Monday, May 21, 2007

Robert and Rob EQUAL parenting bike trek!

Fathers to ride over 600 miles for Equality in Parenting Rights!

From daddyblogger.com

It is official! August 11th 2007 Robert Pedersen and Rob Mackenzie will start their over 600 mile bicycle trek from the Lansing Capitol to Washington, D.C.. This will be an intense multi-day bike trek through numerous states ending in Washington, D.C. where they will be greeted by thousands of people attending the national rally in Washington, D.C. on August the 18th.

It is simply amazing that two fathers are going to attempt this trip all in the name and support of shared parenting! They do this to protect a child's right to EQUAL time with BOTH fit parents! Many elected officials and supporters will see the riders off at the Lansing Capitol and thousands will greet them in Washington, D.C.

Follow this link for the entire story:
http://daddy.typepad.com/daddyblog/2007/04/robert_and_rob_.html


www.dedicatedfathers.org

Friday, May 18, 2007

Family Court: Preparing for your Divorce Case

Preparing Your Divorce Case


www.dedicatedfathers.org

Step 1: KEEPING A JOURNAL

Immediately upon knowing you will be going into family court (or when you think you are heading into family court), one of the first and most important things you need to start doing is keeping journal of all significant events concerning you, your children, your finances and the other parent.


More often than not, each time you go to your divorce or child custody hearings you will need to provide a statement as to specifically what you want and justification for why you should get it. This written statement is called your “declaration.” The information in your declaration is taken directly from your written journal as outlined above.


In family court, some judges will not listen to what you have to say verbally. They will rely totally on what you have written in your papers and what the other parent has written in their responsive papers. Therefore, writing your declaration may be a very critical part of whether or not you get what you are asking for, which makes your journal entries extremely important to your case.



Step 2: PREPARING TO WRITE YOUR DECLARATION

Stay away from bringing up negative issues about the other parent, it usually makes you and not the other parent, look bad in the eyes of the court. However, many times in response to issues raised by the other parent, you will need to respond by bring up negative issues. Likewise, many times the only way to show a substantial change of circumstances affecting the best interest of your child is to bring up negative issues about the other parent. However, be very careful in the way you bring up those negative issues.


Only bring up negative issues IF you can show, demonstrate or prove how it directly affects your child or your relationship with your child - otherwise, leave it alone.


The cardinal rule of bringing up negative issues is that you always, always, always, label the negative issues as “CONCERNS.” Example: “I am concerned that every time I go to pick up our child, the other parent is never at home. I believe this confuses our child and allows our child to believe I have not come to see them and do not care about them, which is simply not true and not in our child’s best interests.”



Step 3: WRITING YOUR DECLARATION

Your declaration is simply your very clearly written statement of what has happened, including all dates whenever possible, which clearly provide the court with the reasons and justifications for the order you want the court to make. Every request you make needs to have a reason or justification for it. The judge knows absolutely nothing about you or your case. You need to bring the judge up to speed about your case very quickly (they don’t have much time to review each case, maybe 5 to 10 minutes at most).


Whenever possible, attach proof or evidence which supports what you are writing. If you do not have the proof or evidence, then state where such evidence is located. Some ideas as to proof or evidence may be pictures of you and your children enjoying your time together, statements from witnesses who have seen you interact with your children, time cards showing when you actually work, letters from teachers or church leaders as to your involvement with school and church. Get creative, but be able to back up your claims.



Step 4: THE COURT FILE

You will want to ensure you have an exact copy of the court divorce file, which you can get from the County Clerk at your family courthouse. Your court divorce file is needed so whomever is assisting you can see what has happened so far in your case.


Also, there are many times wherein something which has happened before will prevent you from bringing up the same issues again - a review of your court file will let you know this information. Additionally, there are many times wherein new or different paperwork is required based on what has happened before - again, a review of your court file will let you know this information.


Therefore, you will want to keep and maintain an up-to-date court file at all times.



Step 5: CHILD SUPPORT AND SPOUSAL SUPPORT (ALIMONY)

It is in your best interests to start getting copies of all canceled checks made for any kind of support you have paid and ensure you make copies of both the front and the back of those checks. Additionally, ensure you put on the check itself on the bottom left hand “comments” section that the check is for “child support” or “spousal support.”


IF YOU CAN’T PROVE YOU HAVE PAID IT, YOU OWE IT !

Never, ever pay any type of support in cash. Why? Because there is no way to prove the other parent received the money if you do not have a copy of the other parent’s signature and deposit notations from your canceled check.



Step 6: MAINTAIN ORGANIZED FILES OF EVERYTHING

You will eventually have numerous files about your divorce or child custody case which you will want to maintain and keep organized at all times. Some of the files you will want to keep are as follows:


A) One file for all correspondence with the other parent kept in chronological
order;

B) One file for all correspondence with your attorney and/or paralegal kept in
chronological order;

C) One file for all correspondence with the other parent’s family law attorney kept in chronological order;

D) One file for all correspondence with the state agency collecting support
payments kept in chronological order; and

E) One file of all proof of all payments made for support (including both the front and the back of canceled checks).

Step 7: CONSULTATION WITH AN ATTORNEY AND/OR PARALEGAL

Armed with all of the information as outlined in Step 1 through Step 6 above, you are now ready to consult with a family law attorney, paralegal and or support organization about your divorce or child custody case.


One last thing:
"Not everything that is faced can be changed, but nothing can be changed until
it is faced." ---James Baldwin


By: Marvin Chapman

Order the Dedicated Fathers Audio Series Today!

Thursday, May 3, 2007

Child Abuse, Divorce, and Child Custody

ALLEGATIONS OF CHILD ABUSE
Divorce & Child Custody (part 2)

By: Marvin Chapman
www.dedicatedfathers.org

In the California Family Code Section 3027.1 it states the following:

“If a court determines...that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose reasonable money sanctions, not to exceed all costs incurred by the party accused as a direct result of defending the accusation, and reasonable attorney’s fees incurred in recovering the sanctions, against the person making the accusation.”

In over 26 years in the family court arena, I have never experienced nor have I ever heard of any judge actually determining someone has knowingly made a false allegation of child abuse.

Pretty amazing fact when you consider the following:

Outside of family court: Independent third parties are generally the ones making the allegations.

Outside of family court: Mothers are found responsible for 49% of child abuse cases (with fathers, other relatives and strangers making up the other 51%).

Inside family court: By an overwhelming majority, it is mothers who make allegations against fathers [even though statistically, the mother has a higher probability of committing abuse (49% of all cases as shown above). This fact is totally ignored in family court.

Inside family court: The vast majority of the allegations can not be verified or validated; however, the father is almost always treated as guilty from day one.

Research shows that upon the accusation of child abuse in family court, the presumption of guilt is taken for granted by the majority of attorneys and judges. Therefore from the onset, an accused father is treated as though he were guilty. As indicated in Part 1 of this Allegations of Child Abuse section, in family court (divorce court) child abuse allegations require no proof, no validation, no verification, no police reports, nor any other tangible evidence - the mere unsubstantiated allegation will do.

Research also shows mothers often obtain sole custody of the children, terminate or severely restrict visitation with the father, then request an increase in child support due to the reduced time the father has with his children. All of these consequences tearing apart the restructuring family, severely damaging father-child relationships, injuring the father emotionally, and many times destroying the father financially. All of this trauma built around unfounded false allegations. With such devastating consequences you would think family courts would be more pro-active in going after those who make false allegations. Unfortuantely for the families involved, not only do the courts not go after those making false allegations pro-actively, they don’t go after them at all!

The author of this article, Marvin Chapman, has a great website devoted to fathers rights and divorce. Why not check it out?
Visit www.unitedfathers.org

Defend Your Rights Today!
Order the Dedicated Fathers Audio Series Now!