Thursday, May 05, 2005

CA - Shared Parenting Bill AB 1307 Defeated

May 3, 2005

Shared Parenting Bill AB 1307 Defeated in Assembly Judiciary Committee despite massive popular support. Assemblyman Mervyn M. Dymally, the bill's principal author, says he will be bring the bill back next year.

Sad day in California! Keep your heads up... Now they are aware. Let us all support shared parenting.

Sunday, May 01, 2005

Support California Shared Parenting Bill AB 1307

AB 1307 will clarify California law and create a clear presumption that parents equally share in the responsibility of joint custody of their children unless there is clear evidence that it would not be in the children’s best interest.

California children of divorce often see one of the two people they love most in the world pushed to the margins of their lives. AB 1307 protects children's relationship with both parents by making it clear that parents come before the family law court with equal rights to and responsibilities for their children.The current system creates unnecessary litigation and added conflict between parents as they jockey to position themselves in the most favorable light for the court. By equally respecting the bonds children share with each of their parents, AB 1307 encourages co-parenting and cooperation between divorced couples.

Research clearly establishes that shared custody creates better outcomes for children emotionally, educationally, and financially. CSPA believes that in most cases children's interests are best served when their rights to have a relationship with both parents is protected.
AB 1307 will soon be voted on by the Assembly Judiciary Committee. Whether you are a resident of California or not, we urge you to use our quick, easy-to-use form below to send a letter to the members of the California State Assembly Judiciary Committee.

April 26, 2005 - Over 1,500 CSPA Supporters Call, Fax and Write the Assembly Judiciary Committee in support of AB 1307, the new California Shared Parenting bill.
To send a letter to the members of the California State Assembly Judiciary Committee, click here.

Wednesday, April 27, 2005

HB 221 is NOW LAW!

Governor Sonny Perdue signed HB 221 April 22, 2005 at 10:am. Thanks to all of your hard work, HB 221 is now law.

Press Release: April 22, 2005

"During the 1st term of Georgia’s 2005-2006 General Assembly, important legislation to reform Georgia’s out of date child support guidelines was passed in both the House and Senate by a wide margin and signed by the Governor today. The new law will replace an “obligor only” model that was based on a 1982 economic study from the University of Wisconsin and hastily adopted in 1989 by the Georgia General Assembly under pressure of loosing federal funds. Currently, only 3 states in the U.S. use this outdated way of calculating child support and those laws are under scrutiny."

Georgians Child Support Reform for more of the press release!

For full text of HB 221, versions etc, visit:

Way to go Georgians!

Ex-CPS Investigator speaks out

"I just read your article, Remember 'Innocent Until Proven Guilty' This July 4! and I also visited your website. Until six months ago I was a Texas CPS investigator for years. I understand how intrusive and upsetting it can be to be falsely accused of abuse or neglect of a child. Fortunately for the families in the Counties I served, our investigators were not overzealous or likely to abuse their power simply because a parent was rude or uncooperative."

Read on here! to see what else he says about what needs to happen to correct some Child Protective Service policies and false reports.

Sunday, April 24, 2005

More Losers than Winners...

Countless websites deal with divorce, custody and other family-law topics. A great many of these are put up by persons outraged at what they've gone through in their own experiences in court. Among sites with a reformist focus, many align themselves with one or another camp among family roles: thus there are sites that focus on husbands' legal woes and those that focus on wives'; sites for custodial and for non-custodial parents, for birth parents, for adoptive parents and for adoptees; and so forth. Yet dissatisfaction with the legal system's handling of family breakup, and outrage at exorbitant costs, tactical gamesmanship, judges with too much arbitrary power, unreliable expert opinion, and outright perjury and invention, are themes that weave through sites from all sides. Indeed, one lesson from comparing a variety of sites is that innocent parties of every sex, age and condition are victimized by legal hardball -- and that the process produces many more losers than winners.

author: unknown

Archives of Family Law in "Overlawyerd" site.

Children Witness Abuse

October 31, 2004
Update: "Letting Children Witness Abuse Not Ground for Taking Them"
Welcome news from New York's highest court: "A battered woman's failure to prevent her children from witnessing her own abuse does not automatically give protective agencies license to remove the child, the New York Court of Appeals ruled Tuesday in a groundbreaking opinion." (John Caher, New York Law Journal, Oct. 27). Four years ago (see "Battered? hand over your kids", Jul. 12, 2000) the New York Times reported that city child protection authorities were removing children from homes in which one parent was found to have committed an act of domestic violence on the other, including such actions as slaps and shoving. "The rules encourage victims of abuse to conceal it, fearing their kids will be taken from them if they tell medical or social workers." Update Dec. 19: New York City agrees to change policy.

from "Overlawyerd"

Tuesday, April 19, 2005

50/50 Custody?

Interesting article! Food for thought....

It is long, but worth reading, especially at the end of the article.

Due Process

What do you think due process means?

This article is a discussion concerning our constitution and judicial systems due process in law . Great article and quite long, but great read on due process.

Due Process of Law

How does due process enter in our family laws?

How does due process enter in our law enforcement agencies?

What are your rights? Your family's rights? Your children's rights?

Thursday, April 14, 2005

My Story

How’s Your Credit?

These days your credit plays a very important roll in determining your ability to obtain financing, employment, housing, transportation, dental work, education, and numerous other things you do in life.

There are several factors that happen in life that can destroy your credit. Here are some of those factors:

Health - both self or family
Identity Thief

Any one or a combination of these factors can literally render you helpless and give you the inability to help yourself, your children, or your family. Not only does this have a great effect on you as a person; it also affects your whole family emotionally, mentally, and physically. I know… I had three of those factors hit me within a 5 month period and another within the year! That’s four within a year!

So??? this is a fact of life! Why are you telling me all this Randy?

Because of the effects it can have on you and your family. It devastated me and my family. It caused a windfall of events in which I had almost no control over; yet, it happened in short like this.

The divorce alone almost financially and emotionally devastated me and my family. Three weeks after the divorce was final, I got laid off from my job. A 75% reduction in income almost immediately!

I made attempts to reduce my child support. The child support was higher than my monthly unemployment check. I failed miserably to get it changed, and was denied by reason of wrong court procedure. Which was due to advice of my ex’s attorney, who requested that I wait a few months to see if I “land” employment; thus, I was requested to do a fiat to reduce the child support. I had no idea what the attorney was talking about, it was the day before the court hearing. I did as he requested…

That was one of the biggest mistakes I have ever done in my life. That mistake alone caused me over 6 eviction attempts from my apartment within a year, a judgment that was later dismissed, loss of two vehicles, defamation of character and called a “deadbeat dad”, loss of contact for over two years from one of my own children, an onslaught of belittlement and harassment based on exalted expectations and abuse of taking advantage of family laws, and an unfair arrearage that will take me years to pay.

On top of this, a teenager broadsided me in an intersection four months after the divorce, which resulted in knee surgery less than a year later, and I was disabled for a period of time. Meanwhile, I still had to look for job! Finally, after the unemployment ran out, I was able to get food stamps so I could feed my children when they were with me. I also did some handyman chores from friends, and received tremendous support from my family

I was expected to pay child support on income I didn’t earn anymore, pay health insurance I couldn’t get, give my children a place to sleep and feed them while they were with me, get a job you deadbeat! In an economy where IT work was almost nil. Hire an attorney that will charge $175 an hour with a $2500 retainer, make payments on two vehicles with full coverage insurance (one vehicle one of my teenagers drove), pickup and deliver my children…. Well, I could go on…

What’s my point here? My credit was devastated due to some factors listed above. I can handle that responsibility and I will recover and more; however, I was deceived and intentionally misdirected by an attorney (actually two, just didn’t go into that one), defamation of character, my rights as a parent and my children’s rights were violated, I couldn’t even file bankruptcy because I didn’t have a JOB! A relationship between a child and parent was dismantled, of which has taken years just to get it heading the right direction.

Thus, adding upon me an insurmountable amount of emotional and mental stress and abuse. Because my credit is so bad, I am unable to financially help my child in college, let alone the other younger children. We do what we can, tomorrow will bring another opportunity.

Yes... with the rights violations, bad economy, an accident, defamation, harassment, betrayal of professional abuse in the family law court system, even the way the family laws are written, they all produced a cascade of events that almost rendered me helpless to assist and support my children. Yet, I am the obligator and now an obligee to one of my children who came to live with me. Who doesn't receive child support due to arrearage I pay out on income I didn't earn. I do have a wonderful, loving and supportive wife now, a great number of friends, and a family who still loves me. By the way, I did “land” a contracting job with no benefits for about half of what I used to make, plus some great ideas for the future.

So, I am standing back up again… my credit does show the record that has cost me more than enough heartaches for a life time, and now it launches me forward to the forthcoming years of taking on the responsibility of recovery, and with a determination to unite a change for our childrens' sake.

So, how is your credit?

Child Support Arrearage?

Do you have arrearage in child support?

Is your arrearage because of?

  • Military duty
  • Laid off from employment
  • Loss of employment
  • Workman’s Comp.
  • Accident
  • Disability
  • Long period of Illness
  • Hospitalization
  • Change of Job
  • Change in income
  • Death
  • Change of Custody
  • Jail time
  • Incorrect child support calculations

Maybe you have a cause of arrearage that is not list here. Tell us your story.

Email Me

Child Protective Services / Department of Social Services

  • Have you ever been investigated by child protective services or DSS? Why?
  • How did cps/dss contact you? What did they tell you?
  • Were you able to audio or video record your sessions with cps/dss?
  • Do you know who reported you? Why?
  • What was their determination?
  • How did they handle your case?
  • How long were you under investigation?
  • Did you go to court?
  • How did the judge handle your case?
  • How were you and your children treated?
  • Were you and your children separated? If so, how long were you separated from your children?
  • Did you seek legal counsel?
  • Do you believe you got affordable and fair counseling from a legal professional?
  • Do you believe your rights and/or your children’s’ rights were violated during this process?

    Tell us your story.

    Email me

Wednesday, April 13, 2005

Are you next? CPS story

When Child Protective Services Calls

Author: Pacific Justice Institute
Janet, a devoted homeschooler, never thought she had very much to worry about. After all, she always thought of herself to be an above-average mother. She spent lots of time with her children and filed her private school affidavit as required by state law. Unfortunately, Janet was completely unaware of the growing threat to her family autonomy. It struck suddenly.

She received a call from Child Protective Services, who asked for an appointment to visit her and her children. It was to be a visit solely to follow up on a phone call they had received from a concerned neighbor. It would only take a few minutes.

Janet agreed to let CPS come to her home a couple days later to ask some questions of her. There was little hesitancy because, after all, she was a good mother and had nothing to worry about. Later that week CPS showed up with two law enforcement officers. They had a warrant to enter the premises and take her three children for some questioning. Janet was not told where they were taken nor when she would see her children again. Sound absurd?

This wont happen to me? Are you sure? Are you and your family next?

What can you do if this happens or you get a call from CPS?

There are some things you can do!

Read more
Thanks! Pacific Justice Institute for your help!