Wednesday, June 8, 2011

Remember your Parental Rights

Even if parental alienation is not recognized in your state as abuse, it doesn't mean you are without defense. Parental alienation or even any similar form of abuse is not technically recognized in most states. However, this doesn't mean we are without means of defense and offense in the midst of our awareness and causes to make this form of abuse legally recognized.

When PA is technically not going in our favor in our cases, it as a whole can be broken down into its elements dissecting it. Exposing it without making it look like a "witch hunt" as many want to paint it as.

It seems one of the biggest mistakes we make as parents when fighting for our children is focusing on technicalities and technical terms. We cannot overlook that PA is a downright violation of civil rights as parents and our children's as well. Civil rights that are protected by the First, Fifth and Fourteenth Amendments of our United States Constitution.

Countless numbers of custodial disputes have been settled in favor of our like situations under federal laws. Whether or not the argument of any form of parental alienation is going in our favor, we always have the right to fight for ours and our children's civil rights. Majority of the time contempt of court petitions are a waste of time.

In Troxel et vir. v. Granville  99-138 [U.S. 06/05/2000 U.S. Supreme Court, November 1999], the Supreme Court ruled, the Fourteenth Amendment provides that no State shall "deprive any person of life, liberty, or property, without due process." We have long recognized that the Amendment's Due Process Clause, like its Fifth Amendment counterpart, "guarantees more than fair process." Washington v. Glucksberg, 521 U. S. 702, 719 (1997). The Clause also includes a substantive component that "provides heightened protection against government interference with certain fundamental rights and liberty interests." Id., at 720; also Reno v. Flores, 507 U. S. 292, 301-302 (1993).

In the Troxel et vir. v. Granville mentioned above, Washington Rev. Code §26.10.160(3) permits “[a]ny person” to petition for visitation rights “at any time” and authorizes state superior courts to grant such rights whenever visitation may serve a child’s best interest. This was granted under Certirari to the Supreme Court of Washington.

The case also states, "The Fourteenth Amendment’s Due Process Clause has a substantive component that “provides heightened protection against government interference with certain fundamental rights and liberty interests,” Washington v. Glucksberg, 521 U.S. 702, 720, including parents’ fundamental right to make decisions concerning the care, custody, and control of their children, see, e.g., Stanley v. Illinois, 405 U.S. 645, 651. Pp. 5—8.”

The interest of parents in the care, custody, and control of their children, is perhaps the oldest fundamental liberty recognized. More than 75 years ago, in Meyer v. Nebraska, 262 U. S. 390, 399, 401, (1923), the "liberty" protected by the Due Process Clause includes the right of parents to establish a home and bring up children and to control the education of their own.

In Pierce v. Society of Sisters, 268 U. S. 510, 534-535 (1925), again held that the "liberty of parents and guardians" includes the right "to direct the upbringing and education of children under their control." The child is not the mere creature of the State.

Law does not equal justice
Prince v. Massachusetts, 321 U. S. 158 (1944), and again confirmed that there is a constitutional dimension to the right of parents to direct the upbringing of their children. "It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder." Id., at 166.

So we must remember that PA is not our only option when fighting for our children. While PA is a pure form of psychological and emotional abuse, it is also an attack on civil rights. A defense and offense worthy of discussing with attorneys and utilizing. Countless sacrifices have been made in the past for us to have our civil rights.

Keep fighting and don't give up while without losing heart. Remember it's about who you are fighting for and not who you are fighting against.

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A Recycled-Dad with Bipolar & Parkinson's, reflections on fathering and family life and other stuff thrown in'll love my Soap Box Rants

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I call myself a Recycled Dad because of the struggles with remarriage and being a step-parent and weekend dad. This is also about my life living with bipolar and how it affects me personally, my family and my job. It also reflects on the grace God has poured out on me throughout recovery from alcohol and an eating disorder. Recycled Dad is about my reflections on the wisdom God teaches daily on fatherhood and being a better husband in spite of being bipolar.

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