been difficult to identify clearly. Consequently, cases involving PAS are heavily litigated, filled with accusations and counter accusations, and thus leave the court with an endless search for details that eventually evaporate into nothing other than rank hearsay. It is our experience that the PAS phenomenon leaves a trail that can be identified more effectively by removing the accusation hysteria, and looking ahead in another positive direction.

Read more at: http://fact.on.ca/Info/pas/walsh99.htm

parental alienation

Parental alienation (or Hostile Aggressive Parenting) is a group of behaviors that are damaging to children's mental and emotional well-being, and can interfere with a relationship of a child and either parent. These behaviors most often accompany high conflict marriages, separation or divorce.

Read more at: http://www.parental-alienation-awareness.com/

The Impact of Parental Alienation on Children

I offer the first installment of a three-part series examining (1) the impact of parental alienation on children, (2) the effects of parental alienation on parents, and (3) programs, services and interventions that combat alienation and seek to reunite estranged parents and their children.
What children of divorce most want and need is to maintain healthy and strong relationships with both of their parents, and to be shielded from their parents' conflicts. Some parents, however, in an effort to bolster their parental identity, create an expectation that children choose sides. In more extreme situations, they foster the child’s rejection of the other parent. In the most extreme cases, children are manipulated by one parent to hate the other, despite children’s innate desire to love and be loved by both their parents.

Parental Alienation

Nothing stirs up passions more than the controversy generated when parents are at war over the custody of a child.

     A controversy is an issue where evidence on both sides can make a compelling case. It is never black and white, but when people have their emotions aroused, an issue can quickly turn into two polar opposites.

      Fear takes over reason, incomplete facts become evidence, and court calendars become jammed with repeat visits to a judge to try to bring sanity to what is unlikely to ever be sane. On top of this, social movements are promoting one side over another in their clamor for justice. Politicians are lobbied to pass laws to bring order to chaos. Gender wars are fueled and lives are destroyed.

Read more at: http://www.breakthroughparenting.com/PAS.htm

Parental Alienation

Parental alienation (or Hostile Aggressive Parenting) is a group of behaviors that are damaging to children's mental and emotional well-being, and can interfere with a relationship of a child and either parent. These behaviors most often accompany high conflict marriages, separation or divorce. 

These behaviors whether verbal or non-verbal, cause a child to be mentally manipulated or bullied into believing a loving parent is the cause of all their problems, and/or the enemy, to be feared, hated, disrespected and/or avoided.


Read more at: http://www.paawareness.org/

Parental alienation

Parental alienation is a social dynamic, generally occurring due to divorce or separation, when a child expresses unjustified hatred or unreasonably strong dislike of one parent, making access by the rejected parent difficult or impossible.[1] These feelings may be influenced by negative comments by the other parent and by the characteristics, such as lack of empathy and warmth, of the rejected parent.[2] The term does not apply in cases of actual child abuse, when the child rejects the abusing parent to protect themselves.[3]Parental alienation is controversial in legal and mental health professions, both generally and in specific situations.[4][5] Terms related to parental alienation include child alienation, pathological alignments, visitation refusal, brainwashing, pathological alienation,[6] the toxic parent and parental alienation syndrome[7] though the last term is a specific formulation of a medical syndrome proposed by psychiatrist Richard Gardner that is not well accepted.[8]

Read more at: http://en.wikipedia.org/wiki/Parental_alienation

Friday, June 14, 2013

Fathers march for the right to see their children

June 10th, 2013 (InsideCostaRica.com) A group of about 600 men marched in La Sabana over the weekend, demanding the right to see their children.

According to a spokesperson for the group, the group’s aim is to raise awareness amongst the population and the authorities that fathers’ rights are being denied.  The group claims that women often abuse the legal system by filing false charges against their partners in order to deny men visitation of their children.

Dad never gives bad advice: Sage wisdom from fathers who weren't our own

KALAMAZOO, MI – Dad never gives bad advice.
Ask him. He’ll tell you so.
Even when you know it's wrong, you learn something.
But more times than not, you find yourself down the road saying, “Dad was right.”
Those lucky enough to have two loving parents may notice that Mom is the undisputed ruler and trumpeter of the countless things everyone needs to know to evolve from childhood to become a young adult.
Advice and life lessons from Dad seem to fit in the gaps of that and other learning as you get older. It's provided while you’re passing through the living room, while you’re preening in a new outfit, just before you start the engine, on the drive to practice, after everyone is already angry, and just before you start to climb (up a tree or up the corporate ladder).


Walsh: For Father's Day, support paid family leave

The best thing we can give dads this Father's Day is support for paid family leave.
"Take Time to Be a Dad Today!" exhorts a nationwide public service announcement promoting fathers' involvement with their children. But if the U.S. government really wants to promote fathers' involvement, it should adopt a proven policy: paid family leave.
Around the world, countries have for decades (in some cases for more than a century) had laws that guarantee paid, job-protected leave from work to care for new children or seriously ill family members. A new book called "Children's Chances," published by Harvard University Press, shows that 180 countries now guarantee paid maternity leave under law, and at least 81 guarantee paid leave for fathers upon birth or adoption of a child. The United States is not one of those countries.

Paid leave lets dads build parenting foundation

When Joe Schroeder became a father in February, he did something a lot of working men in the United States only dream of: He took off from work for three months to stay home with his wife and newborn daughter, Alma Lucette.
It was a "blissful" period, he said. He cooked breakfast and dinner nearly every day, something he never does when he's working. He perfected his diaper-changing technique. He took long walks with his wife and daughter around their home of Greensboro, North Carolina, occasionally stopping for lunch.
Best of all, he got to spend hours holding his daughter and getting to know her without pressure to be anywhere else in the world.
"I wouldn't say it was like a vacation; it was all we could do to keep up with having a brand new baby. But I can't imagine doing it any other way," he said.
His experience is far from the norm in the United States, which,unlike most countries in the world, does not provide paid leave for mothers or fathers around the birth or adoption of a child. The nonprofit Schroeder works for falls into a minority of just 11.4% of workplaces in the United States that provides paid leave for its employees, according to Department of Labor statistics.

Shaker Heights teen urges father's release from Chinese prison

CLEVELAND - A northeast Ohio teen whose father is imprisoned in China wants President Barack Obama and members of Congress to seek his release.
Lisa Peng, 16, of the Cleveland suburb of Shaker Heights, traveled to Washington this past week to discuss her father's case with members of Congress. Peng also participated in a news conference organized by about 30 human rights groups to urge the president to seek the release of her father and others they say are political prisoners, The Plain Dealer in Cleveland reported..
Peng says she hasn't seen her father since her seventh birthday party in 2003, but is optimistic.
"I feel nothing but hopeful at this point," she said. Chinese President Xi Jinping.
She had urged the president at his meetings Friday and Saturday with Chinese President Xi Jinping to seek the release of her father and 15 other people the human rights coalition says are political prisoners in Chinese prisons. Senior White House officials had previously said that Obama's discussions with Xi Jinping would include human rights issues as well as economic and military security matters.
A message was left at the White House media affairs office Saturday. There was no answer to calls Saturday to the Chinese embassy in Washington.
Peng says her father, Peng Ming, now 56, was captured in Burma by Chinese agents and sent to prisons where he was beaten and denied medical treatment for a heart attack and kidney stones.
"My father is very hopeful despite almost a decade without medical care," said the high school student who says she communicates with her father in Xian Ning Prison through letters relayed by an uncle in China.


Read more: http://www.newsnet5.com/dpp/news/local_news/oh_cuyahoga/ohio-teen-urges-fathers-release-from-chinese-prison#ixzz2WG6uXLTc

Abortion and fatherhood -- a man's take

A dear friend of mine recently confessed to me that he was the father of one living daughter and four deceased children.  The four were aborted, three with his consent and one without.  My friend said the pain of those deaths is something he copes with on a daily basis.  “The guilt and pain can be overwhelming,” he said.
Another friend still can’t hold back tears, even after 20 years, when he shares that he took his then-girlfriend to Planned Parenthood to erase the “mistake” they made a few months before their wedding.   Now married for two decades and the parent of four other beautiful children, he recounts how his marriage was difficult and tumultuous for years until they sought counseling.  The root of their conflict and strife?  The abortion. 
As we approach Father’s Day once again, more and more men are realizing the impact abortion has not only had on women, but also on themselves.  And the impact is anything but positive.
Abortion didn’t empower women.  It empowered men. 
What’s going on here?  Abortion is a women’s issue and has nothing to do with men, right?  Why are men struggling with the loss of their aborted children?
Because, despite what the law says, fathers are fathers from conception, not from birth. 
The landmark 1973 Supreme Court decision, Roe v. Wade, effectively stripped the father of all legal rights regarding his unborn child. Before that decision, men were fathers from the day their child came into being, at conception.


Read more: http://www.foxnews.com/opinion/2013/06/13/abortion-and-fatherhood-man-take/#ixzz2WG6imVt9

Chelsea Clinton eyes international health schemes in father's foundation, advocates gay rights

Chelsea Clinton says she plans to become increasingly involved in the international health projects of her father's foundation and to speak out for gay rights.
The only child of former President Bill Clinton told The Associated Press that her focus will be on the Clinton Foundation's work in various countries, especially linked to health.
Clinton said Tuesday on the sidelines of a women's conference in Malaysia that she hopes to return to Southeast Asia, specifically Myanmar, where the foundation will work with local authorities to distribute medicine and health products, including HIV drugs and child vaccines, at cheaper prices.


Read more: http://www.foxnews.com/world/2013/05/28/chelsea-clinton-eyes-international-health-schemes-in-father-foundation/#ixzz2WG66hzga

LegalLogs Organizes for Fathers' Rights to Prevent "Deadbeat Dads" from Ineffective Child Custody Resolutions

York, SC -- (SBWIRE) -- 05/21/2013 -- According to LegalLogs, divorce is complicated and emotional, but the issue of child custody can prove the tensest part of the process. Despite continued progress made by those involved in the Fathers’ Rights Movement, many ex-husbands are still victims of custody arrangements that leave them with little visitation rights, yet require high child support payments. In fact, a recent article from The Huffington Post reveals that after divorce, many fathers are quickly classified as “deadbeat dads” for failing to make child support payments, while the custodial parent remains vastly unpunished for preventing visitation from actually occurring.

Although the “deadbeat dad” mark remains a cross for many ex-husbands to bear, LegalLogs recognizes that many of these fathers are not lacking of emotion or support, but rather are victims of a poor divorce settlement or custodial arrangement. Chris Kennedy of LegalLogs explains, “If a father enters the divorce process without adequate preparation, they may fall prey to a typical judge’s decision that inhibits custodial rights and still requires child support.”

The Huffington Post article explains how this common legal decision can impact the lives of divorced fathers long after the marriage is dissolved. According to the article, men failing to pay child support for three consecutive months can face an array of legal consequences. It states, “The offending individual may receive notice that their driver's license is being suspended, their passport is being confiscated, their vehicle is being repossessed, a lien has been placed on their property, or their federal tax return will be intercepted…Jail time, while rare, is still a real and unnerving possibility for many fathers.”

Although LegalLogs recognizes that financial support of a child is critical for both parents to provide, the lack of rights fathers can benefit from in terms of custody present a jarring disparity. The Huffington Post reveals that if a custodial parent prevents a father from rightful visitation, legal protection is much rarer when compared to child support enforcement. The article states, “If an individual is not comfortable or savvy enough to file for enforcement on their own and cannot afford to hire counsel, then they typically are without means to enforce the visitation order.”

Read the rest at http://www.sbwire.com/press-releases/legallogs-organizes-for-fathers-rights-to-prevent-deadbeat-dads-from-ineffective-child-custody-resolutions-254303.htm

The Jeffery Leving Father's Day Special Live Saturday on Power 92.3 FM

CHICAGOJune 13, 2013 /PRNewswire/ -- To turn the tide of fatherlessness, this Saturday, June 15th, Attorney Jeffery Levingwill be dedicating his Fathers' Rights Legal Radio Show on Power 92.3 FM (9:00am – 10:00am CT) to honor all fathers everywhere struggling to celebrate Father's Day this Sunday with their children.  Father's Day isn't just one day, it is a lifelong memory. You can also stream live at http://power92chicago.com to listen to the show. 
This Sunday is set aside to honor and celebrate Father's Day, however, many dads in Chicago and throughout our nation will be spending the day alone. This unfortunate condition is related to the reality that over 50% of children born in Chicago are born out-of-wedlock. This statistic translates into the harsh reality that many of these children will never know their dads. This is not just a vital statistic; but an alarming issue for our nation that needs to be confronted head-on.
The national average statistic is lower, but not by much – 41% of children born in the USA are born out-of-wedlock. This translates into millions of children living absent their biological father. Not good, considering children who live absent their biological fathers are, on average, more likely to be poor, to experience educational problems, become victims of abuse, and are more likely to engage in criminal behavior. But there is hope, because young men are now placing fatherhood and family time at the top of their list of priorities.`      

It’s not too late for shamed sons of civil rights leaders to honor their fathers

As Father’s Day approaches, it’s hard for me to overlook the shameful parade of sons of celebrated leaders in our area who are in jail or on the way to jail for confessed crimes such as bribery, embezzlement and just plain thievery. Their crimes go beyond mere law breaking. The sons dishonored a legacy of public service that their fathers helped build to break down barriers to economic and political progress for African Americans.
The latest inductees to the Political Hall of Shame: Former D.C. Council member Michael A. Brown, who just this week pleaded guilty to accepting $55,000 in illegal funds, some stuffed in a Redskins coffee mug. Former congressman Jesse Jackson Jr., who is awaiting sentencing after pleading guilty to embezzling $750,000 from his campaign funds to purchase such items as a Rolex watch, furs and a fedora owned by Michael Jackson. And then there’s former D.C. Council member Harry Thomas Jr., who is serving time after admitting he stole $355,000 in city money that could have gone to make a difference in the lives of city youths.

Is Forced Fatherhood Fair?

This weekend millions of Americans will happily celebrate the role that fathers play in their families. For some families, though — specifically those in which dad’s role was not freely assumed, but legally mandated — Father’s Day can be an emotionally complicated occasion. And that somewhat messy reality raises a question that is worth examining today as the very definition of parents and families continues to undergo legal and social transformation.
If a man accidentally conceives a child with a woman, his choices are surprisingly few.
Women’s rights advocates have long struggled for motherhood to be a voluntary condition, and not one imposed by nature or culture. In places where women and girls have access to affordable and safe contraception and abortion services, and where there are programs to assist mothers in distress find foster or adoptive parents, voluntary motherhood is basically a reality. In many states, infant safe haven laws allow a birth mother to walk away from her newborn baby if she leaves it unharmed at a designated facility.

If a man accidentally conceives a child with a woman, and does not want to raise the child with her, what are his choices? Surprisingly, he has few options in the United States. He can urge her to seek an abortion, but ultimately that decision is hers to make. Should she decide to continue the pregnancy and raise the child, and should she or our government attempt to establish him as the legal father, he can be stuck with years of child support payments.


Fathers rights campaigner cuffs himself to Children’s Minister

A Fathers 4 Justice campaigner handcuffed himself to Margaret Hodge, the Minister for Children at a family law conference in Manchester today.
Two campaigners approached Mrs Hodge as she was giving a keynote speech and put on the handcuffs at about 10.30am, claiming that they were making a citizen’s arrest.
Fathers 4 Justice said that the two campaigners were Jason Hatch, who scaled Buckingham Palace dressed as Batman earlier this year, and Jonathan ‘Jolly’ Stanesby.

Fathers’ rights to see their children: lawyer Q&A

As Father’s Day draws closer, the event can be a sad reminder for some dads who won’t get to see or even, in some cases, speak to their children this Sunday.
In the last year, proposed changes to the law have placed greater emphasis on the rights of separated and divorced dads.
But there are still many cases in which men are not getting the chance to play a big enough role in the lives of their kids.
Today, family lawyer Marilyn Stowe joined This Morning to answer some of the most common queries from frustrated dads, who simply want to see more of their children but have so far been unable to.
She said: “As a solicitor, my problem is I hear complaints from mums about dads, and complaints from dads about mums. The reality is it is emotional or marital breakdown that causes all these problems, and very often children are caught in-between. And they are used as pawns to get more money or to put pressure on somebody to agree to do something.”
First up, viewer ‘Simon’ emailed the show to ask for help for his problem. His ex-wife refuses to allow him to see the children more than once a week, as her CSA payments would be cut if he did.
“In theory, money and contact are completely separate. In practice, that’s not always the case,” Marilyn explained.

Fine, Would-Be Deadbeat Dads. Here’s A Suggestion For You.

For f***'s sake, I can’t believe the NY Times gave space to the tedious argument that because women have been graciously granted their right to reproductive autonomy (actually, it’s not even remotely gracious), it’s time to deal with the largely imaginary plague of “forced fatherhood”, i.e. women getting pregnant and carrying pregnancies to term against the father’s wishes, and then suing him for child support. This happens occasionally, though compared to men trying to force women to get pregnant against their wills, it’s so rare that it’s comparable to shark attacks in its frequency. My main problem with floating the argument that men should be able to get what “men’s rights” activists (scare quotes because it’s a phrase akin to “white pride” in its purpose and paranoia) call a “paper abortion” is that it’s actually a stalking horse for what they really want, which is to be able to terminate child support but maintain their rights as a father to have a role in their children’s lives. Focusing on “paper abortions” is a way to soften up an audience to the demands of men who want to foist all the responsibilities of child-rearing onto their exes while still getting to float in periodically to be the big hero who takes the kids to Disneyland once in awhile. If you actually go to “father’s rights” forums and websites, you’ll find lots of paranoia about sperm-stealing, but the men who are on the forum almost all are divorced and are bitter about writing child support checks while not getting the sexual and house-cleaning benefits of having a wife.

Read the rest at http://www.rawstory.com/rs/2013/06/13/fine-would-be-deadbeat-dads-heres-a-suggestion-for-you/

Don't deny them the right to be fathers

THERE are unmarried fathers who would love to spend quality time with their children this Father's Day, but are still denied visitation rights or not allowed to see the child.


Many people in South Africa still believe that unmarried and divorced fathers have limited rights to their children and that the mother has the sole right to decide what is best for the child. This is no longer the case.
Fathers who feel that they are not given fair access to their children must seek legal counsel to determine what are their legal rights and responsibilities.
Bandile Motau*, 37, of M section at Umlazi, Durban, is one such father.
Motau says the court granted children custody to his former wife while he was granted visitation rights. But she won't let him near his children.
"She has even changed cellphone numbers and moved house without giving me her forwarding address," he says.
Motau is not alone in this. Many unmarried fathers don't know if they have child custody or visitation rights.
Fortunately, unmarried fathers have the same custody and visitation rights as a divorced father.
In terms of the Children's Act, an unmarried father can acquire parental rights and responsibilities automatically, without the need to go to court, if he complies with conditions set out in section 21.

Father's Day 2013: Dads Must Stand Up For Women's Rights

Father's Day is a good time to honor dads of all backgrounds, particularly those who tirelessly advocate for their kids and their families. But it also offers a moment to reflect on the positive role men can play in women's lives and the crucial opportunity they have to protect women from violence, to ensure that all women are fairly compensated for their work, and to help open doors of possibility equally for our daughters and sons.
The landscape for gender roles in the U.S. has drastically changed over the past half century. A record 40% of women are now primary breadwinners, up from only 11% in 1960. More women than men hold bachelor's degrees and they make up nearly half of the workforce. Among all households with children younger than 18, the share of married mothers who out-earn their husbands has quadrupled since 1960, and the share of families led by single mothers has more than tripled during the same period.
More men are doing their fair share, too: Thirty-two percent of dads now stay at home to care for young children, up from 26% in 2002. According to a 2010 study by Princeton University and the Brookings Institute, an increasing proportion of fathers are highly involved in their children's lives even if no longer romantically involved with their mother. A high proportion of unmarried fathers say they want to be involved in raising their child, and more women than ever want their involvement.


Do Men Need More Rights on 'Forced Fatherhood'?

(NEWSER) – With Father's Day near comes a debate about "forced fatherhood." The phrase refers to guys who get turned into fathers against their will through unplanned pregnancies, explains Laurie Shrage in the New York Times. Men in this situation "have few choices," she writes. It's ultimately the woman's call on whether to have the baby, but her decision could saddle the man with years of child support even though he had no intention of becoming a dad. It's time we gave men more "reproductive autonomy" by providing them with more options, writes Shrage. For example, maybe he contributes only to the medical expenses related to the pregnancy and birth, and the couple goes their separate ways.


Read the rest at http://www.newser.com/story/169488/do-men-need-more-rights-on-forced-fatherhood.html

Father's Rights Advocate Defaces Portrait Of Queen

A British man damaged to a portrait of the Queen in Westminster Abbey in the name of parenting rights forfathers.
The 41-year-old suspect is part of Fathers4Justice, a campaign group fighting for equal parenting rights. While many visitors at the Westminster Abbey were at lunch, Tim Haries spray painted the word "Help" across the oilcanvas-the work of an Australian-born artist, UK's Daily Mail reports.
Haries was wrestled to the ground by guards after he defaced the queen, and held until police arrived to the scene. He was arrested on charges of suspicion of criminal damage worth $5,000 in Euros.
Another member from the Fathers 4 Justice, said that specific portrait was targeted, because her 'badge' is on the wall of "every family court in the country." The campaigner said, "We need equality in the family courts," UK's Daily Mail reports.


Friday, June 7, 2013

Who Gets Custody When the Father is Not on the Birth Certificate?

Question: Who Gets Custody When the Father is Not on the Birth Certificate?
I have a question about unwed mothers and rights to child custody. My baby is now two years old, and the name of her father is not on the birth certificate. We never married, and he wasn't around at the time of the birth. Does this mean that I have sole custody, or do I actually need to file for custody even though my daughter lives with me?
Answer:
It depends on where you live. In some states, like Oklahoma, it is presumed that the mother has sole custody in cases where the parents were unmarried at the time of the child's birth and no father is on the birth certificate.

Prepare for an Upcoming Child Custody Hearing

Going to your first child custody hearing can be scary, especially for parents who are unfamiliar with the child custody process. However, with some advance planning, you can present a convincing case and win child custody.  In addition to working closely with your child custody lawyer, use the following resources to prepare for your case:

Read more at: http://singleparents.about.com/od/preparingforcourt/tp/tips-to-help-you-win-child-custody.htm

Types of Child Custody and Visitation

To best understand your child custody and visitation options, you'll need to become familiar with the terminology used by legal experts. In particular, it's important to understand the distinction between legal custody and physical custody.


Read more at: http://singleparents.about.com/od/legalissues/a/typesofcustody.htm

Child Custody in Arizona

In Arizona, child custody is determined based on a number of factors. However, the main basis for deciding child custody in Arizona is the best interests of the child. In a custody determination, a family court in Arizona will not discriminate against a parent due to the parent's gender. Parents who reside in Arizona and wish to file for custody should first become familiar with the child custody laws in Arizona


Read more at: http://singleparents.about.com/od/childcustodylaws/a/arizona_child_custody_laws.htm

Child Custody Laws in the United States

Each state has different child custody laws. Some states presume that parents have joint custody, while other states do not. In addition, some states presume that in the case of unmarried parents, the mother automatically has custody, while others expect single mothers to file for custody, even if the father is not involved. Click on the name of your state below to learn more about the child custody laws in your jurisdiction.

Read more at:http://singleparents.about.com/od/legalissues/a/custody_laws.htm 

Child Custody in New Jersey

Family courts in New Jersey consider several factors when determining child custody. Parents who wish to file for child custody in New Jersey should first become familiar with the custody statutes in this state.