ANSWERS: 7
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Women have had their children taken away for that. You should check case law.
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Rules were created by women. If a woman is a child abuser not much happens, by if a male does it [Justifiably so the whole NYPD gets them}. Some deal in divorces, bloke can break his back working, and the woman does nothing, but the man gets nothing and the woman gets the house, car and a good pay out.
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Your question is absurd. Women are forced on a regular basis to share custody with men who have proven time and time again that they are unstable, violent, unreliable and irresponsible. Cite your sources.
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tominhoustonNo. You're wrong. The state works for the custodial parent and the children. The non custodial parent is required to hire lawyers and jump through a series of legal hoops to just report violations in the visitation order. Are you familiar with Parental Alienation Syndrome? Please see George R. McCaseland's answer.
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Actually, it's not the judge that jails the parent. He just issues the contempt of court. The prosecutor does it, but from 20 years of working with fathers, I've not seen one case of the mothers being jailed in any state for denying visitation. Google my name if you don't believe me. But, I've taught many fathers what else they can do. For 20 years I've worked with divorced and single fathers Part of the problem with getting visitation enforced is knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge. Always take people with you to court who are not there to testify. Make sure they are sitting where the judge can see them, each equipped with a tablet and pen to take notes. It’s best to use a Court Watch Form designed for this purpose. I have one in the manual at Dads House. If the judge is not doing his job, using the info from this form, he/her sanctioned and/or removed from the case. You file a complaint with the State Supreme Court at your state capital. It’s most important that you keep a daily journal of all your activities. There does not need to be any violence for a claim of violence to be filed. She gets a restraining order because she fears him because she has been preventing him from seeing her child. A restraining order can be filed up to a year after a supposed event in most states. With the journal, you can look back and see what you were doing that day and who were witnesses to it, such as being 30 miles away, as was the case with one of my members. Please note that when the mother is unsuccessful in a false allegation of domestic violence, within two years she will progress to child abuse and child sexual abuse allegations. Many think that all the courts are rigged against dads, but in reality, it is more about attorneys unwilling or lacking the knowledge to truly fight for the father's rights. This is why it is important to learn how to interview and hire the right attorney. It is also important to do as much of the leg work on your own and not pay the attorney to do it. If you’re being denied access, prepare a "Notice of Intent to Exercise Visitation" letter stating the specific dates as laid out in your order. Next, prepare a "Notice of Intent to Exercise Parental Rights" in the same legal format of your other court papers. Sign both and make three copies. Mail the originals Certified Mail and another set with Delivery Confirmation (75¢ + postage). If she rejects the one, she still receives the other. To get a confirmation of delivery of the second letter, go to: http://www.usps.com/send/waystosendmail/extraservices/deliveryconfirmationservice.htm If the Certified letter comes back, or the Certified Confirmation of Delivery, with her signature on it, attach either (letter unopened) to a copy of the letter, plus a print of the Delivery Confirmation from this web link. Take these documents to the County Courthouse and have the Clerk of the Court notarize and them place it in your case file. Repeat process for each time you are to exercise your visitation until she eith obeys the orders or you go to court on it. Next is a "Notice of Exercise of Parental Rights" filed with the court and having the judge sign it. Serve or have it served on her. This you can do Pro Se. When you show up to pick up the children, bring witnesses. Do not enter her place alone. If you can record, have someone video record from the car. Check the site below to see if it is illegal to record audio and/or video without the mother knowing. If her state does not have a law either way, than it defaults to the federal ruling, which says one person in a conversation, must know they are being recorded. THAT’S YOU! In Missouri, it is specifically legal, while in Kansas there is no mention either way. With two different states, if one has a law against it, than you can record phone calls that originated in the state where it’s legal. If it’s legal in her state, than when she calls you, than you can record. I’ve heard of cases where the father lives just across the state line, crossing the state line than calling the mother on his cell phone and recording it. http://www.rcfp.org/taping/ Now, you can’t just record, you also have to transcribe the conversations your daily journal. One complaint is that the kids won’t come, but that is likely to be a symptom of Parental Alienation Syndrome. http://www.parentalalienation.org/ Now beyond that you may want to use an attorney if she still violates the order. The next step is the "Notice of the Court of Denial of Exercise of Parental Rights" and "Motion to Show Cause for Contempt of Court of Denial of Visitation". This is where it can get complicate and what choice you wish to make. If she is held in Contempt of Court, that is consider a Change of Circumstances, which is grounds for a change in custody. Your attorney needs to have a Motion for Change of Custody ready to hand the judge. If you want to learn how to do all this, go to Dads House in Yahoo Groups. There is an educational manual in the file section that can teach you what you need to know. When you sign up, you will receive a link to download the manual in PDF format. Take the time to learn what you can and should do. http://health.groups.yahoo.com/group/DadsHouse/ Bird Nest Custody http://tinyurl.com/GiveKidsAChoice Lobby Arm of the Fathers Movement http://www.fathersandfamilies.org/ Now, if you want one way to make things less comfortable for her violating the court orders, get a bunch of friends to go picket her home and job. Stay on the public access, unless she works for the government. In those cases you can picket right up near the front door. It can be the most fun you ever had. http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=27395259
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I know its so worng they should have just as much rights, unless they kill someone or somthing.
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I think your question is hyperbolic and based on a fallacy.
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tominhouston
No. You're wrong. The state works for the custodial parent and the children. The non custodial parent is required to hire lawyers and jump through a series of legal hoops to just report violations in the visitation order.Are you familiar with Parental Alienation Syndrome? Please see George R. McCaseland's answer.
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Child support and custody laws are written to benefit the custodial parent (CP) which in most cases is the mother. The state enforces child support. Generally the court will order the NCP's employer to deduct child support from the NCP's paycheck who sends it to the state, usually the state Attorney General, who disburses it to the custodial parent (CP). The AG's office monitors the receipts from the NCP and if the payments become delinquent can take unilateral action against the NCP in the form of fines, suspension of drivers license or jail, of these two options the latter is really idiotic because the NCP will generally loose their job and with that any hope of anybody paying anything is gone. Several lawyers have told me that the strategy in this is to hold the NCP hostage, as it were, until someone rings the child support current. In the event the NCP should, for whatever reason, loose their job it is their responsibility to hire a lawyer and go to court to plead for a reduction in child support which may or may not be granted. To enforce visitation it is again the responsibility of the NCP to hire a lawyer, go to the court that originally issued the custody order or the county where the children reside to simply to REPORT that the visitation orders are being violated. Once that occurs the court will set a date for a hearing. Then in about two or three months, after everybody is served, the court will set another hearing. Eighteen months without seeing his children and roughly $7000.00 later my son is going to court to report for the third time the visitation order is being violated. Still there is no enforcement or finding of contempt visible on the horizon.
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