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Legislative Updates: Tennessee / New York / Pennsylvannia / Ohio / Massachusetts - California results.

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From: AKidsRight.Org Webmaster (webmaster@AKidsRight.Org)
Date: Wed Oct 22 2003 - 11:09:03 EDT


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Good People & People of Faith:

This message contains information on:

1) California Vote - parent's issues and politics.
2) Pennsylvannia - legislation pending.
3) Ohio - new bill introduced(HB232)/Galluzzo Case update.
4) New York - looking for action and help.
5) Massachusetts - some recent news.
6) Louisianna case law - see your child, post a $100,000 bond first?
7) Tennessee - what equal parenting means.

We print the following "news" and encouraging you to check the pending
legislation.  There are contact email addresses printed for the people
involved -- the would be glad to hear from you.  Your FEEDBACK to us is
welcome.


1) California Vote - parent's issues and politics.
------------------------------------------------
We had mentioned the candidacy of Dr. Warren Farrell in the California
Governor's race.  He is a well known author and active in Family issues.
You can check the link below for complete results -- out of over seven
million votes cast, he got 557.  Imagine that!

http://www.sfgate.com/election/races/2003/10/07/CA/California/G2003100760.shtml

Many would have thought there would have been enough "single issue"
voters who were parents, that he would make a "mark" on the results --
he did not.  Why?  We certainly hope to hear from Dr. Farrell himself
and his own analysis.

http://www.akidsright.org/archive/archive2003/0029.html

Regarding an earlier message (above) that we had posted regarding
waiting for some answers to platform questions.

Following from: Joanne Rudman <aces4kids_jo@yahoo.com> [posted late by us!]

> I feel it necessary to comment on the reference to Warren Farrell not
> supplying immediate answers to your questions.  Sorry, but it sounds a
> little critical to me.  Living here in California (Sacramento) and
> sharing membership on the executive board of directors of NCFC with
> Warren, I must say on his behalf, that every waking moment is spent on
> trying to educate Californians. and righting some of the wrongs in
> this chaotic state!

> With only days remaining before our recall election, Warren is
> traveling all through the state. Even if you are not residing in CA,
> it would be a unifying measure to support all his efforts and respect
> the fact that he puts his money, time, and tireless work where his
> mouth is!  I have included excerpts from his messages: Joanne



2) Pennsylvannia - legislation pending.
--------------------------------------
-- submitted by: "Ms.Denise D.Simpson" <coparenting@yahoo.com>

> It is here!  Get with your representatives immediately and tell them
> to promote and vote for this bill.

>  http://www.legis.state.pa.us/WU01/LI/BI/BT/2003/0/HB2041P2691.HTM

> Denise D.Simpson, President, Cooperative Parenting for Divided Families
  Director/Group Coordinator, Cooperative Parenting Groups' Initiative's
  412.731.6270
> http://trfn.clpgh.org/cpdf



3) Ohio - new bill introduced(HB232)/Galluzzo Case update.
---------------------------------------------------------
-- submitted by: Ray R. Lautenschlager <ma5hie@hotmail.com>

All the briefs in the Galluzzo case are available for viewing on the PACE
website http://www.pacegroup.org under a direct link from the title bar.

Information on the Ohio legislature bill (HB232)for a presumption of equal
parenting can be found at:

http://www.pace-akron.net/

See a copy of the legislation at:

http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_232


4) New York - looking for action and help
-----------------------------------------
--- from dadlobby@localnet.com

> The Coalition of Fathers and Families NY, Inc. is holding itâ~@~Ys
> annual membership drive.  We are gearing up for the 2004 Legislative
> year and Legislative Education and Awareness Day on Tuesday May 4th,
> 2004.  If you are looking to become part of an organization that is
> working for social and political change, then this is your
> organization.  I ask everyone to review the attached and then send in
> your membership dues.

> Additionally we are looking for 100 good men and women to volunteer a
> little of their free time towards the betterment of families.  Many
> hands lighten the load, and as the only organization that is lobbying
> in Albany on behalf of families we can use the help to lessen the
> burdens of those currently working on your behalf.  Think about
> becoming a County Coordinator with FaFNY.  I think you will find the
> work both rewarding and empowering.  Our renewal membership letter
> follows and information is attached in Acrobat.  Please feel free to
> distribute this information far and wide.  Together we can make the
> 2004 Legislative Year the Year of the Family!


--- From Harold L. Rosenberger <FamilyCourtReformPartyNY@Hotmail.com>

> I'm a noncustodial parent.  I want to become involved in trying to
> being about REAL change to the Family Court system.  I've been
> involved in a number of things.

> 1) Attempting to start my own political party: Family Court Reform
> Party of New York

> 2) Writing letters to state representatives about the shared parenting
> bills.

> 3) Filed a lawsuit in Federal Court (modelled after the Galluzzo case
> in Ohio which has proceeded on it's mertis) challenging the
> constitutionality of NY custody law.

> I was also trying to bring my lawsuit to the attention of the public,
> by getting a newspaper to write an article, but no luck so far.  I am
> interested in your cause, and how I might help.

 > Harold L. Rosenberger
 > Family Court Reform Party of New York
 > 114 Vista Drive
 > Highland, New York 12528
 > 845-691-8835


5) Massachusetts - some recent news.
------------------------------------
http://www.thetranscript.com/Stories/0,1413,103~9054~1655799,00.html

North Adams Transcript
Thursday, September 25, 2003

Fathers seek shared parenting rights
by Erik Arvidson, Transcript Statehouse Bureau
earvidson@lowellsun.com

BOSTON -- State lawmakers are considering a measure that would
give noncustodial parents equal status in parenting after a divorce and
eliminate what critics say are unfair laws that discriminate against
fathers.

Advocates for fathers' rights will urge a legislative panel today to
pass a bill that would allow judges in divorce cases to establish a
plan for shared parenting of a child.

The Judiciary Committee is also considering a similar measure that
would curb the rights of a custodial parent to move with their child to
another state without the consent of the other parent.

"What this does is puts the welfare of the child above the parental
rights," said Rep. Colleen Garry, a Dracut Democrat and cosponsor
of the bill. "It starts with the public policy that states both parents
are important to the child and that both should have legal and physical
custody, assuming one of them doesn't abuse the child."

The bill is cosponsored by state Rep. David Torrisi, D-North Andover,
and state Sen. Andrea F. Nuciforo Jr., D-Pittsfield.

.... (for more text, follow link above).


6) Louisianna case law - see your child, post a $100,000 bond first!
--------------------------------------------------------------------
We have added a link to the complete appellate decision in the case
of: Walet v. Caulfield, No. 2002 CU 2009 (La.App. Cir.1 06/27/2003)

http://www.AKidsRight.Org/court.htm

This is a complete decision in a case of "keep away" and where a lower
court decided a parent had to post a $100,000 bond before they could
visit with their child.  In the appellate decision above, some good
things were done.

But as you read the case above does the "craziness" of the whole thing
come through -- many of us can relate to the experiences and feelings
these parents must have had.  As we say in our Family Rights Act, is it
time to recognize equal parents unless you can prove beyond reasonable
doubt (and with the protection of a jury), that a parent is a
demonstrated threat to their own children?

http://www.AKidsRight.Org/act.htm


7) Tennessee - what equal parenting means. Info on pending bill.
---------------------------------------------------------------

--- submitted by Dan Lee <president@childsbestinterest.org> in response
to a question for the candidate we had posed to Dr. Farrell.

>> 1. In your "thesis" you mention "equal parenting" after a divorce.
>> When you have two parents who don't get along and at least one "hates"
>> the other -- how is this implemented?  What major changes would you
>> propose to present California Family Law?  When their are allegations
>> of "bad parenting" or "abuse" when/how is "equal parenting" affected?

> Equal parenting is implemented by a child custody law that upon
> request of either parent, they recieve the custodial status up to 50%
> of the time.  The other parent would then have 50% time as the
> custodian, and this would alternate between them yearly, in multi-year
> blocks, or once prior to the child reaching age 18.

> First this would lessen the creation of parents who hate each other,
> as there would be no hurtful custody battle, and no unfair outcome
> which tends to perpetuate strife.  Second, parents who are presently
> in conflict would tend to calm down, because the use of the child as a
> weapon becomes self-defeating when the weapon will soon be available
> against the offending parent.  Third, for the small remaining number
> of anti-social parents who will be in conflict no matter what the
> circumstances are, the conflict is irrelevant for custody purposes
> because they only need to have the child available in a time and
> place, and failing that as they are not turning the child over to the
> custodial parent the full weight of the legal community would be
> brought to bear on them.

> As this relates to your situation, you would have the option of
> getting full custody of your son, in equal measure with the mother,
> and you would receive child support when the custodian, etc.  Once the
> mother perceives the new system, you will likely never have a problem
> with access to Dominque, or any other issue again.  And note you
> wouldn't have to take custody, but it would be an option.

> Questions of bad parenting are dealt with by the standard where state
> intervention is only allowed when the child is in harm to the level
> where the state has to physically take custody of the child.  Below
> that threshold, the state or any other third party may not intervene.

> We hope to have these principles in law in Tennessee next year.  See
> our newspaper article on these issues:
http://tennessean.com/opinion/nashville-eye/archives/03/09/38376215.shtml?Element_ID=38376215

> To see the pending equal bill which you can
> introduce into your state legislature, click on the license plate at:
> http://childsbestinterest.org

> Daniel Lee, President, Childs Best Interest
> http://childsbestinterest.org


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