Give Daddy Back
30 June 2010 - Give Daddy Back is a Guest Commentary by Richard Reynolds M.Div.,M.Ed.,Ed.S.
ALFRA Note, this is a copy of a letter to the editor to the Huntsville Times.
In your June 20 article, "Program helps give children their daddy back" you attempted to describe a program described as a Parenthood Initiative or a Fatherhood Initiative. Yet little was understood about a legal system that is set up as a punitive system against fathers. A few bad fathers have caught the attention of the media instead of the many fathers who want to do what is right for their children. The system has been set up in Alabama in a way that it has become a sluggish beuracratic night mare with huge attorney fees where the father is considered guilty until proven innocent which forces many to become "dead beat dads." The current economic crisis has caused more of a burden on all fathers as well as it as on all families. Child support is suppose to be based on one's ability to pay. If one is unemployed for an extended period of time as many are currently across America how does one have an ability to pay? Most do not realize that a person is turned over to the dead beat dad child support staff when one is unemployed and can not pay child support. Most also do not realize that the amount builds and a 12% interest is placed on the amount that builds during unemployment on unpaid child support. Then many are being forced into jobs to get back into the job market that do not pay as much as their previous position yet father's are told that they still have to pay child support at the amount that was figured on their higher paying previous salary until it might be modified when it can reach a judge in a year to two years. The father must attempt to pay back the unpaid amount that accumulated during unemployment with a punitive high interest rate attached to it and also the current amount that is inaccurate and is overcharged simultaneously which puts a pressure on the father to not be involved in the life of his children instead of an encouragement to get involved.
Our family courts, child support and child custody laws need to be addressed and overhauled. We need a proactive system that can address more of these issues that now are being handled by numerous government and nonprofit programs. These programs are addressing the symptoms and not the problems. We have a system now in Alabama that is dysfunctional, archaic and is not focused on what is best for the either of the parents and certainly not the best for the children. In fact it has become so abusive and heavy handed toward the father that it promotes fathers becoming dead beat and not honoring their obligations as a father which then impacts our schools, our juvenile and prison system and our substance abuse programs.
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ALFRA Dothan Chapter Meeting
29 June 2010 - ALFRA Dothan Chapter Meeting: Tuesday, July 6 from 7:00 pm to 9:00 pm at the Houston Love Memorial Library in Dothan, AL (right by the Houston County Courthouse). Ask the front desk for the Alabama Family Rights Association meeting held by Chris. Library front desk phone number: 334-793-9767. Library address: 212 West Burdeshaw Street, Dothan, AL 36303.
Please call, text, or email Chris for more information:
Phone: 344-477-4300
Email: libertyforall2@yahoo.com
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ALFRA Dothan Chapter Meeting
17 July 2010 - ALFRA Dothan Chapter Meeting: Tuesday, August 3rd from 7:00 pm to 9:00 pm at the Houston Love Memorial Library in Dothan, AL (right by the Houston County Courthouse). Ask the front desk for the Alabama Family Rights Association meeting held by Chris. Library front desk phone number: 334-793-9767. Library address: 212 West Burdeshaw Street, Dothan, AL 36303.
Please call, text, or email Chris for more information:
Phone: 344-477-4300
Email: libertyforall2@yahoo.com
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The Modern Dad22 June 2010 - Nice story in the Washington Post yesterday about a single adoptive
father's journey, and how is story is representative of a shift in
modern thinking over the role of fathers: Whereas our dad archetype has been a nervous man pacing in the
delivery room, fumbling the newborn, clueless about the PTA and
stepping forth only when it's time to harass a prom date or coach
Little League, today's generation of fathers is more involved than any
other. Like Braman, they don't have fatherhood thrust upon them, they dive into their kids' lives. It's beyond fishing, the summer cabin and sports. The New Dad is
increasingly ducking out of work early, no matter how many dude points
he may lose for it, to go to parent-teacher conferences, doctor's
appointments, play dates and pickup duty. Time-use surveys tell us that the gap in the amount of time men and women spend caring for children is closing. The Bureau of Labor Statistics American Time Use Survey
for 2008 said that in cases in which a mom and a dad work full time,
the mom spends 1.2 hours a day caring for a child and a dad spends 49
minutes. But statistics don't tell the story of a societal sea change in the
ways dads are involved, the massive shift that this generation of
fathers has undergone. In the past 10 days, my husband attended a kindergarten play,
endured a three-day camping trip, went to two T-ball practices, two
school picnics, a class birthday party, did the school pickup for both
kids twice and washed their hair every bath night (his punishment for
the latest egregious parking ticket). Last night, he collapsed in his
recliner/king's throne, flipped up the foot rest and proclaimed: "This
week, I did more with the kids than my father did throughout my entire
childhood." He is absolutely right. Read the full story here. ###
Children of Divorce and Insurance
09 June 2010 - QUESTION: If my child has an accident that damages his other parent's car or a car in the other parent's possession, who's legally responsible for the repairs? I have liability coverage on a car that my child drives while he's with me...
ANSWER: The answer depends on the language of your insurance policy. The Alabama Supreme Court Opinion published June 26, 2009 said the following:
Here is the scenario. Parents have joint custody. Dad has daughter, who is a high school student, on his automobile insurance policy with State Farm. Daughter was injured in an automobile accident. At time of the accident daughter lived primarily with the mother. The daughter sued State Farm seeking Uninsured Motorist (UIM) Benefits, which she alleged she was entitled to under her Dad’s automobile insurance policy.
State Farm filed a motion for a summary judgment, which the trial court denied. State Farm Appealed. The Alabama Supreme Court reversed the trial judge saying State Farm is clearly entitled to a summary judgment in their favor.
Why? The answer to this controlling question of law hinges on the interpretation of the language in the Dad’s automobile insurance policy with State Farm.
The Father’s policy provides UIM benefits to those "insured" under the policy. However, the policy said it covers “relatives” away at school, NOT relatives away living with her mother.
The word "relative," defined in the State Farm policy as follows:
"Relative - means a person related to you or your spouse by blood, marriage or adoption that lives primarily with you. It also includes your unmarried and un-emancipated child away at school."
If your children are driving and you are paying the insurance but they are not living with you, it’s best to consult with your insurance agent.
The 26 June 2009 case is State Farm Mutual Automobile Ins. Co. v. Rachael Brown a Minor, by and through her parents, Michael Brown and Rosemary Gilbert. ###
Happy Father’s Day
12 June 2010 - ALABAMA FAMILY RIGHTS ASSOCIATION - wishes all fathers - Happy Father’s Day!
From the newest father to the most seasoned grandfather...we wish you Happy Father’s Day and encourage you to stay actively involved in your child’s life.
There are fathers who do not have the constitutional right to be equally involved in their child’s life. The biased legal system of Alabama does not recognize that fathers may have an equally strong need to nurture and parent; that they experience profound feelings of loss and frustration when reduced to a post-divorce relationship with their children which is minimal, diminished, or non-existent. Contrary to popular belief, the majority of non-custodial fathers do pay child support (68%*) and want to be an active dad in their child’s life rather than a parent who is awarded(?) “visitation”.
Family courts need to take access & visitation interference (Parental Alienation) as seriously as they take failure to pay child support, & allow men to be a meaningful part of the lives of the children they are expected to make sacrifices to support.
Children thrive with the active involvement of both parents. Children and parents should be allowed to spend substantial time with each other regardless of the parents’ present marital status.
Government policy must be structured in such a way as to maximize the opportunity of both parents to contribute to the social, emotional, intellectual, physical, moral and spiritual development of their children (absent issues of abuse, neglect, abandonment).
Whether you have been personally affected by divorce or know of someone who has, in addition to your donation, you can help us change Alabama Famly Law by becoming a member of ALFRA.
*(compared to 57% of moms who are required to pay child support who actually do.)
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Alimony Should Not Cripple
11 June 2010 - Generally, an award of alimony is entrusted to the sound discretion of the trial court and that award will not be set aside absent an abuse of that discretion. O'Neal v. O'Neal, 678 So.2d 161, 164 (Ala.Civ.App. 1996). In making the decision to award alimony, the trial court may consider several factors, including the parties' respective present and future earning capacities, their age and health, their conduct, the duration of the marriage, and the value and type of marital property. Lutz v. Lutz, 485 So.2d 1174 (Ala.Civ.App.1986). "[T]he purpose of periodic alimony is to support the former dependent spouse and enable that spouse, to the extent possible, to maintain the status that the parties had enjoyed during the marriage, until that spouse is self-supporting or maintaining a lifestyle or status similar to the one enjoyed during the marriage." O'Neal, 678 So.2d at 164 However, "[t]he amount awarded to one spouse should not `cripple' the other spouse." Daugherty v. Daugherty, 750 579 So.2d 1377, 1380 (Ala.Civ.App. 1991); see Rubert v. Rubert, 709 So.2d 1283, 1284-85 (Ala.Civ.App.1998). ###
Madison County Courthouse Father's Day Card Handout
5 June 2010 - Join ALFRA members at the Madison County Courthouse on Friday, June 18th from 11:00 a.m. to 1:30 p.m. as we pass out Happy Father's Day cards that are specific to our ALFRA organization. What a great way to get our message out there! ###
Alabama School Systems, Non-Custodial Parents and Child School Records
5 June 2010 - The Alabama Family Rights Association - on Thursday June 10, 2010 from 6 p.m. to 7 p.m. at the Huntsville-Madison County Library - is presenting information for non-custodial parents on how to work with the school system in regards to getting their child’s school records. Many non-custodial parents endure nightmares with the school system when trying to obtain information about their child’s progress.
We will explain FERPA (Family Educational Rights and Privacy Act) and the rights of the non-custodial parent.
The Alabama Family Rights Association meeting will be held at the Huntsville-Madison County Library on Monroe Street in Huntsville on June 10th from 6 p.m. to 7 p.m. This is a free event.
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Jury Awards Man $16 Million for Ex-Wife's False Molestation Claim30 May 2010 - By Robert Franklin, Esq., Board Member, Fathers and Families.org
Missouri - In this case, a mother's claim against her husband that he sexually molested her daughter went slightly awry. Thirteen years after the fact, a federal appellate court has upheld the verdict in his civil cause of action against her and her police officer husband. The verdict was for $14 million in compensatory damages and $1 million each in punitive damages for a total of $16 million.
Back in 1991, Ted White married Tina (whose name is now McKinley) and attempted to adopt her two children by a previous marriage. But the children's father refused to give up his parental rights, so there the issue stayed. In 1995, he had a change of heart, though, and agreed to the termination of his rights. Why the about-face? It seems that Tina had informed him that if he didn't, she'd file charges of child sexual molestation against him. Too bad Ted White didn't know that.
Because about a year later, his marriage to Tina was on the rocks and, unbeknownst to him, she was seeing another man. That man was Richard McKinley, a police officer for the Lee's Summit police department. Apparently they hatched a plan to get White out of their lives and those of the children for whom he was the adoptive parent.
Tina charged him with sexual molestation of her daughter, Jami, and who do you suppose investigated the matter for the police? That's right, Richard McKinley. And during his investigation, certain exculpatory evidence went missing. That included Jami's diary, in which the girl said she thought White was a great dad and that he was more caring about her than was her mother. After Tina leveled her charges at White, McKinley also interfered in Jami's interview with the Center for Protection and Children that's charged with interviewing children in molestation cases.
White was convicted, fled to Costa Rica, was captured and spent over five years in prison successfully appealing his conviction. First, he discovered the withheld evidence and got a new trial. That resulted in a hung jury that voted 11-1 for acquittal. On retrial, he was acquitted.
He then sued his former wife, her current husband Richard McKinley and the City of Lee's Summit. The city settled out of court and the jury found both Tina and McKinley liable to White and awarded damages. Because he was a police officer acting under color of law, the suit was for violation of White's civil rights under 28 U.S.C. Sec. 1983. (We've seen that little gem used to sue the State of California for denial of parental rights for bypassing a father and placing a child in foster care.)
White has already gotten paid by the City of Lee's Summit, although how much we don't know. Will he ever see a dime from the happy McKinley couple? I doubt it, although he may agree to be paid a few cents on the dollar. Still, it's an instructive tale. False allegations are not legal. Prosecutors aren't often interested in pursuing them in criminal court, but individuals always have the civil courts in which to try to gain some form of justice. Read the legal opinion here.
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April 6, 2010 Showing of A Father's Rights has been POSTPONED30 March 2010 - April 6, 2010 Showing of A Father's Rights has been POSTPONED to a later date due to an increased interest from Alabama legislators that could not attend until the legislative session ends.
Special guests for the event are as follows: William Fain Writer and Producer of A Father's Rights, Michael McCormick, Institute for the American Family, Craig Schelske, former husband to Country Singer Sara Evans, and Holly Wales, State President of Alabama Family Rights Association.
With Special Music by Marty Raybon Formerly of Shenandoah.
Marty will sing his latest single 'Daddy Phone'.
Ticket
for MEET AND GREET with our Guest Prior to Movie A Father's Rights
Ticket
to A Father's Rights - Meet and Greet, each - $50
Ticket
to A Father's Rights, per couple - $90
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Ticket
for General Admission to Movie A Father's Rights
General
Admission Ticket to A Father's Rights, each -
$35
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General Admission
Ticket to A Father's Rights, per couple - $60 To purchase tickets by cash or check all us at 1-800-992-1190
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Father That Defied a Judge's Order Barring Taking His Daughter to Church On ABC 20/20
26 Feb 2010 - Tonight, a Friday, ABC 20/20 news program will be featuring the story of Joseph Reyes, an Afghan war veteran, and a Chicago father who defied a judge's order barring him from taking his daughter to church on his weekends.
This story has gained national attention and points directly to the need for family law reform.
This very same thing happened in Huntsville, Alabama a few years ago, however was not covered in the media.
Watch Joseph's story on 20/20, then go online and comment. Let the producers know you want to see more of these stories of judicial overreach.
20/20 airs on ABC affiliates around the nation on Friday nights at 9:00 p.m.
Tennessee - 'No Parent Left Behind" Equally Parenting Bill
This bill is identical to Alabama's - 'No Parent Left Behind'
It is getting hot in the Tennessee State Houses for Equally Shared Parenting, Your participation is needed. Yes, this is Tennessee, but be assured they are supporting our efforts on the same issue here in Alabama. Tennessee HB2916 is a straightforward bill of few words which calls for equal parenting if the parents cannot come to their own parenting agreement.
This bill has the legislature and special interests on fire.
The first hearing was Tuesday. You can watch a video of the testimony from the ALFRA website.
Another round of testimony on the bill is scheduled for next Tuesday, March 2.
If you are within 100 miles of Nashville Tennessee you need to do whatever it takes and get to the statehouse to show your support for this bill. The Hearings begin around 1:00 p.m.
Fierce opposition is coming from the usual suspects; the bar association, the domestic violence groups, the Tennessee Women's Caucus and the National Association of Social Workers.
Isn't it amazing how those who benefit financially from the present system always tend to be against legislation that would give children full access to both their parent's. Anyway, make plans to be there, we need a good turnout to offset all the attendees from the opposition who will be paid with your tax dollars to be there and argue that your children are better off growing up without one of their parents.
Question of the day:
Do you know, or can you explain, how the current standard visitation parenting time of only 4 days per month with one parent came about? Can you explain how that is in the best interest of any child absent unfitness of a parent?
The standard schedule of only 4 days per month and extended summer time amounts to an 18 year old spending 14 years of their life with one parent and only 4 years with the other parent. No wonder there are such ills in society!
If you have these answers, please send us an email?
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ALFRA's proposed Alabama Mobilized Parent Protection Act.
22 Feb 10 - Here are the Alabama Family Rights Association (AFLRA) recommendations to the House Judiciary Committee Bill regarding mobilized parents.
Our legal research team studied similar laws from sister states. Our version is consistent with those similar laws. Alabama Mobilized Parent and Child Protection Act SYNOPSIS: This bill addresses (1) custody modifications to mobilized parents in the armed forces; (2) the right of first refusal of the secondary custodial parent to exercising physical custody when a mobilized parent is on active duty; and (3) when any legal action not listed within this Act is filed against a mobilized parent, provisions of the federal Servicemembers Civil Relief Act (SCRA) shall be applicable.
A BILL
TO BE ENTITLED
AN ACT
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Definitions
For the purposes of this article the following words shall have the following meanings:
(1) ARMED FORCES. The National Guard and the Reserve Components of the Armed Forces, the United States Army, the United States Navy, the United States Marine Corps, the United States Coast Guard, and the United States Air Force, and any other branch of the military and naval forces or auxiliaries of the United States or this state.
(2) MOBILIZED PARENT. A parent who:
(a) Is a member of the armed forces; and
(b) Is called to active duty or receives orders for duty that is outside the state or country, which is consistent with provision of the SCRA.
(3) SECONDARY CUSTODIAL PARENT. A parent who:
(a) Has shared legal custody of a child.
(b) Does not have physical custody, but has rights of visitation of a child.
Actions filed against a mobilized parent.
A court shall apply the Servicemember Civil Relief Act to any legal action filed against a mobilized parent while said parent is on active duty in the armed forces.
Transfer of temporary physical custody of children of mobilized parent to the secondary custodial parent.
(1) When a mobilized parent with primary physical custody of the children has been called to active duty, the mobilized parent shall notify the secondary custodial parent by written certified mail within 15 days of notice of said active duty assignment.
(2) The secondary custodial parent shall have the right of first refusal to exercise primary parenting status with his or her children while the mobilized parent is on active duty. The right of first refusal does not apply to a biological parent that does not have shared legal custody of said children.
(3) The secondary custodial parent must provide written notice to the mobilizing parent by certified mail within 15 days from receipt of notice stating intent to accept or refuse exercising primary custody of said children.
(4) When the secondary parent refuses to accept temporary primary custody during the mobilized parent active duty assignment, the mobilized parent shall proceed with selection of a guardian as provided in the military care plan of the armed forces.
(5) If a mobilized parent does not notify the secondary custodial parent consistent with provisions of this Act, the secondary custodial parent shall at any time file a legal petition with the court to exercise temporary primary custody while the mobilized parent is on active duty.
(6) With proper notice the court shall grant temporary primary physical custody to the secondary custodial parent over the objections of the mobilized parent including overruling military care plan when the mobilized parent does not honor provisions of this act.
Temporary modification of decree for child custody or parenting time for children of a mobilized parent.
(1) A court shall not permanently modify a decree for child custody or parenting time solely on the basis that one (1) of the parents is a mobilized parent.
(2) Any modification of a child custody decree based on the active duty of a mobilized parent shall be temporary and shall revert back to the previous child custody decree at the end of the deployment, as appropriate.
Petition for assignment of parenting time rights to legal or biological relatives while a mobilized parent is out of the state on active duty military service.
(a) When a mobilized parent has been called to active duty military service and the active duty service requires the parent to be out of the state for a period of at least ninety (90) days, the mobilized parent may petition the court with jurisdiction of the order granting parenting time for a modification of that order for the temporary assignment of that parent's parenting time rights to a legal or biological relative or relatives, provided said relatives, are fit, willing and capable of exercising said parenting times. The mobilized parent shall be joined in the petition by the relative or relatives to whom the parent is seeking to assign parenting time rights. The petition shall include a proposed parenting time schedule with the relative or relatives that shall not exceed the parenting time granted to the parent at the time of filing the petition.
(b) A court shall hold a hearing regarding sub section (a) within 60 days from date petition is filed, and shall issue an order within 30 days of said hearing, unless the court has valid concerns to the fitness of said relatives.
(c) Any time a valid concern of fitness regarding legal or biological relative or relatives of the mobilized parent is brought to the courts attention, the court shall order a home study or other investigation as required to protect the children. Said investigation shall conclude within 30 days concerns are brought to the courts attention.
(d) Any findings of unfitness under subsection (c) shall be determined by clear and convincing evidence. The court shall list written findings of fact to support such determination.
(e) Any party that makes false accusations of unfitness against a military parent, and/or legal or biological relative of a military parent regarding sub section (a) and proved under subsection (c) shall be fined no less than $5,000, plus reasonable attorney fees payable to the parties required to defend such false accusations.
(f) If the mobilized parent does not petition the court for said temporary modification within ninety days (90 days) of mobilization, the children shall remain first, in the primary care of the non-mobilized parent, provided said parent desires primary care of the children; or second, in the care of the guardian the mobilized parent approved under the military care plan required by the armed services. Said parenting times shall revert back to the previous custody decree at the end of the deployment, as appropriate.
(g) The court shall presume unless the petitioning mobilized parent has been found unfit - by clear and convincing evidence - that said parent has a fundamental parental right to make best interests decisions for said children.
(h) The court shall grant the petitioner's request for assignment of parenting time if the court finds that said parenting time is not inconsistent with this Act, and not inconsistent with the federal Servicemembers Civil Relief Act.
(i) An order granting an assignment of parenting time rights pursuant to this Act shall terminate immediately upon the termination of the petitioner's term of out of state active duty military service.
NOTE: The Armed Services does not, as a matter of routine, investigate fitness of persons that a mobilized parent chooses to leave his/her children. If said child best interest decisions of mobilized parents are satisfactory for the military, same should be satisfactory for the state.
ALFRA - MD 2010-02-22
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Military Parents Called To Active Duty Deserve a More
Detailed Bill
18 Feb 10 - ALFRA
appreciates the attention from the Alabama House Judiciary Committee
working to make the lives of our military parents better, but more can
be done to ease their already difficult burden while serving our
country.
The new version of HB408-VET Sub released by the
committee only requires military parents to pay substantial attorney
fees to defend any legal action, and nothing is outlined regarding how child custody matters will be handled. The new version is premised
on the federal Servicemembers Civil Relief Act, which is 146 pages.
Read the SCRA highlights to the family law section here.
Why make our military parents pay thousands of dollars in
legal fees to protect their custody rights that can be spelled out in a
statue?
Several states have a detailed law to protect military parents
custody arrangements including our sister state Tennessee.
ALFRA studied these laws of sister states and 'No Parent Left Behind' is written
premised on those existing laws.
House Judiciary Committee you can do better to protect child
custody rights of our veterans.
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