Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Monday, July 12, 2010
Grandparents’ Custody Rights – Do You Know Your Legal Rights As a Grandparent?
Grandparents’ Custody Rights – Do You Know Your Legal Rights As a Grandparent?
Everyday across the United States, grandparents custody rights are the subject of speculation with many grandparents not knowing if they have the right of access to their grandchildren or even if they can see their grandchildren with a parent present. Fortunately, grandparents now have the right to ask for visitation or custody in all of the fifty states. At no other time has the judicial system put more emphasis on the best interest of children than it has currently.
What this means for you as a grandparent is that you do have rights as a grandmother or grandfather with full access to the courts. Judges have learned that grandparents are an important part of the lives of children and certainly more important as the divorce rate continues to increase each year. As divorces increase, so does the instances when grandparents are losing access to their grandchildren.
Also because of the increasing rise in divorce, very often grandparents are finding themselves back in the parental role just when they are entering the time of retirement. Parenting is difficult enough and the added legality of custody is an even more difficult burden. Knowing your legal rights as a grandparent is very important if you have found yourself in a custody case that requires that you take over responsibility of your grandchildren for their safety and welfare because a parent is not providing the nurturing environment required.
Unfortunately, the society in which we live today has forced grandparents to take action especially when children may possibly be in an unsafe environment. However, the courts have made the process of gaining custody less difficult and grandparents are educating themselves about the legal system and child custody in order to provide their grandchildren with the safe and nurturing environment every child deserves. Knowing your rights as a grandparent is vitally important if a child in a unsafe or unstable home.
If you are considering filing a petition for custody or visitation of your grandchildren, it is very important that you know what your legal rights are before spending money on expensive attorneys and legal fees. Knowing your rights as a grandparent can mean the difference between your grandchildren living in a unhealthy environment and a loving home provided by you. You can learn more at http://www.grandparents-rights.info and find out everything you need to know about grandparents custody rights in all fifty states.
http://pruebas.nuevosvitrales.com/rebeccaparedes/2010/07/11/grandparents-custody-rights-do-you-know-your-legal-rights-as-a-grandparent/
Everyday across the United States, grandparents custody rights are the subject of speculation with many grandparents not knowing if they have the right of access to their grandchildren or even if they can see their grandchildren with a parent present. Fortunately, grandparents now have the right to ask for visitation or custody in all of the fifty states. At no other time has the judicial system put more emphasis on the best interest of children than it has currently.
What this means for you as a grandparent is that you do have rights as a grandmother or grandfather with full access to the courts. Judges have learned that grandparents are an important part of the lives of children and certainly more important as the divorce rate continues to increase each year. As divorces increase, so does the instances when grandparents are losing access to their grandchildren.
Also because of the increasing rise in divorce, very often grandparents are finding themselves back in the parental role just when they are entering the time of retirement. Parenting is difficult enough and the added legality of custody is an even more difficult burden. Knowing your legal rights as a grandparent is very important if you have found yourself in a custody case that requires that you take over responsibility of your grandchildren for their safety and welfare because a parent is not providing the nurturing environment required.
Unfortunately, the society in which we live today has forced grandparents to take action especially when children may possibly be in an unsafe environment. However, the courts have made the process of gaining custody less difficult and grandparents are educating themselves about the legal system and child custody in order to provide their grandchildren with the safe and nurturing environment every child deserves. Knowing your rights as a grandparent is vitally important if a child in a unsafe or unstable home.
If you are considering filing a petition for custody or visitation of your grandchildren, it is very important that you know what your legal rights are before spending money on expensive attorneys and legal fees. Knowing your rights as a grandparent can mean the difference between your grandchildren living in a unhealthy environment and a loving home provided by you. You can learn more at http://www.grandparents-rights.info and find out everything you need to know about grandparents custody rights in all fifty states.
http://pruebas.nuevosvitrales.com/rebeccaparedes/2010/07/11/grandparents-custody-rights-do-you-know-your-legal-rights-as-a-grandparent/
Aware of Grandparents Rights!
Aware of Grandparents Rights!
Grandparents in every state in the United States have rights. Natures of Grandparents’ Rights are not constitutional and they do not exist in Common Law. Recognition of these Grandparents’ Rights by State Legislatures is a fresh trend. Most of the acts have been in effect from nearly 35 years.
Grandparents Rights are primarily based on State Laws and so Federal legislation may affect Grandparents’ Rights. In 1980, Congress has passed Parental Kidnapping Prevention Act. According to that each State should give full faith and credit to the custody of child decrees from other states. In 1998, Federal legislation passed legislation that courts in each State recognize and enforce grandparental visitation orders from courts in other States. All States have approved a version of Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), formerly known as Uniform Child Custody Jurisdiction act.
UCCJEA is not a Federal Statute but the provisions of this uniform law is adopted in each state are similar.
Though in the best interest of child, Courts grants Grandparents Rights like visitation or custody to grand parents only when they agree for some conditions under their State Statutes. Conditions for a grandparent to attain custody are different from those conditions required for visitation rights.
Familiarity with the conditions of either custody or visitation is important before grandparents file a petition of request from a court of law.
http://grandparentrights.posterous.com/aware-of-grandparents-rights
Grandparents in every state in the United States have rights. Natures of Grandparents’ Rights are not constitutional and they do not exist in Common Law. Recognition of these Grandparents’ Rights by State Legislatures is a fresh trend. Most of the acts have been in effect from nearly 35 years.
Grandparents Rights are primarily based on State Laws and so Federal legislation may affect Grandparents’ Rights. In 1980, Congress has passed Parental Kidnapping Prevention Act. According to that each State should give full faith and credit to the custody of child decrees from other states. In 1998, Federal legislation passed legislation that courts in each State recognize and enforce grandparental visitation orders from courts in other States. All States have approved a version of Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), formerly known as Uniform Child Custody Jurisdiction act.
UCCJEA is not a Federal Statute but the provisions of this uniform law is adopted in each state are similar.
Though in the best interest of child, Courts grants Grandparents Rights like visitation or custody to grand parents only when they agree for some conditions under their State Statutes. Conditions for a grandparent to attain custody are different from those conditions required for visitation rights.
Familiarity with the conditions of either custody or visitation is important before grandparents file a petition of request from a court of law.
http://grandparentrights.posterous.com/aware-of-grandparents-rights
Sunday, July 11, 2010
AFRa EDITORIALS-How do I find out if my rights were violated by CPS?
AFRa EDITORIALS
By Leonard Henderson
July 11, 2010
How do I find out if my rights were violated by CPS?
That's just one Search Criteria recent visitors were looking for when they found AFRa, according to our Web Counter.
As for "How do I find out if my rights were violated by cps", the problem comes from not KNOWING your Rights to begin with.
Once you find out what your American Constitutional Rights ARE, then you get MAD, because CPS violated EVERY ONE of them.
The Service or Safety Plan
It's a TRAP!
What's worse is, the CPS people have no clue that you have any Rights, either.
Their training was long ago tailored by somebody who figured out how to get American citizens to SURRENDER their rights and VOLUNTEER for CPS "services" without realizing what they are doing.
Get it? CPS people are so utterly incompetent that they don't know they are running a Color of Law SCAM.
Governments have POWERS, citizens have RIGHTS to protect them from those powers. When citizens have no Rights, any government quickly turns into a tyranny.
Apparently, ignorance of Constitutional Rights is so pervasive that attorneys don't seem to think about them, nor do Family Court "judges".
That's why I am so "in love" with the new American Bar Association National Project to Improve Representation for Parents Involved in the Child Welfare System.
I sincerely hope that lawyers in Family Law practice find out about the ABA CLE course.
It would be FANTASTIC if thousands of Parent Representative specialist lawyers became available. And it is my sincere hope that they go after the CPS Malpractice insurance for Billion$ in settlements.
In other words, sue CPS out of business and put them in prison for their Federal Crimes against America's families.
As for parents, you HAVE TO LEARN YOUR CONSTITUTIONAL RIGHTS-
THE RIGHTS-
The First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Thirteenth, and Fourteenth Amendments to the United States Constitution.
And after you learn your Rights- Use them or Lose them- you have to have the backbone to STAND UP for them.
"...because of what appears to be a lawful command on the surface, many Citizens, because of their respect for what appears to be law, are cunningly coerced into waiving their rights due to ignorance." US. v. Minker, 350 US 179, 187
In US. vs. Johnson, 76 F.Supp. 538, 540 (1947), Federal District Court Judge James Alger Fee ruled that-
"The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It's benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person." McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. "The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus."
Oh by the way, the US Supreme Court just gutted out Miranda on July 1, 2010.
Now you have to KNOW and REMEMBER your Fifth Amendment Right and TELL THEM you are going to remain silent and demand a LAWYER. Exactly the reason why Miranda Rights came into being.
Isn't that great?
COMMENT on this story
"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.) legendary Greek fabulist
If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU
Learn as much as you can, as fast as you can at How To Fight CPS
Get YOUR VERSION OF HISTORY ON THE RECORD with your Sworn Declaration
Leonard Henderson, co-founder
American Family Rights
http://familyrights.us
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©
I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRa's Lawyer Friends who certainly are not pretenders (http://familyrights.us/info/law) I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead of talking you into a plea bargain (http://familyrights.us/bin/The_Problem_with_Plea_Bargaining.htm)
http://familyrights.us/news/archive/2010/july/rights_violated.html
By Leonard Henderson
July 11, 2010
How do I find out if my rights were violated by CPS?
That's just one Search Criteria recent visitors were looking for when they found AFRa, according to our Web Counter.
As for "How do I find out if my rights were violated by cps", the problem comes from not KNOWING your Rights to begin with.
Once you find out what your American Constitutional Rights ARE, then you get MAD, because CPS violated EVERY ONE of them.
The Service or Safety Plan
It's a TRAP!
What's worse is, the CPS people have no clue that you have any Rights, either.
Their training was long ago tailored by somebody who figured out how to get American citizens to SURRENDER their rights and VOLUNTEER for CPS "services" without realizing what they are doing.
Get it? CPS people are so utterly incompetent that they don't know they are running a Color of Law SCAM.
Governments have POWERS, citizens have RIGHTS to protect them from those powers. When citizens have no Rights, any government quickly turns into a tyranny.
Apparently, ignorance of Constitutional Rights is so pervasive that attorneys don't seem to think about them, nor do Family Court "judges".
That's why I am so "in love" with the new American Bar Association National Project to Improve Representation for Parents Involved in the Child Welfare System.
I sincerely hope that lawyers in Family Law practice find out about the ABA CLE course.
It would be FANTASTIC if thousands of Parent Representative specialist lawyers became available. And it is my sincere hope that they go after the CPS Malpractice insurance for Billion$ in settlements.
In other words, sue CPS out of business and put them in prison for their Federal Crimes against America's families.
As for parents, you HAVE TO LEARN YOUR CONSTITUTIONAL RIGHTS-
THE RIGHTS-
The First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Thirteenth, and Fourteenth Amendments to the United States Constitution.
And after you learn your Rights- Use them or Lose them- you have to have the backbone to STAND UP for them.
"...because of what appears to be a lawful command on the surface, many Citizens, because of their respect for what appears to be law, are cunningly coerced into waiving their rights due to ignorance." US. v. Minker, 350 US 179, 187
In US. vs. Johnson, 76 F.Supp. 538, 540 (1947), Federal District Court Judge James Alger Fee ruled that-
"The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It's benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person." McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. "The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus."
Oh by the way, the US Supreme Court just gutted out Miranda on July 1, 2010.
Now you have to KNOW and REMEMBER your Fifth Amendment Right and TELL THEM you are going to remain silent and demand a LAWYER. Exactly the reason why Miranda Rights came into being.
Isn't that great?
COMMENT on this story
"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.) legendary Greek fabulist
If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU
Learn as much as you can, as fast as you can at How To Fight CPS
Get YOUR VERSION OF HISTORY ON THE RECORD with your Sworn Declaration
Leonard Henderson, co-founder
American Family Rights
http://familyrights.us
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©
I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRa's Lawyer Friends who certainly are not pretenders (http://familyrights.us/info/law) I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead of talking you into a plea bargain (http://familyrights.us/bin/The_Problem_with_Plea_Bargaining.htm)
http://familyrights.us/news/archive/2010/july/rights_violated.html
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