| Eric |
| (old hand) |
| 09/20/04 04:15 AM |
Essay on the Brilliance of our Legal System
|
From the Berkshire Fatherhood Coalition. Please note the ESSAY ON THE BRILLIANCE OF OUR LEGAL SYSTEM nestled in this e-mailing:
Sunday, September 19, 2004
WE NEED A TRUCK PLATFORM FOR THE FALL FOLIAGE FESTIVAL PARADE. One of our guys that brought his truck for the 4th of July is out of town. The parade is Sunday, October 3rd. We meet on Route 8 in North Adams. Let me know if you can donate at 413-443-3150. We need marchers also.
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I WAS JUST THINKING: Can you imagine a room of young people in their 20s, consisting only of men, jumping up and down as they receive college scholarships on National Television, no women in sight? If that seems odd to you, why does it seem so normal for Oprah Winfrey to give away brand new Pontiacs to an audience full of a women only audience? Yet almost not a single media story picks up on this. Her cast of 270 all-female recipients is simply dubbed "the audience."
Its funny how things work—you had to be in need of a car to be on the show. I guess no guys fit the bill. It kind of reminds me of family court.
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ESSAY ON THE BRILLIANCE OF OUR LEGAL SYSTEM: OR, WHEN TO USE AND NOT USE THE BEST INTEREST OF THE CHILD STANDARD--YOU MAY NOT KNOW IT, BUT WHAT'S GOOD FOR THE GOOSE IS NOT NECESSARILY WHAT'S GOOD FOR THE GANDER
I know you guys and gals like logic, so lets be logical about this.
In Troxel v. Granville, father dies, mother wants to deny grandparent visitation, US Supreme Court says you can't just demand grandparent visitation based upon the best interest of child standard (which is just whatever the judge wants to do standard). After all, parenting is a fundamental right, and case law going back 100 years protects that right. Bad grandparents—using the best interest of the child standard to impose on the rights of the parent.
OK, lets look at cases when Dad is alive. Dad says, "Wait, remember
Troxel v. Granville," you can't just take away my rights to be a parent with a showing of "best interest of the child." In Troxel v.
Granville, Justice Sandra Day O'Connor, the first women justice of the Supreme Court, said, "It is not within the province of the state to make significant decisions concerning the custody of children merely because it could make a `better' decision." Dad files a complaint in court saying that in light of Troxel v. Granville, his rights to jointly raise his child cannot be defeated simply because a judge could make a better decision.
Silly father, TRIX are for kids, and rights are for moms. Saying that dad has a due process and equal protection right to raise his child in equal standing with the mother predicated on 100 years of case law recognizing the fundamental right to family life and family integrity is too much of stretch. Oh, that doesn't even pass the laugh test. Nope, in one nano-second the judge can take you right out of your child's life, and the best interest of the child standard is alive and kicking and will be sole basis for the defeat of your rights.
Oh, what's that you say? Dad, you want to have your kids see their paternal grandparents? You idiot Dad. After we took away your parental rights using the "best interest of the child" standard, and we in the judiciary are infinitely better to determine what is in the best interest of the child than you the parent, we gave mom sole legal custody. But now you want paternal grandparent visitation— well, you can't have it. Now you probably are wondering why.
Why can't you have grandparent visitation so that dad can have the kids visit the paternal grandparents? Well, after we took your rights away using the best interest of the child standard, your wife has sole legal custody. Now you want grandparents visitation—well, your wife has sole legal custody now, and we have to recognize her constitutional right to be the parent of her child (remember those 100 years of case law)—meaning how you are legally dead now. Doesn't this make sense?
You see, AND YES THIS IS REALLY THE LAW NOW, WHEN DAD'S LOOSE CUSTODY OF THEIR CHILDREN USING THE BEST INTEREST OF THE CHILD STANDARD (still legal despite Troxel), MOM'S HAVE PLENARY AUTHORITY OVER GRANDPARENT VISITATION BECAUSE NOW THAT THEY HAVE ALL ALL THE RIGHTS, AND THIS RIGHT CANNOT BE DEFEATED MERELY BY SHOWING THAT IT IS IN THE BEST INTEREST OF THE CHILD TO HAVE GRANDPARENT VISITATION.
You see, that's your judiciary in completely logical and equitable splendor. Protecting the mother's parental rights from encroachment of claims based on the flimsy, standardless, best interest of the child "standard" by the dastardly wishes of that now legally non- existent, invisible non-person that is the father, whose rights were taken away merely using the best interest of the child standard.
You see, the best interest of the child "standard" made eminent sense when taking his rights away. It was not flimsy then—after all, dad, don't you want to do what's in the best interest of the child? Who's against doing what's best for the child, and you know silly father that Big Brother the judiciary is watching, knows what is best. Big Brother is right here, ready to organize your family life for you.
It is just like George Orwell's Animal Farm. The rights of mothers and fathers are equal. It is just that the rights of mothers are more equal.
Don't you get it? PATERNAL GRANDPARENTS NEED NOT APPLY. Parental grandparents, we took away your sons rights away with the best interest of the child test fair and square, and now that we stole these rights proper, you can't see your grandchildren because all you can show is it is in the best interest of the child for you to continue to show the love and affection for your grandchildren that you did while the parents were married. You see, what's good for the goose isn't suitable for the gander. Rember that saying from your childhood?
What's that you say, your son is still alive and he wants the kids to see you, the grandparents? He wants to predicate grandparent visitation on the on the best interest of the child standard? Why if we were to do that, we would be treating him as equal to the mother, but we took away his rights to legal custody using the mere best interest of the child standard. This is America, the land of the free. The mothers has a fundamental right to be a parent. (Can't you see those American flags flying now! Freedom.
Sweet Freedom. The mother is now Free! Hip-hip-hurray! Just picture Braveheart yelling "Freedom"!)
Because this is a free country and you are free to raise your own kids, we will not impose on the poor mother the wishes of the father. Bad father—you are interfering with the parental rights of the mother by trying to parent your child. Because we live in a free country, silly dad, you will not be allowed to have your children continue their loving relationship with their paternal grandparents, because damn it, the mother has constitutional rights to be a parent! God bless America!
Oh, I know what you are saying. There must be somewhere in here an equal protection claim because Dad was pushed out of the picture using a standard that he can't use to get grandparent visitation?
Naw. You are so silly, I am just slapping my knee. I am laughing so hard....let me get a moment to compose myself. Sorry, got to get a way from the keyboard . . . .)
(Phew. Let me calm down for a moment. I was away for a while, I was on the floor laughing so hard. Sorry about that. That equal protection argument just had me in stiches.)
Remember. Everyone is equal—but when we took away your rights using the best interest of the child standard, mom became MORE equal. That's why we don't impose on her parental decision making using just the best interest of the child standard. Don't you get?
Don't worry Dads, Big Brother family court has got you covered. We know what's best for you—loss of custody. Hey, we are just looking out for the best interest of those kids—and Big Brother knows best. But we won't impose on mom's will we by merely showing that something is in the best interest of the child. After all, she's got constitutionally protected rights. Hey, its a free country. That's why you as a dad can't do anything. Really. Think about it. It all makes perfect sense.
Maybe you are confused. Let me make this clearer so it makes more sense: When we put the mother beyond the reach of the best interest of the child standard by granting the mother sole legal custody(so that you can't even get the very minor enroachment of parental rights known as grandparent visitation by showing such is in the best interest of the child), we did it because it was in the best interest of the child to totally deprive your rights and status as a parent. Hopefully, that clarified every thing.
This is America. We understand that sometimes you have to burn a village to save it. We also understand the we have to trample on the "rights" of the father to preserve the parental rights of the mother. Get it? Got it? Good.
Don't think about this too much. Big Brother will do it for you. I don't want to hear any questions. Now shut your mouth and salute the flag. With liberty and justice FOR ALL.
QUOTE OF THE DAY BY THE FATHER'S GUY FROM FATHER'S FOR JUSTICE FOUND ON THE QUEEN'S CASTLE: "It was easier to scale the walls of Buckingham Palace than to see my own child."
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Don't forget about the Fall Foliage Festival Parade. We meet at 10:00 AM at the Wal-Mart on Route 8 in North Adams. Come have a blast and help the cause!
Want to learn more about our public policy question on this November's ballot? Go to: SharedParentingYes.com http://sharedparentingyes.com/
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This newsletter is put together by Attorney Rinaldo Del Gallo, spokesman of the Berkshire Fatherhood Coalition, who practices in family law. He may be reached at 413-443-3150.
The Berkshire Fatherhood Coalition meets the first and third Wednesdays at the Berkshire Medical Center (BMC).
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