Family Law Decisions in the News from JDSupra

Is it me or is this the hot topic in the Supreme Court.. ie Same Sex Couples?
So check out this, in the News summary from Today's email:
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Family Law   Legal intelligence from leading lawyers and law firms

Implications of the Supreme Court’s Windsor Decision on Estate Planning for Same-sex Couples   On June 26, 2013, the Supreme Court, in its decision in United States v. Windsor, overturned Section 3 of the Federal Defense of Marriage Act (“DOMA”). The Court ruled that the Federal government could not deny tax and other benefits to legally... By: Patterson Belknap Webb & Tyler LLP     Supreme Court Rulings Expand Gay Marriage Rights But Leave Ambiguities for Some   The U.S. Supreme Court’s dual decisions essentially invalidating the Defense of Marriage Act (DOMA) and California’s Proposition 8 brought jubilation to supporters of LGBT rights. Finally, state-sanctioned gay marriage had the green light in... By: Sedgwick LLP     Iowa Immigration Law Blog: Citizenship and Immigration Services Clarifies Immigration Benefits for Same-Sex Couples   As almost everyone now knows, on June 26, the U.S. Supreme Court overruled Section 3 of the Defense of Marriage Act (DOMA). On the immigration front, this means that a U.S. Citizen same-sex spouse who is married to a non-citizen may now petition for... By: Davis Brown Law Firm     Civility in the Practice of Law: How the Legal Profession Can Do Better   Civility is defined as something said or done in a formally polite way. In court, it is a professional obligation: ABA Model Rules, Rule of Professional Conduct 3.5 states that lawyers may not "engage in conduct intended to disrupt a tribunal," with... By: Law Offices of Marlo Van Oorschot, APLC     Children as Witnesses in a Domestic Violence Dispute   In M.J.T. v. A.V.B., the New Jersey Appellate Division overturned the trial court’s entry of a Final Restraining Order (“FRO”) against the defendant. The only witness to the alleged incident of domestic violence was the couple’s nine year old son.... By: Wilentz, Goldman & Spitzer P.A.     U.S. Immigration Benefits Available to Same-Sex Spouses   USCIS issues expanded and revised FAQ in the wake of the Supreme Court's decision overturning DOMA.... By: Morgan Lewis     Nonresident Alien Spouse Not Liable for Penalties   There are an unknown number of U.S. citizens married to nonresident aliens. Many of these taxpayers have filed joint income tax returns. Most are likely to have filed joint income tax returns (Form 1040) without having properly made and filed the... By: Sanford Millar     FEC Clarifies Rules to Allow Same-Sex Married Couples the Same Rights as Heterosexual Married Couples   In response to the Supreme Court’s ruling in June 2013 striking down provisions of the Defense of Marriage Act (DOMA), the Federal Election Commission (FEC) has clarified that same-sex married couples are entitled to the same rights under federal... By: Akin Gump Strauss Hauer & Feld LLP     Crowdfunding 101: What Is It? And Should I Be Excited About it? PART 1   Ever since the passage of the JOBS Act (the Jumpstart Our Business Startups Act), there’s been a lot of hype about crowdfunding. A lot of startups have built their entire business model on the assumed ability to use crowdfunding methods to raise... By: Chambliss, Bahner & Stophel, P.C.     FEC Issues Two Advisory Opinions in Light of US v. Windsor   Yesterday, the Federal Election Commission (“FEC”) became one of the first federal government agencies to take action in accordance with the Supreme Court’s decision in United States v. Windsor.... By: Genova Burns Giantomasi Webster LLC     Marriage and Capacity: The Mental Competence Needed To Tie (and Untie) the Knot   Roughly half of all marriages in the United States eventually end in divorce. The statistics are even bleaker in California, where the divorce rate hovers at around sixty percent. In light of these odds, getting married in this day and age (and in... By: Carr, McClellan, Ingersoll, Thompson & Horn -     Supreme Court DOMA Decision—Part II: Wage Overstatements and Tax Refunds   In part one of this two-part series, “Supreme Court DOMA Decision — Part I: Fringe Benefits and Other Tax Implications,” I reviewed the fringe benefit and tax implications of the United States v. Windsor decision.... By: Ogletree, Deakins, Nash, Smoak & Stewart,     Fenwick Employment Brief - July 2013: DOMA and Prop 8 Rulings Clear the Way for Same-Sex Marriages in California and Require Changes in Employee Benefits   In U.S. v. Windsor, the court struck down a portion of the federal Defense of Marriage Act (“DOMA”) as unconstitutional. DOMA, for purposes of federal tax and benefits laws, defined marriage as only between “one man and one woman.”... By: Fenwick & West LLP     Arizona Bankruptcy or Divorce – Which Comes First?   The number one stress factor cited in a majority of marriages is money. So it should come as no surprise that many divorces are either preceded by a bankruptcy or that one follows soon thereafter.... By: Rowley Chapman & Barney, Ltd.     Supreme Court DOMA Decision—Part I: Fringe Benefits and Other Tax Implications   On June 26, 2013, the Supreme Court of the United States issued its highly anticipated decision in United States v. Windsor, ruling that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional.... By: Ogletree, Deakins, Nash, Smoak & Stewart,     Same-Sex Marriage Cases—Planning Opportunities and Pitfalls   The Supreme Court of the United States recently held that the federal government must recognize same-sex marriages that are valid under state law, and effectively reinstated same-sex marriage in the state of California. However, many questions still... By: McDermott Will & Emery     7,000 Provisional Waiver Applications Received During the First Four Months of the Program   Since March 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) have been able to apply for provisional unlawful presence waivers (I-601A form) before they leave the United States.... By: Fowler White Boggs P.A.

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How to Visit Your Congressman

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July 30, 2013 How to Visit Your Congressman Next week, the House and Senate will adjourn until after Labor Day so that members can make themselves available back home in your state or district. Last week, we encouraged you to gather some friends and set up an appointment to meet with your lawmakers while they are in the area. So this week it is only fitting that we walk you through just how to get that done. 1. Set up the meeting. You may want to gather friends and neighbors to go with you, since having a small crowd is a show of strength. Don’t let your friends’ unavailability stop you, however. A visit by one or two is much better than no visit at all. Once you’ve identified who’s going with you, call the local office you want to visit. Tell them when you would like to come and see if they have a 15-20 minute slot available. If they don’t, be as flexible as you can in scheduling a different time. 2. Prepare. Decide what talking points you want to make, and figure out who in your group will do the best job of making those points. You can make up to 5 or 6 key points, but should keep focal-point speakers to only 1 or 2. You want to ask your congressman to cosponsor HJRes 50, the Parental Rights Amendment. You can find a lot of talking points at ParentalRights.org/documents. When talking to your Congressman, consider Why We Need an Amendment, or some of the stories from our July 16 newsletter. And if your Congressman is a Democrat, be sure to print out a copy of the Zogby Poll from 2010. When talking to your Senators, focus on the Convention on the Rights of Persons with Disabilities. We want them to oppose this dangerous treaty. You can find talking points at ParentalRights.org/crpd. (West Virginia residents: When visiting Senator Manchin, please focus on the Parental Rights Amendment and ask him to sponsor it.) 3. Show up. Gather your group somewhere other than the lawmaker’s office, so that you can arrive on site as one cohesive group. Arrive a few minutes early (between 3 and 10), and be prepared to wait patiently. Try to dress nicely, and do not let your group be unruly. (Taking children along is a great idea, but you need to make sure they will not be a distraction. Otherwise, it is better to leave them with a sitter.) 4. Make your presentation. You will want to have your points prepared, but also be ready to dialog. If you are visiting with a Democrat in the House, be sure to give them the Zogby poll which shows that 92.4% of self-identified Democratic voters agree with the traditional role of parental rights. (Point out this fact while you’re there.) If your lawmaker or his staff have questions, answer those you can. If you don’t know an answer, be honest. Tell them, “I don’t know the answer to that, but I would be happy to find out and get back to you.” We will gladly provide the answers you need, and you will have set up a follow-up opportunity to build rapport with that office. 5. Follow up. When you get home (before you have time to forget), write a thank you note and mail it to the office. Thank your lawmaker for taking time to hear your concerns. You might also mention by name helpful staffers you met along the way. Was the receptionist especially hospitable? Or a staff liaison? You might mention her or him by name. They will hear about that, and you will likely win a friend in that office. 6. Let us know. Please shoot an email to David@parentalrights.org and let us know how your visit went. Please include your lawmaker’s name, how many went with you, which issue(s) you touched on (PRA or CRPD?), and your opinion of the meeting. (Please keep it brief, though. We are hopeful he will have to read a lot of these!) Please keep in mind that encountering an unmoving Congressman or Senator is not failure on your part. You only fail by not making the visit at all. If you need to report that you “got nowhere,” we understand. It is still helpful for us to know where we stand. If you have any other questions, please email David or give us a call at 540-751-1200 during office hours (8:30 – 5:00 Eastern, Monday – Friday). We look forward to helping make your office visit a success! Common Core: Where Do We Stand? Our allies as Home School Legal Defense Association (HSLDA), under the direction of ParentalRights.org president and HSLDA chairman Michael Farris, have completed their full review of the Common Core State (education) Standards Initiative. You can find that review on their website here. Given the nature of HSLDA's mission, it should come as no surprise that they take a home schooling perspective. However, their legal analysis regarding such concerns as the federalizing of education and the development of a nation-wide, kindergarten to workforce database is of general interest to all parents, regardless of how you educate your child. I would encourage everyone to read this review to learn more about the threat of Common Core to your parental rights. Get Your Copy of Internet Safety 101 - Ends Saturday In case you missed our earlier email, we are offering this DVD course as a gift for your online or phone donation of $100 or more, but the offer is good this week only. For more info, click here. (Please note that this study deals with harsh dangers and realities and seeks to inform parents of the threats. Some of its language is graphic for this reason, and not suitable for everyone.) Thank you for standing with us to protect children by empowering parents through the Parental Rights Amendment. Sincerely, Michael Ramey Director of Communications & Research

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P.O. Box 1090 Purcellville, VA 20134 * (540)-751-1200 * info@parentalrights.org

Tune In Every Thursday "This Ain't a Jury of Your Peers!

This Ain't a Jury of Your Peers!!!

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Each Thursday at 7:00 pm Central Time, Black Talk Radio co-hosts and veteran human rights activist, attorney Zena Crenshaw-Logal*; prison abolitionist, Dr. Roxanne Grescher; criminal justice specialist, George Stokes, Sr.; and historian as well as federal law specialist, Dr. Andrew D. Jackson , take a look at systemic failures of America's criminal justice and prison systems.

"Crimes of the Century" is an outgrowth of "The Plea For Justice Program" (P4J) which Zena, George, and Andrew help administer. In the process they met Roxanne, and the rest is history!

Zena, Roxanne, George, and Andrew take a weekly look at alleged and actual malfunctions, dysfunctions, misconduct, and corruption tantamount to crimes -- sometimes figuratively / sometimes literally -- on the part of government agents and the institutions they help operate as part of America's criminal justice and prison systems.

Tune in expecting new insights, hard facts, balanced coverage, and interesting perspectives. And we'll even throw in some humor (with a big dose of sarcasm) despite the seriousness of our subjects!

*Bar admissions limited to the 7th Cir. COA

 

 

 

Are you ready for your Day in Family Court??

Even though, I am not a lawyer, but a researcher that guides other in their defense, a question was asked:
"Do u have any tips for a fair hearing trial with CPS"

My answer" I probably have more questions, than answers:

• Have you set up your law book, as suggested from Marilyn's "Standing in the Shadow of Law" and as an excerpt on our NFPCAR web page
• Do you have the "Official" court record of all the alleged charges?
• Reason for Law Book?

• Did you and/or do you have documented Proof on the Record?
• Have you researched the state statutes, particular to your concerns? > Here is the link to the Index of State Statutes relating to family court>> http://nfpcar.org/States/Summary/
  
• Are you aware of the Basic Tactic used by the agency.. ie They will try to prove that you are the worst parent/care giver in the world. Your task is to say no I am not and here are the reasons.
• In your defense, have you supeoned (sp?) witnesses and/or gotten declarations from them to be properly submitted in the court??
  
• Are you aware of the Different levels of Proof needed, depending on the court system..ie Admin. Hearings, Family Court, Criminal Court.
  Keep in mind that if one puts "Preponderance of Evidence" on a percentage scale, all one needs, on either side, 51% Proof (Link to definition and discussion on Preponderance of evidence">> http://nfpcar.org/Legal/legalprint.htm#Preponderance_of_evidence
• As a basic reference, here is one of my blogs titled "Basic Example of a Great Defense". I share this a lot, since it gives the basic things needed in your defense>> http://defend-yourself-go-pro-se.blogspot.com/2011/11/basic-example-of-great-defense.html
  

Most, if not all of us in our affiliation are not lawyers. We, and actually lawyers, via the internet can only guide others, and not necessarily give specific advice to your questions.

In my particular case and defense, it took me over 3 months to research the particular statutes, organize my proof etc.

However, many of would be more than happy to review your information and possible give additional suggestions.

Defending yourself against the agency is Not an easy task. And actually, if you read the information about "Preponderance of evidence" it is more difficult to win a case in Family Court than in Criminal Court.

Yes, today there are biases, corruption, etc. in our Family Court. But we must make every effort to know the laws, the court procedures, etc. and yes, with or without a lawyer. In doing this, I can almost guarantee that those in legal power and the agency are not following the very statutes they are bound to.

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May you find Strength in Your Higher Power,
GranPa Chuck
Check Out>>My Family Rights Affiliation

Also, Join Marilyn, on Freedom Talk Radio Every Tuesday. Click on Episode link for Time in Your Area

Marilyn (mamabear) Foster Parents Legal Solutions & Bob, Freedom Talk Radio
Every Tues. starting at 12 noon AZ time.  The Call In number is 347-677-0812 for US&Canada & for the rest of the world 001 347-677-0812 / (Host) 377-677-0812
Check Out Contacts, Fav Web sites, etc. from Marilyn and Bob
Suggested Thoughts to Discuss ~ Next Episodes ~ In Case You Missed it-Archive 

Join Us Today, Freedom Talk Radio: "The storm called Child Protective Services"

FYI, Here is the information for Marilyn (mamabear) on
Freedom Talk Radio, TODAY, Tues, July 16th.
Call in: 347-677-0812 for US&Canada & for the rest of the world 001 347-677-0812 OR
Listen to it Live Note: Start Time will be shown via this link

Today's Theme "The storm called Child Protective Services" The Damages Done Here are two articles one may want to read on how Much of a Storm CPS or related agencies are generating Worldwide. Key Thought "Nanny State: ·         Scotland: Scotland Bill Proposes Massive Invasion of Every Family ·         NJ Supreme Court Rules State Can Seek Custody Of Child Without Evidence Of Abuse Hopefully, on the radio show, we can have callers from many countries, since, as stated" "..Now not just a U. S. problem but one that is hitting many countries across the globe.."

Suggested Thoughts to Discuss? Your experiences with the Agency.. ie the Good, the Bad, the Ugly. If a Foster Care Giver, what was your Relationship with the Agency? If a natural parent, what were your feelings about Foster Care Givers caring for your children? If your are a member of our discussion group, did any advice on this group help? Did you talk directly to Marilyn on the toll free number found on the FPLS site? (Contact Page: http://www.foster-parents-legal-solutions.com/contact.html  ) If allegations were made, what did you do to prepare for your defense? Have you assisted others, in their time of need, eventhough your personal experiences may have been bad?

Marilyn (mamabear) FOSTER PARENTS LEGAL SOLUTIONS & Bob Freedom Talk Radio
Every Tues. starting at 12 noon AZ time.  The Call In number is 347-677-0812 for US&Canada & for the rest of the world 001 347-677-0812 / (Host) 377-677-0812 Check Out Contacts, Fav Web sites, etc. from Marilyn and Bob
Suggested Thoughts to Discuss ~ Next Episodes ~ In Case You Missed it-Archive

Abilities Needed To Be A Pro se Litigant*

..Or abilities you will learn being a Pro se litigant!

Note: Whether you have a lawyer or not, this Ability Checklist may be very helpful.

• The ability to deal with rejection-You must be able to take rejection without defining it as failure. Always remember if two lawyers are walking out of the courtroom, both were overpaid. Just kidding. If two lawyers are walking out of a courtroom, one of them lost! You must interpret rejection as a battle, not the war.

• The ability to continue after being knocked down- Sometimes you may need to take a day or two to recover. You may need to let your rage diminish. You will need the ability to get back up and say, "Ok, what can I do now?" or "What didn't I do?"

• The ability to view things from many different angles-You need the ability to think more in terms like, "That is A view" versus "There is my view and the wrong view." "That is A defense" versus "They don't have a defense." Being impatient or intolerant with another's view, defense or assertion appears as immaturity in the courtroom. Opposing side is supposed to have a view, defense or assertion. Many times you will deal with outrageous arguments using deceit and/or lies that would never be used as arguments outside the courtroom.

• The ability to be precise in written and spoken word-"I did not have sexual relations with Monica Lowinsky." Ms. Lowinsky's allegations involved oral sex. The definition of sexual relations does NOT include oral sex. President Clinton never denied Ms. Lowinsky's sexual allegation....but millions thought he did! "There is no improper relationship." There isn't now, but WAS there? Many of us are raised speaking and writing without precision. We fill in the gaps with what we believe is the intended meaning. Precision in the spoken and written word will take time to learn.

• The ability to remain dignified regardless of the circumstances-You will deal with all sorts of absurdities, injustices and indignities. You will be told nonsense and lies with people looking you straight in the eye or sounding like they are on a truth serum. You must learn to stare absurdities, injustices and indignities square in the face without losing your cool while still defending yourself. Being outraged or emotional does NOT carry the weight it may carry outside the courtroom.

• The ability to be persistent and thorough-Many in the legal profession say the one who wins is the one with the most stamina. Of course, that usually means the one with the most money to spend. Persistence and thoroughness are necessary elements to any successful litigation.

• The ability to remain in control of your emotions-When you are litigating Pro se, it is particularly difficult to separate your emotions during litigation. Be forewarned, emotionalism during litigation can and most likely will be used as an excuse to cut you off.

• The ability to know and accept your wrong after being 100% convinced you are right-This can be a humbling and learning experience. Sometimes, despite our convictions or our research, there will be times we will miss or misinterpret the point and be wrong. Thinking law and litigation is a mixture of morality, common sense and fairness is a common source of this experience. Morality, common sense and fairness may be elements in the drafting of laws, but the implementation of law may not favor morality, common sense or fairness as these terms are generally defined.

• The ability to hold your position when right when everyone is saying you are wrong -Remember case law is made by litigants questioning Judge's decisions. There may be times lower court procedure and trials become a formality in order to get the higher courts to rule on your issues.

• The ability to separate morality, common sense, fairness and law-Morality, common sense and fairness may be elements in the drafting of laws, but the implementation of law may not favor morality, common sense or fairness as these terms are generally defined.

• The ability to see Judges and Lawyers as human beings-Most have to have several hearings before they can see Judges or Lawyers as human beings. Usually the behavior from Judges and Lawyers will eliminate any pedestal you may have placed them on.

• The ability to stay on point-Court proceedings many times are nothing more than obstacle courses designed to get you off point. If they can get you off point, your issues get lost. Frankly, it takes guts to insist on remaining on point and sometimes that could mean getting the Judge back to the point.

• The ability to present your case without preaching-So many Pro se litigants preach in their documents and during hearings. They want to give the court a history lesson on the great principles this country was founded on. Argue the merits of your case with minimal preaching.

• Most Important! The ability to recover from the stress-Litigation, many times, can damage a person like little else can. You MUST recover and move on so you can be there to help others. Process your rage into a recovery!

*Original Article from: http://Caught.net

Related Reading:

 Finding and Helping Your Lawyer

• Questions You Want to Ask Your Lawyer
• Helping Your Lawyer
• Index of Legal Briefs (Great Examples!!)

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Now on sale as a hardcopy:
Standing InThe Shadow of the Law

 
Special Edition - Expanded and   More information than Original VersionBy Marilyn Harrison
 
         http://nfpcar.org/Shadow/Hardcopy Now Available>> Purchase Now ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

May you find Strength in Your Higher Power,

 GranPa Chuck

  "We the "Little" People"

    Defend Yourself http://nfpcar.org/Jurisdictionary/

  My Family Reform Blog
  My Family Rights Affiliation