[AKidsRight.Org] Bargaining away your rights in Court?

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From: John Murtari (jmurtari@AKidsRight.org)
Date: Mon Oct 23 2006 - 16:51:19 EDT


Good People & People of Faith,

I want to thank all of you who sent in email advice regarding my
recent Court actions.  It was comforting to see many of you agree with
the position Teri Stoddard and I had worked out.  There is another
Court appearance scheduled for tomrrow, October 24th.  The judge will
make his final decision.  If I am released a quick message will be
sent out to the list.

For complete details, see http://www.AKidsRight.Org/support_jm.htm.

As many of you have experienced, negotiating in Family Court and
agreeing to "compromise" can be like walking through a mine field --
not to mention you often have to make life altering decisions with
only a few minutes to decide.

Many times "professionals" are asking you to "do what's best for your
kids" by choosing something that doesn't make sense given the facts or
ignoring the great love you have for your children.  Sometimes you are
promised that corrections you might want can be made in a "later"
court proceeding.

Other times we are asked to negotiate an agreement, but it's a one
sided affair with the other party holding all the cards -- many agree
to injustice after being told, "take this arrangement, it's the best
you'll be able to get."

I've included an excerpt from an email to my attorney regarding
negotiating for my upcoming Court appearance on Tuesday (Oct. 24).

I had also been tempted to give up some ideals for the quick fix --
the ability to get out of jail and to see my son, Domenic, a month
earlier.  I'm thankful I had the chance to think things over.  It is
so easy to lose Faith and agree to injustice.  When we do that we
diminish ourselves and the importance we have in the lives of our
children.  It's hard to resist the pressure of the "system," but it is
possible.  Certainly in this case we have all shown that acting as a
group with good public support can be effective.  We haven't changed
the laws yet, but we are increasing public awareness.  Again, the
fight many poor Blacks made against segregation should be a good
example to us.


E-Mail to attorney
-------------------
Mr. Keller,

It's late on Friday and since I didn't see you here I thought I would
send you a few more notes on the upcoming court appearance.  Just in
case we don't have a chance to really talk before court next Tuesday.

What I would like:
* Immediate release from jail with no more pending jail time.
* Restoration of driving license until order from Wayne County.

The benefits of the above:
* allow me to insure normal business operation.
* start execution of business plan for new product we can sell.
* allows Domenic and I to resume normal contact.
* removes the risk of arrest for driving.  Saves expenses I presently
have for having people drive us around when I'm with Dom.  Allows us
to visit wider circle of family and friends.
* hopefully shortens the time necessary for me to make more money and
make greater support payments.

I will have a modification petition filed in Wayne County by March 1,
2007, need to have money to pay you as attorney.

Okay to abandon the appeal.

Negotiations - based on fair treatment.
* Past support amount recalculated based on my actual income.

* Credit for travel and other expenses for Domenic.  Domenic starts
school here in September 2007 and finishes here, we have joint legal
custody.  I waive any support payments from Adrienne while Dom is with
me.

Mr. Keller, I doubt they will like any of the negotiated settlements
since they have everything right now.  But I hope we can show the
judge we made an attempt.


-- 
                                       John Murtari
____________________________________________________________________
Coordinator                            AKidsRight.Org
jmurtari@AKidsRight.Org                "A Kid's Right to BOTH parents"
Toll Free (877) 635-1968(x-211)        http://www.AKidsRight.Org/
  
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