Mosquito Report Parent Information Report
Mosquito Report Parent Information Report
Report
In the interest of public integrity of the judicial branch of the United States of America
mosquitoreport@yahoo.com
Wise Old American Indian saying: Be like the mosquito small, fast, annoying, persistent, inflects pain, and
swarms. Join us in building a swarm to bring back integrity and accountability to our justice system. Forward this
report to everybody you know. Pick up your phone and pen and call your legislators. Please unite your efforts
under the cause to STOP CHILD ABUSE FOR PROFIT. Send us your information to include in this report. Expose the
TRUTH!
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or
many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny"
(James Madison, Federalist No. 48, Feb. 1, 1788).
What this means: Stop voting for attorneys entering legislative service. Our constitution clearly state a separation
of power must be maintained with the executive, legislative and judicial branches. It is professional misconduct for
practicing judicial members to seek legislative office. The public has no enforcement of these laws to protect the
public interest. Look at the campaign funding and you will find a large portion coming from other legal
professionals, this is called self promotion. To stop corruption of our laws by profit seeking self interests of judicial
members the public must enforce the separation of power laws and impeach or have judicial members resign from
the judicial branch. (This is the root cause of corruption.)
Public officials sworn to uphold the United States Constitution and our laws are neglecting
their responsibility to the public. It is the duty and responsibility of concerned patriots to
protect liberty and the rights of the people. It is our right to demand accountability and if
necessary pickup arms to overthrow a corrupt government.
We have public outcry and this is one example uniting under the tea party movement:
Thomas Paine video: http://www.youtube.com/watch?v=jeYscnFpEyA 9,545,216 views (Aug. 10,
2010)
We have public outcry in the form of militia being formed by patriots to demand accountability this is one
example:
Armed Rally: http://www.rtcwesternrally.org/Home_Page.php
“The probability that we may fail in the struggle ought not to deter us from the
support of a cause we believe to be just.” (Abraham Lincoln, 16th President)
Our Children deserve your united efforts to protect the future of our children’s rights. Children are our greatest
asset.
Acknowledgements
The Mosquito report represents the struggle and achievements of thousands of parents (patriots) and
organizations that have paved the way for changes in our family law system across the United States. Sadly many
parents have taken their own lives for having no place to turn for help. We want to express our deepest regret to
their families and friends for their loss. These losses are a direct result of our family law system exposing children
and parents to two known issue. These public servants are knowingly and willfully placing children and parents at
risk of mental disorders. We intend to correct this wrong and hold public servants accountable for placing their
funding needs above human life. United we can stop this loss of human life.
In addition our country has turned its back on our armed service personnel and their special needs at a
stressful time. We want everybody to know how our government is allowing military personnel to return from
deployment with Post Traumatic Stress Disorder (PTSD) without providing treatment. Our government knowingly
exposes our troops to many risks that create long term health and mental health issues. 50% of the homeless in the
United States are veterans. Our veterans have served our country with honor and many are returning to face family
law issues. In 2009 6000 veterans took their own life. Studies are showing a high rate of suicides with our returning
military personnel we seek to correct this wrong. We have victims of Agent Orange that our government turns its
back on. It is time to put our troop’s needs first over money and profit. No child benefits when a parent takes their
own life. No community benefits when it turns its back on a homeless veteran. United we can take care of the
people that have protected us. It is our duty to our veterans in their time of need.
We acknowledge the negative impact litigation has or will have on your family’s assets. Patriots are victims
of a very complex organized system of funding social programs. This system will or has knowingly and willfully
suppressed you. We ask that you stand up and expose the truth. Build your energy level back up and do what you
can in a positive way to hold these public servants accountable. Your rights have and will be violated to aid the
family law system to obtain funding.
We pray that this report will aid in preventing this from happening in the future. The Mosquito report has
been assembled to provide the resources needed to provide hope and support and gain access to children. United
we can protect the public interest against corruption that places funding above human life and our veterans needs.
Get involved.
We thank each and every patriot and organization for their input to this public effort. We thank everyone
for the fight and sacrifices they have made. We want to show our armed service personal that we hear them. We
want to give them our highest praise for protecting our way of life and our children’s rights to access both parents.
We want to thank all parents for exposing Judicial Misconduct and Professional Misconduct of attorneys profiting
and preying on parents struggle to access their children. We want to thank every citizen for taking the time to help
make legislative changes that parents need. We want to thank each and every person who will join us making calls
and writing letters for legislative change, you are not alone with your struggle, and here is the information patriots
need. Let us protect the future of our children and the American Family and STOP CHILD ABUSE FOR PROFIT. We
seek to correct these wrongs against the public interest. A vote to remove a lawyer out of our legislation is a good
start.
Conclusion:
Set the goals for fundraising and secure resources to achieve the funding. Use many sources of recruitment for
fundraising and provide easy to use forms and links to receive funds. Have a clear defined plan for fundraising with
many tiers and sources to stabilize income.
Separation of power “ The Problem” and how it relates to family law
Stop voting for Attorneys to enter public office. Take a look at their campaign funding and you will find the
legal profession self promote each other into office. The campaign funding trail demonstrates how this takes place
it is available to the public (online) ask where in your state. Key committees on the state and federal level are
controlled by judicial members (lawyers) effectively placing one class of Americans in control of our society. As of
this date the Unite States Senate Judiciary oversight committee is made up of 19 members 13 are lawyers. Our
form of government (federal and state levels) has three branches each service a control purpose. They are the
executive branch (president’s and governor’s veto power), the legislative branch (Senate, House creates laws),
judicial branch (enforcement of laws). Fact the Constitution of the United States clearly demands a separation of
power. Many state’s Constitutions also demand a separation of power. The purpose was to provide a balance to the
people. As we elect more members of the Judicial branch into the legislative branch the basic balance of our
society becomes imbalanced. With no balances, corruption expands for lack of controls and oversight. It is common
knowledge that attorneys do not prosecute each other for misconduct. Remember it is misconduct for an attorney
not to report misconduct. As misconduct rules become overlooked and the duty of the legal profession for self
enforcement is neglected corruption expands. No self enforcement of judicial members truly exists to protect the
public’s interests. Today there are approximately 1.3 million attorneys (potential gatekeepers) in the United States
and this is less than 1/3rd of 1%percent of our total population. Such a small amount of people has seized control of
our form of government. The public must demand public oversight of the Judicial Branch and hold them
accountable to our laws.
The above might sound like no big deal on the first glance but think about how it affects every aspect of
our lives. We will focus on family laws and protection of our children. As an example in the state of Maryland we
have a “gatekeeper” she is a delegate that practices family law and has become the “go to” person with family law
matters in the general assembly. She also sat on the attorney grievance commission and has sat on listening events
for the access to justice hearing events. She has presented Bills for the determination of child custody in Maryland.
What she doesn’t want the public to know is that her co-counsel on a case has defended a child pornography
defendant. This is a true conflict of interests first she makes her living from laws she is creating, second she
associates with defenders of child pornography, third she accepted input to her Bill from the defender of child
pornography, forth the Bill presented are not in the best interest of the public, fifth she is promoting the profit
seeking interests of her profession over the public’s. During the access to justice hearings she listens to public
outcry for mediation and to remove children from custody issues.
The impact of a single “gatekeeper” can block the interest of the public. As the example above shows a
gatekeeper can also be anybody who “trashes” important information and prevents the decision maker from
making a proper judgment on the issue. A simple way to test for gatekeepers is to send letters to your legislators,
after a few days call the legislator to see if the letters have been received and presented to your legislator. If no
letters have been received, you have a gatekeeper problem.
The enforcement of professional misconduct is the duty of the judicial branch. However it is a known fact
that attorneys will not report misconduct on another attorney. The way to expose this is to simply bring two
collaborating witnesses to an attorney’s office and inform the attorney of misconduct or a criminal act of another
attorney. You must meet the threshold of “Probable Cause” with your information and documents. Remember it is
the responsibility of the profession to enforce the rules of professional misconduct. Read your states rules of
professional misconduct and document and expose it in the public’s interests. We are seeking public oversight of
the Attorney Grievance process for the neglect of the professions responsibility to enforce misconduct. Educate
your legislators and file legislative grievances and demand public oversight of the judicial branch in your state.
Attorneys verses Pro Se
Learn about free legal clinics, pro se projects and you law libraries in your state. Learn how to represent
yourself in order to avoid litigation. Always interview attorneys for free do not pay a fee for the interview. The
“right to counsel” is your right under the sixth and fourteenth amendment. If you cannot afford an attorney ask for
accommodations and have one appointed. What you need to know is that you have the right to timely hearings (To
be heard) so get to know the assignment office of the court. Attorneys will delay and schedule hearings so you have
to pay additional fees. Keep your hearings within your needs not the needs of the attorney or courts profit seeking
objective. Known bias exists for represented litigants. The courts abuse the unrepresented (Pro Se) litigant and
deny access to justice with the courts abuse of discretion.
If you enter litigation demand a trial by jury first thing and remember attorneys provide a service to you
they work for you. Yes they have to make a living but do not sign retainers that allow them to charge for large
blocks of time. Review the fee structure be carefully and negotiate items to make them reasonable. Most attorneys
charge their hourly rate when they make copies; travel time, phone calls and research etc. document your dealings
with them to protect yourself. Always provide a 1099 to them for tax purposes and get receipts for each payment
you make. Read the rules of professional misconduct and expose any violations. A common tactic used to protect
the legal profession is to discredit parents and suppress opposition with expensive litigation. Their objective is to
get a list of assets quickly so they know how much they can strip with legal fees and associated experts. The pattern
is to single out a parent and discredit them the main tool they use is your children. What I mean by this is the legal
profession does not produce a product they provide a service. They provide a service that in many cases for
something they have created. This is the very definition of extortion used to create a conflict for the increased fees
for their services. We need to have more public oversight of the judiciary branch and its members. CREATE public
outcry with your General Assembly and Congress for public oversight.
2. Since courts currently award joint custody as it relates to the decision-making abilities of parents, the courts are
rarely presented with a true and accurate picture due the contentiousness of divorces, the adversarial climate of
family courts, and their historically biased custody rulings favoring a single parent (mothers) in 88% of
cases.
3. Current law requires trial courts to make findings on requests for joint custody. Instead there should be a
statutory presumption of joint physical custody. Trial courts should make findings on reasons for not
awarding joint physical custody.
4. Where trial courts must determine custody under existing child custody factors, mothers receive sole physical
custody in the overwhelming majority of cases. Fathers are required to separate motion separately for visitation
(parenting time) in order to exercise their parental responsibilities.
5. Joint custody awards should not necessarily reflect the voluntary distribution of parental involvement in an
intact household prior to divorce. The environment of a two-household, non-intact family will place new
demands upon parents and children alike.
6. A joint physical custody award will practically guarantee a greater involvement of both parents in the lives and
activities of their children. Typical visitation (parenting time) awards hamper the involvement of both parents in
their child's development post divorce. Custody awards to unmarried mothers seldom involve adequate child
visitation of fathers.
7. The definition of an unfit parent is easily defined by the U.S. constitution and upheld by the U.S. Supreme
Court. This definition is limited to physical, psychological, or child abuse. If parental unfitness were to be
defined by current Maryland domestic violence statutes, it would be so broad that few parents (married or
otherwise) would be deemed fit to parent.
8. There are indeed times when joint physical/legal custody is not in the best interest of the children, but these
times are the exceptions and involve actual physical, psychological, or child abuse.
9. These changes will dramatically reduce the documented bias of custody awards by state trial courts. Further it
will reduce litigation and its associated costs. Further it will preserve the marital assets for the minor children.
10. These changes will encourage both parents to remain accessible to their children. Court discretion can be
utilized to determine specific physical custody durations based upon circumstances. Presumption of 50/50 for
physical custody.
11. MARYLAND CASE LAW: In Maryland there is case law already established Kimberly Boswell v. Robert G.
Boswell (Boswell v. Boswell, 352 Md. 204, 721 A.2d 662(1998)) quoted from court clarifying the best interest
standard:(b) in making a determination of legal and physical custody under this subtitle, the court shall give
primary consideration to the best interest of the child. Reasonable maximum exposure to each parent is
presumed to be in the best interest of the child. The Maryland Court of Appeals overruled this decision and
stated as part of their decision, “We seek to clarify that only one standard is used in determining whether to
restrict parental visitation in the presence of non-marital partners, bests interests of the child, but we also
want to emphasize that when a court is engaging in a best interests analysis, reasonable maximum exposure
to each parent is presumed to be in the best interests of the child.” (352 Md. 204, at 214.) This language was
important as it was the first time a Maryland state court has mentioned any presumption towards both
parents, at least in any published opinion.
Some have claimed that Boswell was really a case about gay rights, and only nominally discussed this issue of a
presumption towards maximum reasonable exposure. For a time, it seemed that the courts were also treating
Boswell in such a manner. However, we have recently found a 2007 Court of Special Appeals case applying
Boswell. In Gordon v. Gordon (174 Md.App. 583, 923 A.2d 149 (Md.App., 2007).), the Court of Special
Appeals took up the case of a father who was attempting to modify a custody order to have the time split 50-
50. While the court ruled that 50-50 was not the meaning of maximum reasonable exposure, the court did
report favorably on the presumption first articulated is Boswell and did not rule that this presumption was just
dicta. Furthermore, the court noted that the custody arrangement currently in place for the Gordons afforded
Mr. Gordon every other weekend from Thursday night through Monday morning and Wednesday morning
through Thursday morning on alternate weeks. It should not go without noting that the one published case
citing Boswell’s presumption language had a custody arrangement that was much more equitable than most.
Court Frye test Rulings Relevant to Parental Alienation for the UNITED STATES (2 States)
The Frye Test is the standard by which a court can determine whether a scientific contribution has gained enough
general acceptances in the scientific community to be admissible in a court of law. The Frye Test criteria for
admissibility were applied to The Parental Alienation Syndrome in the following cases:
Kilgore v. Boyd, 13th Circuit Court, Hillsborough County, FL., Case No. 94-7573, 733 So. 2d 546 (Fla. 2d DCA
2000) Jan 30, 2001.
o Boyd v. Kilgore, 773 So. 2d 546 (Fla. 3d DCA 2000) (Prohibition Denied)
o Court ruling that the Parental Alienation Syndrome has gained general acceptance in the scientific
community and thereby satisfies Frye Test criteria for admissibility.
Bates v. Bates 18th Judicial Circuit, Dupage County, IL Case No. 99D958, Jan 17, 2002.
o Court ruling that the Parental Alienation Syndrome has gained general acceptance in the scientific
community and thereby satisfies Frye Test criteria for admissibility.[excerpt]
Court Rulings relevant to Parental Alienation (22 States)
Alabama
Berry v. Berry, Circuit Court of Tuscaloosa County, AL, Case No. DR-96-761.01. Jan 06, 2001
Alaska
Pearson v. Pearson, Sup Ct. of AK., No. S-8973, No. 5297, 5 P.3d 239; 2000 Alas. Lexis 69. July 7, 2000.
Arkansas
Chambers v. Chambers, Ct of App of AR, Div 2; 2000 Ark App. LEXIS 476, June 21, 2000.
California
Coursey v. Superior Court (Coursey), 194 Cal.App.3d 147,239 Cal.Rptr. 365 (Cal.App. 3 Dist., Aug 18, 1987.
John W. v. Phillip W., 41 Cal.App.4th 961, 48 Cal.Rptr.2d 899; 1996.
Valerie Edlund v. Gregory Hales, 66 Cal. App 4th 1454; 78 Cal. Rptr. 2d 671.
Colorado
Oosterhaus v. Short, District Court, County of Boulder (CO), Case No. 85DR1737-Div III.
Connecticut
Case v. Richardson, 1996 WL 434281 (Conn. Super.,Jul 16, 1996).
Metza v. Metza, Sup. Court of Connecticut, Jud. Dist. of Fairfield, at Bridgeport,
1998 Conn. Super. Lexis 2727 (1998).
Florida
Schutz v. Schutz, 522 So. 2d 874 (Fla. 3rd Dist. Ct. App. 1988).
Blosser v. Blosser, 707 So. 2d 778; 1998 Fla. App. Case No. 96-03534.
Tucker v. Greenberg, 674 So. 2d 807 (Fla. 5th DCA 1996).
Berg-Perlow v. Perlow, 15th Circuit Court, Palm Beach County, Fl.,Case no. CD98-1285-FC. Mar 15, 2000.
o An exceptionally strong family court decision in which five experts testified to the diagnosis of PAS.
Loten v. Ryan, 15th Circuit Court, Palm Beach County, FL., Case No. CD 93-6567 FA. Dec 11,2000.
Kilgore v. Boyd, 13th Circuit Court, Hillsborough County, FL., Case No. 94-7573, 733 So. 2d 546 (Fla. 2d DCA
2000) Jan 30, 2001.
o Boyd v. Kilgore, 773 So. 2d 546 (Fla. 3d DCA 2000) (Prohibition Denied)
o Court ruling that the Parental Alienation Syndrome has gained general acceptance in the scientific
community and thereby satisfies Frye Test criteria for admissibility.
McDonald v. McDonald, 9th Judicial Circuit Court, Orange County, FL. Case No. D-R90-11079, Feb 20, 1001.
Blackshear v. Blackshear, Hillsborough County, FL 13th Jud. Circuit: 95-08436.
Illinois
In re Violetta 210 III.App.3d 521, 568 N.E2d 1345, 154 III.Dec. 896(Ill.App. I Dist Mar 07, 1991).
In re Marriage of Divelbiss v. Divelbiss, No. 2-98-0999 2nd District, Ill.(Appeal from Circ Crt of Du Page Cty No.
93-D-559) Oct 22, 1999.
Tetzlaff v. Tetzlaff, Civil Court of Cook County, Il., Domestic Relations Division, Cause No. 97D 2127, Mar 20,
2000.
Bates v. Bates 18th Judicial Circuit, Dupage County, IL Case No. 99D958, Jan 17, 2002.
o Court ruling that the Parental Alienation Syndrome has gained general acceptance in the scientific
community and thereby satisfies Frye Test criteria for admissibility.[excerpt]
Indiana
White v. White, 1995 (Indiana Court of Appeals) 655 N.E.2d 523. (Ind. App., Aug 31, 1995).
Iowa
In re Marriage of Rosenfeld, 524 NW 2d 212, 214 (Iowa app, 1994).
Louisiana
Wilkins v Wilkins, Family Court, Parish of East Baton Rouge, La., Civ. No. 90792. Nov. 2, 2000.
White v Kimrey, Court of Appeal, Second Circuit, LA, No. 37,408-CA. May 14, 2003.Click here for the Court's
decision.
Michigan
Spencley v. Spencley, 2000 WL 33519710 (Mich App).
Nevada
Truax v. Truax, 110 Nev. 437, 874 P. 2d 10 (Nev., May 19, 1994).
New Hampshire
Lubkin v. Lubkin, 92-M-46LD Hillsborough County, NH. (Southern District, Sept. 5, 1996).
New Jersey
Lemarie v. Oliphant, Docket No. FM-15-397-94, (Sup Crt NJ, Ocean Cty:Fam Part-Chancery Div) Dec. 11, 2002.
New York
Rosen v. Edwards (1990) Tolbert, J. (1990), AR v. SE. New York Law Journal, December 11:27-28.
The December 11, 1990 issue of The New York Law Journal [pages 27-28] reprinted, in toto, the ruling of Hon.
J. Tolbert of the Westchester Family Court in Westchester Co.
Karen B v. Clyde M., Family Court of New York, Fulton County, 151 Misc. 2d 794; 574 N.Y. 2d 267, 1991.
Krebsbach v. Gallagher, Supreme Court, App. Div., 181 A.D.2d 363; 587 N.Y.S. 2d 346, (1992).
Karen PP. v. Clyde QC. Sup Ct of NY, App Div, 3rd Dept. 197 A.D. 2d 753; 602 N.Y.s. 2d 709; 1993 N.Y. App. Div.
LEXIS 9845.
In the matter of J.F. v. L.F., Fam. Ct. of NY, Westchester Cty, 181 Misc 2d 722; 694 N.Y.S. 2d 592; 1999 N.Y. Misc.
LEXIS 357.
Oliver V. v. Kelly V., NY Sup. Ct. Part 12. New York Law Journal Nov. 27, 2000.
Sidman v. Zager, Family Court, Tompkins County, NY: V-1467-8-9-94.
Ohio
Sims v. Hornsby, 1992 WL 193682 (Ohio App. 12 Dist., Butler County, Aug 10 1992).
Zigmont v. Toto, 1992 WL 6034 (Ohio App. 8 Dist Cuyahoga County, Jan 16, 1992).
Pisani v. Pisani, Court of Appeals of Ohio, 8th App. Dist. Cuyahoga Cty. 1998 Ohio App. Lexis 4421 (1998).
Pathan v. Pathan, Case No. 96-OS-1. Common Pleas Court of Montgomery County, OH, Div. of Dom Rel.
o Pathan v. Pathan, C.A. Case No. 17729. Ct. of App. of OH, 2d Dist., Montgomery County; 2000 Ohio
App. Lexis 119. Jan. 21, 2000
Conner v. Renz, 1995 WL 23365 (Ohio App. 4 Dist., Athens County, Jan 19, 1995).
State v. Koelling, 1995 WL 125933 (Ohio App. 10 Dist., Franklin County, Mar 21, 1995).
Pennsylvania
Popovice v. Popovice, Court of Common Pleas, Northampton Cty, PA. Aug 11, 1999, No. 1996-C-2009.
Texas
Ochs et al. v. Myers, App. No. 04-89-00007-CV. Ct. of App. of TX, 4th Dist., San Antonio; 789 S.W. 2d 949;
1990 Tex App. Lexis 1652, May 16, 1990.
Virginia
Ange, Court of Appeals of Virginia, 1998 Va. App. Lexis 59 (1998).
Waldrop v. Waldrop, in Chancery No. 138517. Fairfax County Circuit Court,(Va., April 26, 1999).
Washington
Rich v. Rich, Sup Ct, 5th Dist. Case No. 91-3-00074-4 (Douglas County) June 11, 1993.
Wisconsin
Janelle S. v. J.R.S., Court of Appeals of Wisconsin, District 4. 1997 Wisc. App. LEXIS 1124 (1997).
Fischer v. Fischer, Ct. of App. of WI, Dist. Two, No. 97-2067; 221 Wis. 2d 221; 584 N.W.2d 233; 1998 Wisc. App.
Lexis 1534.
Wyoming
In re Marriage of Rosenfeld, 524 N.W. 2d 212 (Iowa App., Aug 25 1994) McCoy v. State 886 P.2d 252
(Wyo.,Nov 30, 1994).
McCoy v State of Wyoming, 886 P.2d 252, 1994.
The problem with this act is it is being misused and promoted by woman groups (woman caucuses) to
establish unfair advantages in child custody domestic situations. The tactic used is to circumvent child custody and
use and position of marital assets creating a fundamentally unfair advantage against the accused. Misinformation is
routinely used to conceal the truth. The problem is this is a very profitable industry that extends deep into many
aspects of our society. What we need is a simple change to Stop Child Abuse for Profit. Absent abuse neglect and
abandonment no court should be allowed to strip the rights of the children to see both parents. We need several
issues addressed 1) Anger management for both adult parties 2) Mediation 3) Presumption of shared parenting
requiring courts to justify why they strip one parent or the other. 4) Judicial oversight by the public 5) Stiffer
Misconduct penalties for abuse of domestic violence statutes 6) Public reporting of Misconduct abuses
Miss appropriation of public funding has become routine with this act and a large percentage of funding is
used in a biased discriminatory fashion in violation of the first amendment. Funding is also misused to pay high
priced executives that routinely lobby against the American family on the state and federal level. We need changes
made to this act to protect both sexes. Deceptions with this act fund low cost attorneys for the victims or false
accusers we need statistical information on true acts of violence verses false accusations used to create high
conflict disputes. Public defenders will represent many accused parties both represent negative economic impact
to our communities for the profit of a few. The long term negative impact out weights these profits.
Bradley Amendment
The enforcement of child support clause ties the hands of judges to suspend payments. This has
effectively created a new debtors prison system here in the United States of parents. Their only crime was having a
child with the wrong life partner. What happens is the court imposes child support payments and interest and fees
that can never be repaid. The debtor’s debt continues to go up even when they are imprisoned for non-payment.
There are many stories of good parents being stripped of everything they own to see their children only to end up
in prison. When a child is removed from the parents instincts kick in and the judicial fraud takes place. This
document clearly shows the case laws and the crimes being committed on a routine bases against the public
interest and American family. So what was the problem with the Bradley amendment?
In United States law, , the Bradley Amendment is the common name given to any of a number of
amendments offered by Senator Bill Bradley the most notable of which is the amendment to 42 U.S.C. § 666(a)(9)
(c) which requires state courts to prohibit retroactive reduction of child support obligations. The Amendment was
passed in 1986 to automatically trigger a non expiring lien whenever child support becomes past-due.
The law overrides any state's statute of limitations.
The law disallows any judicial discretion, even from bankruptcy judges.
The law requires that the payment amounts be maintained without regard for the physical capability of
the person owing child support (the obligor) to make the notification or regard for their awareness of the
need to make the notification.
The amendment was intended to correct a perceived imbalance between the power of the obligee (usually the
mother) and the obligor (usually the father) during subsequent child support disputes.
It had been alleged that a significant number of men were running up large child support debts and then
finding a sympathetic judge, often in another state, to erase them. Recent studies have shown that most woman
do not pay their obligations. Often a woman of means simply claims abuse and deadbolts the father away from the
child or children. This is starting to become the norm or status quo many law enforcement officers and abused
person programs are now suggesting the misuse of domestic violence statutes for this purpose. This alarming
trend is creating a systematic way to increase funding for enforcement merely by prosecuting a party. Many
parties are stripped of marital assets and resources to defend themselves properly or worst denied their right to
representation all together.
The issue is how do we correct the problem created with the Bradley Amendment. Simply make an
amendment to allow a judge to suspend the debt. The argument of increased collections of child support
payments has failed and is offset by the negative economic impact of enforcement based on debts that cannot be
collected from a growing prison population in the new Debtor Prisons.
COMES NOW JOHN DOE to make this motion to be allowed to video record, or alternatively, audio record all
hearings in this matter for the following reasons:
2. I cannot afford a court reporter and cannot make accurate notes while attempting to represent myself in court.
4. I need the court’s authorization to bring a recording device into the court house past the security screeners.
WHEREFORE, Mr. DOE requests the court allow him to video or audio record all hearings in this matter.
Respectfully submitted,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the __XX_______ day of ___Month___, Year a copy of the foregoing
was mailed, postage prepaid, to (name of attorney), Esq., counsel for (name of opposition), at (address of
attorney).
______________________________
(your name)
Access to Justice
“The probability that we may fail in the struggle ought not to deter us from the support of a cause we
believe to be just.” (Abraham Lincoln, 16th President)
The public interests have been denied far too long by the predatory practices of the judicial branch of our
government. As the population of legal professionals grows our society cannot support practices that undermine
the very fabric of our society. The productive American Family is prey for these predatory practices. As productive
families are under stress from the economy they do not need to support a parasitic layer of our society with more
rules and regulations. Special interest groups lobby for rules and laws to be used for “orderly control” of the public
and competition. The objective is to extract from the public license fees, fines and legal costs to members of the
judicial branch. Think about how many aspects of our lives are being affected. It is common knowledge we have
corruption. What can be done if the very branch we trust to enforce the public’s interests has a conflict to protect
us? (They need to make more money.) Judicial members do not belong in the legislative branch and the
constitution demands separation.
One tactic used against the public is simply to make access to justice to expensive. It is common
knowledge attorneys charge high fees for their services. In many cases legal professionals charge more than
productive members of our society such as doctors, etc. Now add the fees of transcripts, court copies and experts
and very few members of the public have the resources to succeed. Ex parti communication between judges and
attorneys have become the norms of operation excluding members of the public from these conversations.
Protection tactics include court records are lost and tampered with inside our courts! Pro bono or low cost
attorneys routinely “sand bag” clients to meet the agenda of the courts. Many members of the public walk away
from the courts with a feeling of injustice but have no cost effective place to turn. Many members of the public
have tried to expose corruption only to meet prosecution. We have US citizens in exile to other countries because
of this. Please take the time to look into these suppression tactics. Judicial retaliation is a crime under US
racketeering laws defined under TITLE 18 PART I CHAPTER 95 § 1513
We believe the judicial branch needs more public oversight. This branch of our government does not
enforce rules and laws in place to protect the public if it requires prosecution of one of its members. As a self
governing body judges and attorneys are rarely reprimanded for misconduct or criminal acts. Attorneys are sworn
officers of the court and this status places them above our laws. They need to be held accountable for their actions.
We need an organization that protects the public by aiding to complete proper complaints and truly prosecute
allegations. We need public oversight of the judicial branch that truly protects the interest of the public. The
problem is the committees that provide this protection are now controlled by attorneys.
http://www.exiledfathers.org/
http://www.liamsdad.org/
www.parentingandpolitics.org
www.acfc.org
www.crispe.org
www.ancpr.com
http://www.facebook.com/group.php?gid=314667245456 (Veterans for Child support reform- FACEBOOK)
http://www.freewebs.com/vacriminaljustice/
http://groups.yahoo.com/group/VaEQUALParents/
Know the “Enemy”
1. Your anger and being hurt by your opponent can be your biggest enemy. Do not allow yourself to destroy years
of assets over a conflict. Look to preserve your assets to benefit your children. If both parties have assets the
children win. When assets are drained by the legal profession the children lose. It is that simple.
2. In litigation your ex will lie. Their attorney will lie. The facts will be twisted. False accusations will be made. Your
civil rights will be violated. Judges will use their discretion against facts. Your marital assets will be drained by
the system. Make no mistake your ex and the system is your family’s enemy. Your objective should be to seek a
mediation channel outside the court system before entering the system. Only involve attorneys at the last
possible minute to review agreements before signing. Look at sample agreement and forms available on
internet. Use third party mediators like clergy, rabbi, etc. find the common platform to save marital assets from
the legal profession.
3. The Judicial system has created an entrenched system that is structured to take funds from at risk families. The
system results in a huge negative economic impact based on predatory practices of the legal profession. The
fees charged by attorneys, courts, copies, experts and paid public social workers are funded by your conflict. It
is common knowledge that the Family Court system is biased toward woman and represented clients. Judicial
misconduct and professional misconduct are rarely enforced with less than 1% prosecution. Expect dishonesty
by your opposition to go unpunished by a corrupt system. Expose attorney grievances in public record before
filing them.
4. The abused person program is funded by the Federal government (2009 $1.8 billion). This funding is misused
by various shelters and nonprofit organizations to pay for studies and lobby efforts against children’s rights and
equal rights. These organizations promote the misuse of domestic violence as a tactic to gain control in a
divorce. These organizations discriminate against the under privileged, men and provide useless information
for men demonstrating their bias and discriminations. These groups are actively on a misinformation
campaign. Expose and document it. Lobby against these groups funding by sending letters to your delegates.
5. The United States and various state constitutions grant every person the right to participate in government and
civic affairs, speak freely on public issues, and petition government officials for redress of grievances. A
retaliatory tactic used by the legal profession is called SLAPP = Strategic Lawsuit against Public Participation
intended to intimidate and silence critics by burdening them with the cost of legal defense until they abandon
their opposition. These issues must have public interest or social significance.
6. Exposing organized racketeering violations in the interest of the integrity of the legal profession should be the
focus and civic duty of the public. The need for more public over site of the judicial branch exists. The public
must have clear defined enforcement and audit abilities to control corruption and misconduct in the judiciary.
US CODE TITLE 18 PART 1 CHAPTER 96§1951 is a great place to start your research. Protect your family assets
and expose these actions.
7. Know your Delegates and Senators position on shared parenting and do not vote for representatives that are
against this issue. Do not vote for members of the judicial branch (Lawyers, Judges) for state or federal offices.
They do not belong in the legislative branch. This creates corruption at the highest level of our government.
Lawyer campaigns are funded by other lawyers and law firms to obtain power and influence. “James Madison”
hit the nail on the head for this issue. "The accumulation of all powers, legislative, executive, and judiciary, in
the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly
be pronounced the very definition of tyranny" (James Madison, Federalist No. 48, Feb. 1, 1788).
8. Collect and document all information about your enemy.
Document Racketeering
We need to stop predatory practices and the way to start is to prepare an affidavit of the facts of your cases
exposing how attorneys and legal professionals escalated your domestic conflict. We need facts from all states to
present to the Senate judiciary committee for a judicial oversight investigation. Wide spread corruption has
extended into all levels of our government. We simply want to keep the children away from these adult actions.
Keep in mind that when legal professionals make “off record recommendations” that increase the need for their
services it is a form of racketeering. When legal professionals increase their fees for a custody dispute with tactics
of alienation of a parent it is child abuse. Please take the time to tell your story and use the following example
affidavit format and have it notarized. To make it even stronger you can add a witness or several to the document
by having them sign and print their names if you wish. Our objective is to present thousands of affidavits to the
Senate Judiciary Committee
Sample Affidavit
State of Maryland
County of Montgomery
BEFORE ME, the undersigned Notary, ____________________________________________ [name of Notary
before whom affidavit is sworn], on this ____ [day of month] day of ____________ [month], 2009, personally
appeared ___________________________________ [name of affiant], known to me to be a credible person and of
lawful age, who being by me first duly sworn, on _____ [his or her] oath, deposes and says: [set forth affiant's
statement of facts] ___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
I hearby swear or affirm under penalties of perjury that the forgoing factual statements are true to the best of my
knowledge, information, and belief.
__________________________________
[signature of affiant]
__________________________________
[typed name of affiant]
__________________________________
[address of affiant, line 1]
__________________________________
[address of affiant, line 2]
Subscribed and sworn to before me, this _________________ [day of month] day of
_________________ [month], 20____.
[Notary Seal:]
__________________________________
[signature of Notary]
__________________________________
[typed name of Notary]
2. If you have been accused of Domestic violence your life has been changed forever even if not convicted.
Welcome to the “Domestic Violence Registry”. Your name has been entered and it is maintained by the FBI
and other States. You character has been damaged forever by your accuser. This information will impact your
ability to get jobs etc. We have been informed you must prove fraud to be removed but it is very difficult and
made costly. Your income potential has been damaged forever.
http://www.thebostonchannel.com/video/18047516/index.html
3. You must file counter-complaints of any accusation or file false accusation charges quickly. Know that the court
has strict timeframes and you must seek legal assistance quickly. Do not wait on any subject get on the
offensive go on the attack. Get the proof and witnesses you need. Expose any civil rights violations by the
judicial system.
4. Attorneys will not tell you that a simple defense of obtaining a risk assessment report and various other tests
from a licensed psychologist will aid with your defense. There are experts in defense against false accusations.
Dean Tong is one such expert and has been successful for many years. www.deantong.com/ or
http://www.abuse-excuse.com/
5. Seek any means of resolution other than entering the judicial system which will drain family assets. Seek
mediation with third parties to resolve the issues to protect the family’s assets. Protect your assets from the
legal profession. They will escalate issues for their profit and job justification.
6. The Department of Justice “DOJ” promotes and disseminates misinformation about studies to law
enforcement, social works and Judges. Question everything they supply and look for the true facts and science.
The DOJ has created a penal colony of parents that cannot meet their debts. Even if a person is place in jail for
failure to pay child support the debt continues to grow making it in possible to pay. This drives many good
parents into the underground economy. The US outlawed debtor prisons in the 18 th century (1833 President
John Quincy Adams) and yet our largest prison population is for failure to pay child support.
7. Mediate everything you can to lower costs to both parties. So you don’t exhaust family assets in the form of
legal fees. Only hire attorney’s that support Parent’s Rights and practice family law. Provide direction in writing
to avoid conflict with what you want your attorney to accomplish.
8. Interview your perspective attorney. Don’t go for initial consultation if it cost you money. You’re looking to hire
them only if they meet your needs. Otherwise move to the next one. Do not pay them for a job interview.
Remember they will be working for you. Know that attorneys are in business and look for ways to make more
money with your conflict.
9. Know that the justice systems objective is to place a financial burden on a parent for “child support” this can
be abused and used to create debts that never can be erased or paid. When a judge uses a heavy hand and
assesses child support payments retroactive to the filling date. The results is a good parent is place in the new
“debtor prison system”. The only benefit is obtained by the justice system funding objective. The justice system
contracts prisoner workers to various companies at nearly slave wages? This has become a big business and
the justice system is building more prisons in remote locations only accessible by train. Does this remind you of
anything like how NAZI Germany handled prisoners? A change is needed to the Bradley Amendment a 1986
federal law that prohibits retroactive reduction of alleged “child support”. The change that is needed to this
Amendment is to allow the courts judges to use their discretion to suspend in the arrears obligations of
parents. The financial burden the current Bradley amendment places on our society drives good parents into
the underground economy or worst places them in prison. How can this be in the best interest of the children
of America?
10. Know your State Representatives Delegates (3) and Senator (1) and do not vote for them if they do not support
Children’s Rights to both parents and or Parent’s Rights. Call and ask how they stand on these issues. In
Maryland General Assembly (301) 858-3000 Maryland:
http://www.msa.md.gov/msa/mdmanual/07leg/html/ga.html#senate
12. Do not vote for any member of the Judiciary, Lawyers, and judges etc. that seeks to be a member of the
legislative branch. (Delegate or Senator, etc.) "The accumulation of all powers, legislative, executive, and
judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or
elective, may justly be pronounced the very definition of tyranny" (James Madison, Federalist No. 48, Feb. 1,
1788).
13. Study the rules for Judicial Misconduct and Professional Misconduct for your state:
http://michie.lexisnexis.com/ http://www.courts.state.md.us/attygrievance/index.html
http://www.mdcourts.gov/mdatjc/about.html
DISTRICT OF COLUMBIA:
D.C. Code 16-911. Alimony pendente lite; suit money; enforcement; custody of children. (a)(5) and 16-914.
Retention of jurisdiction as to alimony and custody of children. (a)(2) … Unless the court determines that it is not
in the best interest of the child, the court may issue an order that provides for frequent and continuing contact
between each parent and the minor child or children and for the sharing of responsibilities of child-rearing and
encouraging the love, affection, and contact between the minor child or children and the parents regardless of
marital status. There shall be a rebuttable presumption that joint custody is in the best interest of the child or
children, except in instances where a judicial officer has found by a preponderance of the evidence that an
intrafamily offense as defined in D.C. Code section 16-1001(5), an instance of child abuse as defined in section 102
of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Code 6
(2101), an instance of child neglect as defined in section 2 of the Child Abuse and Neglect Prevention Children’s
Trust Fund Act of 1993, effective October 5, 1993 (D.C. Law 10-56; D.C. Code 6-2131), or where parental kidnapping
as defined in D.C. Code section 16-1021 through section 16-1026 has occurred… To determine the best interest of
the child, for the purpose of making a joint or sole custody determination, the court shall consider all relevant
factors, including but not limited to:
the willingness of the parents to share custody;
the sincerity of each parent's request;
the parent's ability to financially support a custody arrangement;
the impact on Aid to Families with Dependent Children and medical assistance;
the benefit to the parents;
D.C. Code 16-911(2)(A) In any custody proceeding under this chapter, the court may order each parent to submit a
detailed
parenting plan which shall delineate each parent's position with respect to the scheduling and allocation of rights
and responsibilities that will best serve the interest of the minor child or children....
(D) The court may also order either or both parents to attend parenting classes.
(3) Joint custody shall not eliminate the responsibility for child support in accordance with the applicable child
support guideline as set forth in section 16-916.1.
FLORIDA:
Title VI, Chapter 61, 61.13. Custody and support of children; visitation rights; power of court in making orders.
5(2)(b)...It is the public policy of this state to assure that each minor child has frequent and continuing contact with
both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to
share the rights and responsibilities of childrearing....
2. The court shall order that the parental responsibility for a minor child be shared by both parents unless the court
finds that shared parental responsibility would be detrimental to the child....
3.(3) For purposes of shared parental responsibility and primary residence, the best interests of the child shall
include an evaluation of all factors affecting the welfare and interests of the child, including but not limited to:
(a) The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.
(c) The capacity and disposition of the parents to provide the child with food, clothing, medical care or other
remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material
needs.
(j) The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child
relationship between the child and the other parent.
(4)(c) When a custodial parent refuses to honor a noncustodial parent's visitation rights without proper cause, the
court may:
1. After calculating the amount of visitation improperly denied, award the noncustodial parent a sufficient amount
of extra visitation to compensate the noncustodial parent, which visitation shall be taken as expeditiously as
possible in a manner which does not interfere with the best interests of the child: or
2. Award the custody or primary residence to the noncustodial parent, upon the request of the noncustodial
parent, if the award in the best interests of the child.
IDAHO: Title 32, Chapter 7, 32-717B. Joint custody.
(1) "Joint custody" means an order awarding custody of the minor child or children to both parents and providing
that physical custody shall be shared by the parents in such a way as to assure the child or children of frequent and
continuing contact with both parents... If the court declines to enter an order awarding joint custody, the court
shall state in its decision the reason for denial of an award of joint custody.
(2) "joint physical custody" means an order awarding each of the parents significant periods of time in which a child
resides with or is under the care and supervision of each of the parents or parties.
(4) Except as provided in subsection (5), of the section, absent a preponderance of the evidence to the contrary,
there shall be a presumption that joint custody is in the best interest of a minor child or children.
(5) There shall be a presumption that joint custody is not in the best interests of a minor child if one (1) of the
parents is found by the court to be a habitual perpetrator of domestic violence as defined in section 39-6303, Idaho
Code.
Section 1 of S.L. 1982. ch. 311 read: "Policy statement. It is the policy of this state that joint custody is a mechanism
to assure children of continuing and frequent care and contact with both parents provided joint custody is in the
best interest of said children."
LOUISIANA: Civil Code, Section 3,
Article 131. Court to determine custody. A. If there are children of the marriage whose provisional custody is
claimed by both husband and wife, the suit being yet pending and undecided, custody shall be awarded in the
following order of preference, according to the best interest of the children:
(1) To both parents jointly. The court shall, unless waived by the court for good cause shown, require the parents to
submit a plan for implementation of the custody order, or the parents acting individually or in concert may submit
a custody implementation plan to the court prior to issuance of a custody decree. A plan of implementation shall
allocate the time periods each parent shall enjoy physical custody of the children and the legal authority, privileges
and responsibilities of the parents....
(2) To either parent. In making an order for custody to either parent, the court shall consider, among other factors,
which parent is more likely to allow the child or children frequent and continuing contact with the noncustodial
parent, and shall not prefer a parent as custodian because of that parent's sex or race. The burden of proof that
joint custody would not be in a child's best interest shall be upon the parent requesting sole custody.
D. For purposes of this Article, "joint custody" shall mean the parents shall, to the extent feasible, share the
physical custody of children of the marriage... Physical care and custody shall be shared by the parents in such a
way as to assure a child of frequent and continuing contact, with both parents. An award of joint custody obligates
the parties to exchange information concerning the health, education, and welfare of the minor child; and, unless
allocated, apportioned, or decreed, the parents or parties shall confer with one another in the exercise of decision-
making rights, responsibilities, and authority.
E. The court shall state in its decision the reasons for modification or termination of the joint custody order if either
parent opposes the modification or termination order.
ARTICLE 132. AWARD OF CUSTODY TO PARENTS
In the absence of agreement, or if the agreement is not in the best interest of the child, the court shall award
custody to the parents jointly; however, if custody in one parent is shown by clear and convincing evidence to serve
the best interest of the child, the court shall award custody to that parent.
SUBPART B. JOINT CUSTODY
335 Joint custody decree and implementation order. A. (1) In a proceeding in which joint custody is decreed, the
court shall render a joint custody implementation order except for good cause shown.
(2)(a) The implementation order shall allocate the time periods during which each parent shall have physical
custody of the child so that the child is assured of frequent and continuing contact with both parents.
(b) To the extent it is feasible and in the best interest of the child, physical custody of the children should be shared
equally... B. (1) In a decree of joint custody the court shall designate a domiciliary parent....
(2) The domiciliary parent is the parent with whom the child shall primarily reside….
(3) The domiciliary parent shall have authority to make all decisions affecting the child unless an implementation
order provides otherwise....
C. If a domiciliary parent is not designated in the joint custody decree and an implementation order does not
provide otherwise, joint custody confers upon the parents the same rights and responsibilities as are conferred on
them by the provisions of Title VII of Book I of the Civil Code.
MONTANA: Title 40, Chapter 4, Part 2. Support, Custody, Visitation, and Related Provisions
40-4-224. Joint custody -- modification -- consultation with professionals
(1) Upon application of either parent or both parents for joint custody, the court shall presume joint custody is in
the best interest of a minor child unless the court finds, under the factors set forth in 40-4-212, that joint custody is
not in the best interest of the minor child. If the court declines to enter an order awarding joint custody, the court
shall state in its decision the reasons for denial of an award of joint custody. Objection to joint custody by a parent
seeking sole custody is not a sufficient basis for a finding that joint custody is not in the best interest of a child, nor
is a finding that the parents are hostile to each other. However, a finding that one parent physically abused the
other parent or the child is a sufficient basis for finding that joint custody is not in the best interest of the child.
(2) For the purposes of this section, "joint custody" means an order awarding custody of the minor child to both
parents and providing that the physical custody and residency of the child shall be allotted between the parents in
such a way as to assure the child frequent and continuing contact with both parents. The allotment of time
between the parents must be as equal as possible; however;
(a) each case shall be determined according to its own practicalities, with the best interest of the child as the
primary consideration; and
(b) when allotting time between the parents, the court shall consider the effect of the time allotment on the
stability and continuity of the child's education.
NEW MEXICO:
Chapter 40, 40-4-9.1 Joint custody; standards for determination; parenting plan.
A. There shall be a presumption that joint custody is in the best interest of a child in an initial custody
determination....
F. When joint custody is awarded, the court shall approve a parenting plan for the implementation of the
prospective custody arrangement prior to the award of joint custody. The parenting plan shall include a division of
a child's time and care into periods of responsibility for each parent....
G. Where custody is contested, the court shall refer that issue to mediation if feasible.
I. Whenever a request for joint custody is granted or denied, the court shall state in its decision its basis for granting
or denying the request for joint custody. A statement that joint custody is or is not in the best interest of the child is
not sufficient to meet the requirements of this subsection.
J. An award of joint custody means that:
(1) each parent shall have significant, well-defined periods of responsibility for the child;
(2) each parent shall have, and be allowed and expected to responsibility for the child's financial, physical,
emotional and developmental needs during that parent's periods of responsibility;
(3) the parents shall consult with each other on major decisions involving the child before implementing those
decisions; that is, neither parent shall make a decision or take an action which results in a major change in a child's
life until the matter has been discussed with the other parent and the parents agree. If the parents, after
discussion, cannot agree and if one parent wishes to effect a major change while the other does not wish the major
change to occur, then no change shall occur until the issue has been resolved as provided in this subsection.
TEXAS: 153.131 Presumption that Parent to be Appointed Managing Conservator
(a) Unless the court finds that appointment of the parent or parents would not be in the best interest of the child
because the appointment would significantly impair the child's physical health or emotional development, a parent
shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of
the child.
(b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is
in the best interest of the child.
The following are some of the best relevant statues from States which prove a strong preference for joint
custody:
ALASKA: Title 25, Chapter 20
Sec. 25.20.100 Reasons for denial to be set out.
If a parent or the guardian ad litem requests shared custody of a child and the court denies the request, the
reasons for the denial shall be stated on the record.
MICHIGAN:
Chapter 722 Sec. 6a. (1) In custody disputes between parents, the parents shall be advised of joint custody. At
the request of either parent, the court shall consider an award of joint custody, and shall on the record the
reasons for granting or denying a request.
GEORGIA: Court of Appeals of Georgia, Case No. A93A0698, 7/2/93 IN the INTEREST of A.R.B., a child
In a unanimous opinion, presiding Judge Dorothy T. Beasley stated: Although the dispute is symbolized by a 'versus'
which signifies two adverse parties at opposite poles of a line, there is in fact a third party whose interests and
rights make of the line a triangle. That person, the child who is not an official party to the lawsuit but whose
wellbeing is in the eye of the controversy, has a right to shared parenting when both are equally suited to provide
it. Inherent in the express public policy is a recognition of the child's right to equal access and opportunity with
both parents, the right to be guided and nurtured by both parents, the right to have major decisions made by the
application of both parents' wisdom, judgment and experience. The child does not forfeit these rights when the
parents divorce.
The A.R.B. case was subsequently heard by the Supreme Court of Georgia, which upheld the Court of Appeals'
finding that, according to public policy of Georgia, joint custody was in the best interests of children when both
parents are fit.
KENTUCKY: Chalupa v. Chalupa, Kentucky Court of Appeals, No. 90-CA-001145-MR; (May 1, 1992).
Judge Schroder, writing for the majority:
A divorce from a spouse is not a divorce from their children, nor should custody decisions be used as a punishment.
Joint custody can benefit the children, the divorced parents, and society in general by having both parents involved
in the children's upbringing.... The difficult and delicate nature of deciding what is in the best interest of the child
leads this Court to interpret the child's best interest as requiring a trial court to consider joint custody first, before
the more traumatic sole custody. In finding a preference for joint custody is in the best interest of the child, even in
a bitter divorce, the court is encouraging the parents to cooperate with each other and to stay on their best
behavior. Joint custody can be modified if a party is acting in bad faith or is uncooperative. The trial court at any
time can review joint custody and if a party is being unreasonable, modify the custody to sole custody in favor of
the reasonable parent. Surely, with the stakes so high, there would be more cooperation which leads to the child's
best interest, the parents' best interest, fewer court appearances and judicial economy. Starting out with sole
custody would deprive one parent of the vital input.
Studies:
Anything other than shared parenting is economically inadvisable from a child support perspective for the children
and for the State.
1. “90.2% of fathers with joint custody {shared parenting} pay the child support due." ( pg. 7, col. 1, ¶ 2,
lines 1 - 2) U.S. Bureau of the Census: 1988
2. Child Support & Alimony: 1989 Series P-60, No.173, 1989 Census - Current Population Report, Issued
September 1991
Case Law
The rights of parents to the care, custody and nurture of their children is of such character that it cannot be denied
without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political
institutions, and such right is a fundamental right protected by this amendment (First) and Amendments 5, 9, and 14.
Doe v. Irwin, 441 F Supp 1247; U.S. D.C. of Michigan, (1985).
The several states has no greater power to restrain individual freedoms protected by the First Amendment than does
the Congress of the United States. Wallace v. Jaffree, 105 S Ct 2479; 472 US 38, (1985).
The U.S. Court of Appeals for the 9th Circuit (California) held that the parent-child relationship is a constitutionally
protected liberty interest. (See; Declaration of Independence --life, liberty and the pursuit of happiness and the 14th
Amendment of the United States Constitution -- No state can deprive any person of life, liberty or property without due
process of law nor deny any person the equal protection of the laws.) Kelson v. Springfield, 767 F 2d 651; US Ct App 9th
Cir, (1985).
The parent-child relationship is a liberty interest protected by the Due Process Clause of the 14th Amendment. Bell v.
City of Milwaukee, 746 f 2d 1205, 1242-45; US Ct App 7th Cir WI, (1985).
The Due Process Clause of the Fourteenth Amendment requires that severance in the parent-child relationship caused
by the state occur only with rigorous protections for individual liberty interests at stake. Bell v. City of Milwaukee, 746 F
2d 1205; US Ct App 7th Cir WI, (1984).
A parent's right to the preservation of his relationship with his child derives from the fact that the parent's achievement
of a rich and rewarding life is likely to depend significantly on his ability to participate in the rearing of his children. A
child's corresponding right to protection from interference in the relationship derives from the psychic importance to
him of being raised by a loving, responsible, reliable adult. Franz v. U.S., 707 F 2d 582, 595-599; US Ct App (1983).
A parent's right to the custody of his or her children is an element of "liberty" guaranteed by the 5th Amendment and
the 14th Amendment of the United States Constitution. Matter of Gentry, 369 NW 2d 889, MI App Div (1983).
Even when blood relationships are strained, parents retain vital interest in preventing irretrievable destruction of their
family life; if anything, persons faced with forced dissolution of their parental rights have more critical need for
procedural protections than do those resisting state intervention into ongoing family affairs. Santosky v. Kramer, 102 S
Ct 1388; 455 US 745, (1982).
The right of a parent not to be deprived of parental rights without a showing of fitness, abandonment or substantial
neglect is so fundamental and basic as to rank among the rights contained in this Amendment (Ninth) and Utah's
Constitution, Article 1 § 1. In re U.P., 648 P 2d 1364; Utah, (1982).
The liberty interest of the family encompasses an interest in retaining custody of one's children and, thus, a state may
not interfere with a parent's custodial rights absent due process protections. Langton v. Maloney, 527 F Supp 538, D.C.
Conn. (1981).
Parents have a fundamental constitutionally protected interest in continuity of legal bond with their children. Matter of
Delaney, 617 P 2d 886, Oklahoma (1980). <Verify citation>.
Parent's interest in custody of her children is a liberty interest which has received considerable constitutional
protection; a parent, who is deprived of custody of his or her child, even though temporarily, suffers thereby grievous
loss and such loss deserves extensive due process protection. In the Interest of Cooper, 621 P 2d 437; 5 Kansas App Div
2d 584, (1980).
Legislative classifications which distributes benefits and burdens on the basis of gender carry the inherent risk of
reinforcing stereotypes about the proper place of women and their need for special protection; thus, even statutes
purportedly designed to compensate for and ameliorate the effects of past discrimination against women must be
carefully tailored. The state cannot be permitted to classify on the basis of sex. Orr v. Orr, 99 S Ct 1102; 4340 US 268
<check cite>, (1979).
The U.S. Supreme Court implied that "a (once) married father who is separated or divorced from a mother and is no
longer living with his child" could not constitutionally be treated differently from a currently married father living with
his child. Quilloin v. Walcott, 98 S Ct 549; 434 US 246, 255-56, (1978).
Parent's right to custody of child is a right encompassed within protection of this amendment which may not be
interfered with under guise of protecting public interest by legislative action which is arbitrary or without reasonable
relation to some purpose within competency of state to effect. Reynold v. Baby Fold, Inc., 369 NE 2d 858; 68 Ill 2d 419,
appeal dismissed 98 S Ct 1598, 435 US 963, IL, (1977).
Loss of First Amendment Freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.
Though First Amendment rights are not absolute, they may be curtailed only by interests of vital importance, the
burden of proving which rests on their government. Elrod v. Burns, 96 S Ct 2673; 427 US 347, (1976).
No bond is more precious and none should be more zealously protected by the law as the bond between parent and
child." Carson v. Elrod, 411 F Supp 645, 649; DC E.D. VA (1976).
The United States Supreme Court held that the "old notion" that "generally it is the man's primary responsibility to
provide a home and its essentials" can no longer justify a statute that discriminates on the basis of gender. No longer is
the female destined solely for the home and the rearing of the family, and only the male for the marketplace and the
world of ideas. Stanton v. Stanton, 421 US 7, 10; 95 S Ct 1373, 1376, (1975).
Father enjoys the right to associate with his children which is guaranteed by this amendment (First) as incorporated in
Amendment 14, or which is embodied in the concept of "liberty" as that word is used in the Due Process Clause of the
14th Amendment and Equal Protection Clause of the 14th Amendment. Mabra v. Schmidt, 356 F Supp 620; DC, WI
(1973).
The Court stressed, "the parent-child relationship is an important interest that undeniably warrants deference and,
absent a powerful countervailing interest, protection." A parent's interest in the companionship, care, custody and
management of his or her children rises to a constitutionally secured right, given the centrality of family life as the focus
for personal meaning and responsibility. Stanley v. Illinois, 405 US 645, 651; 92 S Ct 1208, (1972).
Judges must maintain a high standard of judicial performance with particular emphasis upon conducting litigation with
scrupulous fairness and impartiality. 28 USCA § 2411; Pfizer v. Lord, 456 F 2d 532; cert denied 92 S Ct 2411; US Ct App
MN, (1972).
A parent's right to care and companionship of his or her children are so fundamental, as to be guaranteed protection
under the First, Ninth, and Fourteenth Amendments of the United States Constitution. In re: J.S. and C., 324 A 2d 90;
supra 129 NJ Super, at 489.
The Constitution also protects "the individual interest in avoiding disclosure of personal matters." Federal Courts (and
State Courts), under Griswold can protect, under the "life, liberty and pursuit of happiness" phrase of the Declaration of
Independence, the right of a man to enjoy the mutual care, company, love and affection of his children, and this cannot
be taken away from him without due process of law. There is a family right to privacy which the state cannot invade or it
becomes actionable for civil rights damages. Griswold v. Connecticut, 381 US 479, (1965).
State Judges, as well as federal, have the responsibility to respect and protect persons from violations of federal
constitutional rights. Gross v. State of Illinois, 312 F 2d 257; (1963).
Reality of private biases and possible injury they might inflict were impermissible considerations under the Equal
Protection Clause of the 14th Amendment. Palmore v. Sidoti, 104 S Ct 1879; 466 US 429.
The rights of parents to parent-child relationships are recognized and upheld. Fantony v. Fantony, 122 A 2d 593, (1956);
Brennan v. Brennan, 454 A 2d 901, (1982). State's power to legislate, adjudicate and administer all aspects of family law,
including determinations of custodial; and visitation rights, is subject to scrutiny by federal judiciary within reach of due
process and/or equal protection clauses of 14th Amendment...Fourteenth Amendment applied to states through
specific rights contained in the first eight amendments of the Constitution which declares fundamental personal
rights...Fourteenth Amendment encompasses and applied to states those preexisting fundamental rights recognized by
the Ninth Amendment. The Ninth Amendment acknowledged the prior existence of fundamental rights with it: "The
enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the
people." The United States Supreme Court in a long line of decisions has recognized that matters involving marriage,
procreation, and the parent-child relationship are among those fundamental "liberty" interests protected by the
Constitution. Thus, the decision in Roe v. Wade, 410 US 113; 93 S Ct 705; 35 L Ed 2d 147, (1973), was recently described
by the Supreme Court as founded on the "Constitutional underpinning of ... a recognition that the "liberty" protected
by the Due Process Clause of the 14th Amendment includes not only the freedoms explicitly mentioned in the Bill of
Rights, but also a freedom of personal choice in certain matters of marriage and family life." The non-custodial divorced
parent has no way to implement the constitutionally protected right to maintain a parental relationship with his child
except through visitation. To acknowledge the protected status of the relationship as the majority does, and yet deny
protection under Title 42 USC § 1983, to visitation, which is the exclusive means of effecting that right, is to negate the
right completely. Wise v. Bravo, 666 F 2d 1328, (1981).
The United States Supreme Court noted that a parent's right to "the companionship, care, custody and management of
his or her children" is an interest "far more precious" than any property right. May v. Anderson, 345 US 528, 533; 73 S
Ct 840, 843, (1952).
Parent's rights have been recognized as being "essential to the orderly pursuit of happiness by free man." Meyer v.
Nebraska, 262 or 426 US 390 <check cite>; 43 S Ct 625, (1923).
Law and court procedures that are "fair on their faces" but administered "with an evil eye or a heavy hand" was
discriminatory and violates the equal protection clause of the Fourteenth Amendment. Yick Wo v. Hopkins, 118 US 356,
(1886).
Reference Studies
Note: The following studies are public on the web and this list is to aid your search as a starting point. Studies can
be biased depending on the funding. Look for studies that are not funded by any program which requires the study
for their funding objectives. The abused person program funds many studies.
Support Studies:
In 1999, the Harvard Injury Control Center launched the National Violent Injury Statistics System (NVISS) In 2000,
CDC started planning for the implementation of the National Violent Death Reporting System (NVDRS) NVDRS
began operation in 2003 with seven states (Alaska, Maryland, Massachusetts, New Jersey, Oregon, South Carolina,
and Virginia) participating; six states (Colorado, Georgia, North Carolina, Oklahoma, Rhode Island, and Wisconsin)
joined in 2004 and four more (California, Kentucky, New Mexico, and Utah) in 2005, for a total of 17 states
(Figure). Funding for state participation is provided by CDC. CDC anticipates that NVDRS will expand to include all
50 states, the District of Columbia, and U.S. territories.
http://www.cdc.gov/Women/pubs/violence.htm
The One Hundred Billion Dollar Man: The Annual Public Costs of Father Absence
https://www.fatherhood.org/research.asp
National Fatherhood Initiative research
Summary:
The federal government spends $99.8 billion dollars every year on programs - such as child support
enforcement and anti-poverty efforts - that support father-absent homes.
Restoring Fathers to Families and Communities, Social Policy Action Network, Kathleen Sylvester and Kathy
Reich, 2000, ph 202-434-4770.
http://www.aecf.org/upload/publicationfiles/restoring%20fathers.pdf
Summary:
Across the country, states and communities are mobilizing to increase fathers’ involvement in the lives of their
children. The strategies they are choosing vary widely, reflecting the philosophical differences about the definition
of “responsible fatherhood." Some efforts focus on teaching men the skills they need to be good fathers; others
concentrate on child support enforcement; still others promote marriage and two-parent family formation. But other
states are still doing less than they could to promote father involvement. Map and Track, a 1999 survey of state
responsible fatherhood efforts, reported that few states had begun new efforts to help fathers in the previous two
years. One reason: There isn’t enough specific information available for state and local officials about what they can
do, legislatively or administratively, to help fathers help their children. This guide tries to fill that gap. It lays out a
detailed six-step strategy for promoting father involvement, especially among low-income, unwed men. The guide
will be most useful for state legislators, governors, and agency officials looking for ways to better serve fathers. But
local government officials, businesses, community-based organizations, and the faith community will find ideas they
can use as well. Each of the six steps includes a menu of policy options from which policymakers can choose. Each
step also includes detailed examples of what states, communities, and non-profits nationwide are doing to promote
responsible fatherhood, along with contacts and resources for policymakers who want to learn more.
U.S. Department of Health and Human Services, Administration for Children and Families, Administration on
Children, Youth and Families, Children’s Bureau Office on Child Abuse and Neglect
Summary:
OVERVIEW OF THE SCOPE OF CHILD MALTREATMENT AND CHILD PROTECTION:
Prior to delving into the discussion of fathers and their role in both preventing and perpetrating child
maltreatment, it is useful to understand the scope of the problem. The following findings from the National Child
Abuse and Neglect Data System (NCANDS) for 2003 provide a snapshot of reported child victimization:
During 2003, an estimated 906,000 children were victims of abuse or neglect.
An estimated 2.9 million referrals of abuse or neglect concerning approximately 5.5 million children were
received by CPS agencies. More than two-thirds of those referrals were accepted for investigation or
assessment.
Nationally, 60.9 percent of child victims experienced neglect (including medical neglect), 18.9 percent
were physically abused, 9.9 percent were sexually abused, and 4.9 percent were emotionally or
psychologically maltreated. Approximately two-fifths (40.8 percent) of child victims were maltreated by
their mothers acting alone; another 18.8 percent were maltreated by their fathers acting alone; and 16.9
percent were abused by both parents.
In most jurisdictions, CPS is the agency mandated to conduct an investigation into reports of child abuse or neglect
and to offer services to families and children where maltreatment has occurred or is likely to occur. Of course, any
intervention into family life on behalf of children must be guided by State laws, sound professional standards for
practice, and strong philosophical underpinnings. The key principles guiding State laws on child protection are
based largely on Federal statutes, primarily the Child Abuse Prevention and Treatment Act (CAPTA) as amended by
the Keeping Children and Families Safe Act of 2003 (P.L. 108-36) and the Adoption
Richard Lerner, PhD, Anita L. Brennan Professor of Education Director, Center for Child, Family and Community
Partnerships Boston College, E. Ree Noh, Clancie Wilson
Summary:
This report contains a huge list of reference material and cases to support parenting by both parents.
"Surveillance for Violent Deaths -- National Violent Death Reporting System, 16 States, 2005" (SVD) An April
2008 report by the CDC
http://www.cdc.gov/mmwr/preview/mmwrhtml/ss5703a1.htm
Summary:
The report provides revealing data collected by the NVDRS. While approximately twice as many females as
males attempt suicide, the rate of completed suicide in the SVD report is nearly 4 times greater for males
than females. In 2005, 32,637 suicides were reported. The SVD reports 30% of the suicides are
precipitated by intimate partner problems.
Hence, it is possible that approximately 7,832 male and 1,958 female suicides were precipitated by
intimate partner problems. These intimate partner problem suicides far exceed the number of intimate
partner homicides. The online literature review Domestic Violence-Related Deaths exams how many of
these intimate partner problem deaths may have a direct or indirect association with domestic violence.
Results: For 2005, a total of 15,495 fatal incidents involving 15,962 violent deaths occurred in the 16
NVDRS states included in this report. The majority (56.1%) of deaths were suicides, followed by
homicides and deaths involving legal interventions (29.6%), violent deaths of undetermined intent (13.3%),
and unintentional firearm deaths (0.7%). Fatal injury rates varied by sex, race/ethnicity, age group, and
method of injury. Rates were substantially higher for males than for females and for American
Indians/Alaska Natives (AI/ANs) and blacks than for whites and Hispanics. Rates were highest for persons
aged 20--24 years. For method of injury, the three highest rates were reported for firearms, poisonings, and
hanging/strangulation/suffocation.
WASHINGTON STATE CENTER FOR COURT RESEARCH ADMINISTRATIVE OFFICE OF THE COURTS, July, 2008
Residential Time Summary Reports Filed in Washington from July 2007 – March 2008
Summary:
This report analyzed 4,354 Residential Time Summary Reports filed in Washington courts from July 2007
through March 2008. Overall, 93% of all Parenting Plans were by agreement of the parties and 86%
involved no risk factors on the part of the parents that limited residential time of children. The most
common residential schedule for children was for the mother to have 66-99% of the residential time and the
father to have 1-34% of residential time. This schedule occurred for approximately half of all cases and was
more than three times more likely than any other arrangement.
Residential time, however, was impacted by a number of factors. First, when it was established that one
parent had a risk factor that could limit his or her residential time (e.g., abused or neglected a child, had
chemical dependency, committed domestic violence), the other parent received all, or almost all, of the
residential time (provided he or she had no risk factors). Second, the combination of representation statuses
had a significant impact on residential time. When both parties had the same type of representation (either
self or attorney), the outcomes were similar. However, when one party had an attorney and the other party
was self represented, the attorney-represented party received more residential time in comparison to cases
which had the same type of representation for both parties. Finally, although the vast majority of cases were
agreed, when a case was contested, fathers tended to receive more residential time in comparison to other
types of decisions (provided the father had an attorney).
Father Facts, 3rd ed., The National Fatherhood Initiative, Wade F. Horn, Ph.D, 1999, ph 301-948-0599
Opposition Studies:
National Network to End Domestic Violence, Domestic Violence Counts
http://nnedv.org/resources/census/67-census-domestic-violence-counts/232-census2008.html
Summary:
The National Census of Domestic Violence Services (Census) is an annual non invasive, unduplicated
count of adults and children who seek services from U.S. domestic violence shelter programs during a
single 24-hour survey period. Conducted annually by NNEDV since 2006, this Census takes into account
the dangerous nature of domestic violence by using a survey designed to protect the confidentiality and
safety of victims.
This is a commissioned report (paid for) that demonstrates the bias generated by women groups around the
country. Upon examination of the numbers in the reports every man woman and child in the United States
based on total population annualized has gone to a shelter in the last 2 years and or received services.
Our current efforts are to expose how Federal funding is being used to promote the miss use of domestic
violence statutes to circumvent due process and equal protection of parties of a divorce.
A study of the organizations outlined in this report will reveal that some funding provided for abused
persons is being used to lobby and promote the miss use of domestic violence statutes. A miss use of
Federal funding.
Conclusion
We want to thank everybody that has aided in the creation of this report. This is an organic public
document and we look for input from anybody. If you have information that should be added to the report send it
to: mosquitoreport@yahoo.com we will try our best to add it.
If you have found this report useful we have done our public service. We ask that you do your part every letter
helps; every phone call helps remember the mosquito. Help build a swarm and take back the American children
and families.