Topics

The court order states that we shall each pay 1/2 of our child's health insurance premiums and uncovered medical expenses. As non-custodial parent, I include my half each month with child support.

I have recently found out on my own that the mother has not been paying the insurance premiums and that it has lapsed. Yet I have never been informed of any change in premium amounts and have continued to pay 1/2 of the last known premium amount. In other words, she's pocketing money intended to fulfill the order.

Obviously, fraud has occurred, as she is taking money intended for insurance premiums and using it for other purposes. However, is there contempt here too? That is to say, she is required to pay 1/2 of premiums, as well. And although I have, she has not.  Note that she did not, herself, cancel the insurance, but rather it was canceled after three months of non-payment.

Any other ideas?

Around here, the standard answer for legal questions is "hire an attorney". So, last week, I attempted to do just that. My goal was to get a judge recused for what I believe are actions and remarks demonstrating a clear and partial bias against me and in favor of the ex.

I went to three different attorneys and explained the case in detail to each of them. In the end, the cost was simply going to be too great to bear on top of what I'm already paying in support just to stay out of jail. (Yes, my ex is one of those who LOVES to file contempt charges when, for example, medical payments are not strictly paid in 30 days.)

Well, I just found out yesterday that one of these attorneys contacted the judge personally following our consultation and gave him a "heads up" about the impending effort to recuse. The judge in question not only accepted this information but solicited the attorney to provide him with a copy of my proposed motion.

It is my understanding that anything said by me to the attorney is privileged, even if he was not ultimately hired. If correct, than this attorney has made a serious breech of ethical standards. But what of the judge? Who is this to be reported to? What are the ramifications? What is the oversight for judges to which I may turn?

And yes, I do have evidence, but for prudence sake please let us not get into that issue at all right here for now.

Thanks

Dear Socrateaser

State of GA.

It has become routine for ex to accuse me of not paying support even though I send it every month without fail. A co-worker who is familiar with the matter volunteered to address and stamp each envelop and deliver it to the post office directly on my behalf. We even began recording this on video when it appeared that the checks were not being cashed after several months with the idea that, should she raise yet another contempt complaint, I might show that she was, in fact, lying to the court, and possibly put an end to this rubbish behavior.

Sure enough, in May of 2007, she filed a complaint alleging that I had failed to send support "from December 2007 through May of 2007", seeking back support and attorney fees. (Yes, she said Dec '07 instead of '06.) A hearing was held in September. Prior to the hearing, I put a stop-payment on all of the original checks and sent a single large payment to her attorney, filing a photocopy of it with the court. The check had cleared before the hearing date.

Prior to the hearing, her original complaint was never corrected or amended. I carried proof of the cleared check with me, along with a sworn affidavit from the individual who had deposited all of the earlier checks in the mail on my behalf. Seemed open and shut and I wondered why she was still insisting on the date. (No requests to her attorney for negotiations have EVER been answered.)

At the hearing, her attorney stood and claimed that payments from June through September had not been received. He further stated that there were uncovered medical expenses which I had not paid per order totaling about $200. I responded by first insisting that I had never been served with any complaint about non-payment of June through September support to which to prepare a defense, and that her pleading also said nothing about uncovered medical expenses, and that I had never been otherwise informed about such expenses.

The judge said "Well, the child needs the support" and then just turned to her attorney and, without seeing any evidence whatsoever, began adding up numbers. He issued an order right there (already prepared by her attorney... convenient) finding me in contempt of court for non-payment of support and uncovered medical expenses, and ordering me incarcerated until the amount was paid. Furthermore, he ordered that I pay $1500 in attorney fees. The order specifically states that I could purge the contempt by payment of the arrearage "plus $1500 for the cost of this action".

1 - The ex presented not one single document or evidence at the hearing. No exhibits or affidavits... just the complaint. All of her claims were simply taken at word, while I offered documentation and affidavits. Does this fulfill the requirement of an "evidentiary hearing"?

2 - To speak in the vernacular, what's up with bringing a new laundry list of complaints to court without a chance to respond? I never heard a single word about uncovered medical expenses, and to this date don't even know what that money was for. No previous complaint. No proof of payment. Is this appropriate procedure? My protest in court over the matter was completely ignored.

3 - I may not be the brightest bulb on the Christmas tree, but it seems to me that the simultaneous order to pay attorney fees and to be incarcerated until such fees are paid constitutes both an absence of due process and an imprisonment for a debt... both of which are unconstitutional. There was no previous order for attorney fees for me to be in contempt of, and no opportunity to pay the attorney fees until after being incarcerated. I realize that this makes things very fast and convenient for the attorney to collect his fees, because who wants to be in jail? But geez, since when did we suspend Constitutional right for the sake of expediency? Am I making too big of a deal about this, or was this a gross violation of constitutional rights? Does it make the order invalid on its face?

4 - Many weeks prior to trial, I had requested discovery from the ex for documents relevant to her complaint, in addition to financial information in response to her request for attorney fees. In Georgia, the law REQUIRES a judge to "consider the financial situations of both parties" when attorney fees are requested in domestic matters. The filed and served request was ignored. A week prior to trial, I filed and served a Motion to Compel. It was never answered. The order mentions nothing of these outstanding matters or motion. Was an award of attorney fees at the time of trial beyond the discretion of the judge at that time?

5 - As mentioned earlier, her attorney drew up the order in advance, leaving blanks beside dollar signs until the judge filled them in. It seems as if little, if anything, is correct or lawful about the order, and the defects within it, such as the imprisonment for a debt, are un-amendable. Do any of the things I have described justify the vacating of the order?

Many thanks

State of GA.

GA law says that rulings on motions will be without oral hearing unless requested otherwise by either party. In my civil action for parental interference, defendant filed a motion to dismiss, and I promptly filed a response. My response was filed 3 1/2 months ago and we have heard nothing from the court. I requested that a jury trial be granted. I did NOT file for a rule nisi.

1 - I know the wheels of justice move slowly, but does this seem unusually long? And if so, is there anything I can do to get things moving?

2 - Defendant's motion was VERY weak. Of course, I expected the motion, but her attorney did not raise the strongest arguments I had anticipated. In fact, the only caselaw she provided was both misquoted AND misinterpreted. Can the judge dismiss the complaint on any basis not specifically raised in defendant's pleading (other than obvious problems such as jurisdictional issues, of which there are none)? I know the "text book" answer, but what happens in the "real world"?

Thank you

State of GA.

Temporary support hearing held in May of 2003. BM submitted a financial affidavit per statutory requirement in a child-support hearing. Sworn affidavit claimed only minimal assets, no house, an meager earnings.  Judge awarded temporary child support to BM.

Six months later, following a hearing, judge made a final order of child support.

Fast foward nearly three years...

I recently find out that the very morning following the temporary hearing in May 2003, BM's father transferred his marital home into BM's ownership (allegedly to avoid having it be a part of his own imminent divorce proceedings). House is valued at close to $400,000. Shortly thereafter, BM borrowed cash against the house as collateral in order to purchase a second home for herself.

BM never updated her financial affidavit to reflect ownership of the house prior to the November 2003 final support hearing.

Statute of limitations for fraud (including child support hearings) is THREE years in GA. (Yes, the statute of limitations is running out soon.)

1 - Does the BM's failure to update her financial affidavit prior to the final hearing to reflect such a substantial asset constitute fraud by misrepresentation for which upon motion an order to set aside the judgment may be rendered?

2 - If fraud was committed and the judgment set aside, can attorney fees paid to BM as part of the original proceedings be recovered?

APPLICABLE STATUTES

Title 9, Chapter 11, Section 60
(d) Motion to set aside. A motion to set aside may be brought to set aside a judgment based upon: (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant;

Title 13, Chapter 8, Section 12
"Fraud" means, in addition to its normal legal connotation, the following: a misrepresentation in any manner, whether intentionally false or arising from gross negligence, of a material fact; a promise or representation not made honestly and in good faith;

Title 11, Chapter 1, Section 201
(16) "Fault" means wrongful act, omission, or breach.


PS.

Background Only:  

Following the order of 11/03, BM's father continued to place other significant holdings in her name, including ownership of his real estate business and numerous personal land properties, as part of his effort to use BM as a "shield" for his assets.

Ironically, about one year following the final order of 11/03, BM actually brought an action for modifcation and attachment for FRAUD against ME, claiming that I had misrepresented my assets during the proceedings. She alleged that I had failed to reveal some $884,000 in stock. In reality, there had been a clerical error and my account was, for 24-hours, erroneously credited with an $884,000 stock purchase. In reality, the account had been empty for years! The motion was dismissed, of course.

This is a followup to several posts I've had over the past few months. I filed for a declaratory judgment seeking recognition of my parental rights in GA as established in VA.

Quick background. Child was born and legitimated in the state of VA in 1997. We were both recognized as "fully equal guardians, with equal legal rights and equal legal powers in regards to [our] child." . Fast-forward to GA in 2000. Mommy decided to leave and take child with her. She says that child is illegitimate and that she has "all the rights". We co-parent voluntarily for about 2 1/2 years. Over the next six months, she begins withholding child. I file for an order of joint legal and physical custody. In her response, mother says that child is illegitimate and asks that the petition be dismissed.

There is no formal hearing. We meet in judges chambers (NEVER again!). Her attorney says case should be dropped because child is illegitimate. I show (as stated in my petition) that the child was FULLY legitimate in VA, and that federal law specifically requires all states to provide full faith and credit to determinations of paternity to all others states with the same force and effect as they enjoyed in their original state. Judge arrogantly states (verbatim): "I don't follow Virginia law. And I don't follow federal law."

(GA statute provides that stating the foreign law for which the litigant desires recognition in pleadings constitutes sufficient judicial notice for full recognition. Both VA and Fed laws were stated in the original pleading.)

There's no question that the child was legitimate in VA. The problem is having her recognized as such in GA. The pleadings of foreign law should have been sufficient. In addition, GA public policy expressly prohibits the "de-legitimation" of a legitimate child.

The hearing in chambers lasted about 90 seconds. The order states:

"Plaintiff contends that the child is legitimate and he brings this Petition to gain recognition of his rights by what he contends is Virginia law. The Court finds that the Plaintiff has not met his burden of proof and the Petition for Joint Custody is dismissed."

In response to my petition for declaratory judgment, respondent states:

"Plaintiff's Complaint is barred in whole or in part by the doctrine of res judicata due to the previous order entered on November 19, 2003, which dismissed Plaintiff's claims for custodial rights of the minor child based upon VA law. The Court found that Plaintiff had failed to meet his burden of proof for attaining custodial rights, based upon VA law, and dismissed his action. Plaintiff is now attempting to take a second bite at the apple in bringing this action against Defendent based upon his alleged custodial rights."  [END OF QUOTED RESPONSE]


Supreme Court Rule 67.03 states:

"Any involuntary dismissal shall be without prejudice unless the court in its order for dismissal shall otherwise specify." The general rule is . . . that "a dismissal without prejudice is not a final judgment," and, therefore, cannot be appealed." In a case of a dismissal without prejudice, a plaintiff typically can cure the dismissal by filing another suit in the same court; hence, a dismissal without prejudice is not a final judgment for purposes of appeal. In most instances, a dismissal without prejudice does not constitute an adjudication on the merits."

1a - The order does not specify that it is dismissed with prejudice. Seen in this light, and considering Supreme Court Rule 67.03, does the above order seem to be a final order subject to res judicata, serving as a bar in any way to future litigation? Or, is it dismissed without prejudice?

1b - Seems to me that "failure to meet a burden of proof" constitutes a dismissal of the petition, but not one of the merits of the action itself. Thus, a dismissal on the basis for such a failure would not automatically preclude a plaintiff from reasserting the claim based upon new factual allegations. Correct?

2a - The Order says the request for joint custody is dismissed. It does not, in my view, order that the child is illegitimate, but rather that the proof of legitimacy as a PRE-CONDITION to petitioning for custody was simply not met. So what is it really saying? (Or, if it's truly not appealable, does it really matter?)

2b - My original complaint was merely one for joint physical and legal custody in response to the separation of the mother and I. The paternity action in VA is protected under the principle of res judicata. Has the judge here actually adjudicated (or "re-adjudicated") the paternity issue? Or I am just reading something into it which isn't there? If so, what are the implications?

3 - Eventually, obviously, I want to petition for custody. But right now, I need the declaratory judgment for recognition of my parental rights. How does this order seem to affect a potential petition for declaratory judgment?



About a year following these proceedings, the mother brought a support modification against me. Although she voluntarily dismissed the action, she still (???) demanded attorney fees. During mediation, I acquesced in return that our child be recognized as legitimate. She agreed. The SIGNED mediation statement, written by her attorney, says: "Both parties recognize the legitimacy of their child as established in the state of Virginia at the time of her birth."  However, when her attorney prepared the order, he included the dismissal, and he included the part where I agree to pay half the fees, but he omitted the agreed upon condition of the recognition of legitimacy. He was supposed to send me a copy for inspection before going to the judge. He did not. The judge signed it not even knowing of the agreed-upon condition.

5 - In pursuit of recognition of my parental rights, is this document worth the paper it's printed on in some way? :) That is, while it's not an order of any type, can it be used in ANY way useful as evidence?

I ask all of these things because I KNOW that the mother is going to vehemently DISPUTE and FIGHT and attempt by me to exercise or obtain recognition of parental rights. She once suggested that her attorney told her that, according to the original final order (above), I have "no rights", and that the issue can never be re-litigated (due to res judicata). Naturally, I'm not depending upon her for legal advise, but I can use her statement as a defense to prepare for.

Much thanks!

State of GA. More than 5 weeks ago, I filed a motion for the vacating/termination of a non-violent protective order obtained by my ex on the grounds that 1) the charges she brought against me which were the basis of the order had been dismissed in my favor, and 2) she had, herself, vititiated and undermined the order by consistently contacting me, approaching me, and soliciting me to do the same.

As of today, no response has been filed to my motion. It is now 7 days overdue. This leads me to believe that she does not intend to file a response. In fact, she had mentioned at one point during the summer that she may file the motion herself. However, as she lives a hundred miles away, it would be an inconvenience for her. So, the distance, along with her apparant indifference to the order at this point may be what has caused her not to respond.

1) Would it be prudent at this time to submit a Motion for Default Judgment? (I understand that SOME jurisdictions have a request form to submit, so I'll need to check on which is necessary in this case should this be the route to go.)

2) I'm not asking you to be a mind reader, but is there a prevailing attitude or pattern among judges to grant default judgments when the other party doesn't respond or show up to court?

3) Any other insights I should be aware of in a case such as this?

Thank you very much. Your help is always appreciated even when it is not the answer we want to hear!

Dear Soc,

The issue here is a motion for declaratory judgment in the state of GA in order to have parental status and rights as established in another state by means of administration judgment enforcable in the forum state. The mother was a party to the administrative action in the birth state; she does not deny that I am the father, but she denies that the administrative action in the birth state legitimated our child. Legally, she in incorrect, but her contention, along with the absence of an ENFORCABLE ORDER within the state of GA, creates a question of law answerable by declaratory judgment.

(NOTE: GA statute clearly recognizes both administrative and judicial or have I missed something? judgments of paternity from all other states, requiring that they be afforded full legal weight and effect as they enjoyed in their original state. However, the statute doesn't provided any particular PROCEDURE (short of declaratory judgment) by which administrative judgments are recognized with full faith and credit in an "enforcable" form. )

I have prepared the motion, citing the applicable laws from the original state, and submitting proper notification for recognition of foreign law.
 
1 - The mother is, obviously, the defendant in this declaratory judgment action. And yet, as such, isn't the action effectively opening the issue of paternity and parental rights for RELITIGATION?

2 - It seems almost like splitting hairs, but in cases of actual controversey in which a declaratory judgment is sought, how can I avoid allowing the issue to become relitigated?

3 - I'm going to try and answer this question myself and suggest that when seeking a declaratory judgment, FACTS themselves are not litigated, but rather only the LEGAL EFFECT as applied to those facts. For example, the fact that both the mother and I performed the administrative act regarding paternity could not litigated unless the defendant claimed that it was the result of fraud or mistake. However, we may both argue our legal theories as to what the legal effect is in regards to having performed the act. Does this sound correct?

_________________________

Finally, I probably should file an amendment to my original pleading. At the time I filed it, I alleged that the defendant committed a wrong-doing (withholding our child) from time X to time Y. However, since the time of the original pleading, the defendant has commenced her harmful acts and they are ongoing. I cant get into court later, seeking relief, and expect the judge to recognize any request for relief from a cause of action that is different than what appears in my pleading.

1. I hope this question isn't too vague, but what elements are necessary to amend a complaint to reflect the resumption and continued nature of the allegation?


Much thanks!

Hello Soc.

These questions regard the submission of financial affidavits in regards to child support proceedings. The state is Georgia.

On the morning of May 13, 2003, the mother and I appeared in court together for our first child support hearing (her petition). She had also asked for attorneys fee. At the time, she lived with her father and stepmother.Moments before the judge walked in, she handed me a financial affidavit. I had submitted one to her some 4 weeks earlier. The judge reviewed both affidavits. A temporary order was granted that day, ordering me to pay her $300 per month plus half insurance. After another hearing three months later, the unchanged final order was entered. (He did NOT award attorney fees.)

Eighteen months later, mother filed for contempt against me alleging that I had not paid CS for three months. Again, she was seeking attorney fees in addition to the alleged arrearage. We went to court and, in CHAMBERS, I presented three envelopes to the judge, all postmarked, showing that the checks had indeed been mailed but had been RETURNED TO SENDER because she had taken the child and moved away and her forwarding service with the post office had expired. She had failed to inform either me or the court of her new address. (She had continued to arrange pickups/dropoffs at the old house in order to maintain a ruse that she had not moved.) I was prepared to hand over the checks to her immediately and call it quits, but she didn't want to back down on the attorney fees, claiming that she wasn't responsible for the postal service's mistakes. Personally, I found that argument absurd, but I was genuinely trying to foster amicable relations in a deteriorating relationship for the sake of our child. I told the judge that I would AGREE to pay half of her attorney fees in the action as a gesture of good will. The amount that I paid to her was $750. During these proceedings neither of us submitted a financial affidavit. My financial situation had not changed since the proceedings eighteen months earlier, and I assumed hers had not, as well, especially since she had not changed employment.

Months later, she filed yet another contempt charge (groundless... she's just addicted to litigation) and asked for attorney fees.  At this point, I viewed her conduct as simply harassment, so I decided to at least not make it easy for her. In Georgia, attorney fees are discretionary, and as such, the person asking for them is subject to financial discovery. Accordingly, I submitted a lengthy discovery request for bank records, credit card statements, and all sorts of things. To my surprise, rather than retaliate, she dismissed the motion altogether.

About six months later, I bumped into her stepmother in public one day and we small talked. During that time, I learned that she was divorcing my ex's father. We stayed in touch after that by email, keeping each other informed about our cases.

A few months ago, her stepmother and I bumped into each other and public and started talking. Naturally, we talked about our respective cases. As we talked, however, we started seeing some things which caused us concern. She had filed for divorce on May 3, about ten days prior to my initial hearing. Between the 5th and the 13th, there were six separate attempts to serve him at his home (where, at the time, my ex also lived). Again, my hearing was on the 13th. On the morning of May 14th, he transferred all of the marital property, including the house, to my ex. He also transferred all stock in his privately held real estate corporation to her.  As a result of these transfers, Ed was able to appear in court and claim that he had no assets whatsoever (except an old car, clothes, and a computer).  Just hours after transferring these assets, he was finally successfully served.


1 - Was my ex under an obligation to inform the court (and me) of her substantially changed financial circumstances, which occured less than 24 hours subsequent to the temporary support hearing and three months prior the hearing in which a final order was issued?

2 - If so, were we each under continued obligation to during the contempt proceeding to keep the court and each other informed? Neither of us specifically requested any discovery. Again, I assumed her financial status had not changed.

3 - Had I known that her financial situation had so SUBSTANTIALLY changed, I may not have AGREED to pay half of her attorney fees. Does her failure to inform me and the court of these substantial changes in her financial status since the last time she submitted an affidavit constitute FRAUD? And, as such, are there grounds for demanding that they be returned?

I should point out that in the divorce hearing between her father and stepmother, the judge actually declared the corporation ILLEGITIMATE, saying that it clearly existed purely for the purpose of maintaining his own personal expenses. I am unsure how that affects my ex as sole shareholder, but thought it worthy of mention. The house, however, is still in her name (and actually up for sale at the moment) and is valued at around $400,000.

Other things of note which may or may not be relevant: 1) My ex, acting as Chief Financial Officer of the corporation, wrote checks to her father from the corporate over a period of two years (and during her contempt proceedings) totalling hundreds of thousands of dollars. On them, they allege that the purpose of the check is for a "loan repayment", yet no record has been produced in the divorce proceedings discovery reflecting any loans from him to the corporation. 2) The account reflects no other activity whatsoever except the annual corporate renewel and filing fee to the Secretary of State's office. 3) Although she is admitted by her father as the corporation's "sole shareholder", the corporation (or her father) has not filed an income tax return since 1993. Thus, it is difficult to ascertain the true financial worth or activity of the corporation. 4) The stepmother has filed a lis pendens on the house

Clearly, this is a case of two people attempting to conceal assets from two different court proceedings. Thus, any other insights you may offer would be appreciated!

Thank you!

Hello Soc... I know that this is an unusual question, so PLEASE be gentle on me!

During an unrelated domestic case with the same defendant, incriminating statements were made in the judge's chambers that are material to this new case. No court reporter was present... just my attorney, the pro se defendant, and the judge.

1 - Can a judge serve as a WITNESS in another court in a different county and on a different case (civil damages)?

2 - Are statements made in chambers by either an attorney, a pro se litigant, or a judge "priviledged" in any way?

3 - IF a judge can serve as a witness, naturally one would want them to do so voluntarily. If they didn't wish to, do they enjoy any particular "immunities" from subpoena (as they enjoy immunity from prosecution).

Again, I understand this question may seem a bit naive. They are extremely unusual circumstances, however, and it's probably not an issue that gets raised every day! I can honestly say, though, that the statements made in chambers are VITAL to the case at hand.

Thanks!
 

Hello and thank you in advance. I am a father in GA struggling with an NPD mother. As you are well aware, narcisstic personalities often do not reveal themselves until after the relationship develops problems. In this case, the mother was very happy to have me as a father, and it was very convenient to her for me to be so eager to care for our child after we split up. However, mother wants to be rid of me now, so she's refusing to allow me to see our child.

Although not married, we cohabited for years together, and, at the time of our child's birth, fully established our parental rights (legalizing me as the father) through our child's birthstate's administrative program. The acknowledge signed by both of us, according to state law, has "the effect of a judgment".

We now live in GA. Mother claims that withholding our child is solely at her discretion according to GA law, and that according to GA law our child is no longer legitimate and that I am not a legal father whatsoever. She claims the out-of-state documents (administrative judgment) are now worthless.

The basis for all of this is a GA law that states: "A child born out of wedlock is defined as the child of parents who are not married when the child is born." This definition determines not only the legal relationship between unwed fathers and their children in GA, but there's numerous laws thereafter saying the child can't inherit, mother's have sole custody, etc. So really, it's the basis for everything.

1 - Is an administrative judgment establishing the legal status of a father (yes, I understand that this is NOT the same thing as "custodial" status) really rendered worthless just by crossing state lines? What about full faith and credit?

2 - The signed papers consistent of written and witnessed acknowledgments of paternity, administrated by the Dept of Social Services, and, through statute, given the effect of a judgment.Would it be possible to domesticate a foreign administrative judgment?

3 - Regardless of the validity of the out-of-state papers, the GA law seems only to apply to births occuring in the state of GA, subsequently affecting only parental relationships between parents and their children who are born in the state of GA. The present-tense "ARE not married WHEN the child is born" suggests that the law is only meant to be applied in the present-tense at a very specifc time (when the child is born). Since no state, obviously, can pass a law which affects citizens OUTSIDE ITS JURIDICTION, then this law would not have been applicable at the time of our child's birth. And, due to the present-tense restraint, it does not appear to operate retroactively. (That is, it does not say "parents WERE not married".) In other words, this law seems 1) to be applicable to parents-children born in the state of GA only, 2) does not provide, correctly, for any jurisdictional crossing, either at the time of a child's birth OR after the fact.  

Does this seem like a proper legal interpretation?

4 - There has never been a court order affecting legal rights or custody issues here in GA. If my legal rights as a father are indeed intact, and I have consistently demanded for my child to be returned to me, then would not the absence of a court order or statute to protect the mother's withholding of our child open the possibility of civil liability (on her part) for parental interference?

Thank you for your assistance. I know that some sort of litigation is necessary, as I have taken the situation with this NCP as far as it can go otherwise for the sake of amicability. Those who also must co-parent with a narcisstic parent understand that court doesn't always provide relief from them, either

My child was born out of wedlock in Virginia. Her mother and I resided together and filed papers at birth establishing me as her fully legal father. Virginia law says that, under such circumstances, we, as parents, would each enjoy "equal legal powers and equal legal rights in regards to guardianship of the child", and that our sworn acknowledgment of paternity, filed with the Va Dept of Human Resources - Vital Records, enjoys the "effect of a judgment".

We now live in Ga, where I need to be able to ask the state to enforce my parental rights. Ga domestic law varies GREATLY from Va law; had my child been born here, the sworn acknowledgment would not be filed with the vital records dept. and I would enjoy no rights to my child until I petition the state for a CHANGE of custody (which would, of course, require I prove a substantial change in circumstances). Thankfully, federal law (1993 Federal Omnibus Budget Reconcilation Act) is very specific in requiring all states to "recognize with full faith and credit judgments of paternity from all other states, whether administrative or judicial, with the full legal weight and effect as given in their original state, as if it were entered in that state". (Obviously, the intent and spirit of the law is to be consistent with the full faith and credit afforded to custody judgments via the Uniforum Child Custody Jurisidiction Act.)

1 - How can I have GA recognize and enforce my parental rights as established through administrative judgment in the state of VA?

2 - It would seem that even an administrative judgment could be registered, but GA has no administrative procedure for this. If the matter goes before a judge, what type of judge? Magistrate? Superior Court? Superior Courts handle domestic disputes, but this is not a dispute over the custody, but rather simply a matter of registration.

3 - If the matter must go before a judge, what can I do to help insure that the judge provides my administrative judgment with the full faith and credit it is due?

4 - If a judge fails to recognize the full legal weight and effect of my adminstrative judgment, would he not be acting OUTSIDE of his jurisdiction? In a domestic dispute, he might choose to change custody, for example. But in the matter of simply registering the document, would not any change in the original legal weight and effect of the document constitute acting outside his juridiction, as the legal weight and effect was determined by another jurisdiction altogether?

5 - Provided the above questions represent a valid course of thought in this matter, which county would have jurisdiction over the registration of this administrative judgment, and how would such a request be worded? Again, since it the specific issue is NOT a domestic dispute, it makes no sense to petition the court and list any other private party (such as the mother) as a "defendant". In fact, it seems that NOTHING is being argued. Again, it is simply a matter of requesting that the state recognize the status already previously given to me. If a dispute DOES arise, then the appropriate parties can certainly request a CHANGE.

6 - Finally, I know that this MIGHT be solved by obtaining a DECLARATORY JUDGMENT from the original state, VA. Frankly, I have consulted a couple of attorneys in VA about this possibility, but they seem a bit clueless (and demeaning) about this since it is difficult to determine WHO exactly the defendant might be... the state (what are they defending and where is the conflict?) or the mother (she does NOT dispute the document). Any thoughts here?

Much thanks on this unusual set of circumstances!!

This is an odd question...

Legal relationship (vs. mere bio relationship) is established between unmarried father and child through administrative judgment. (That is to say, the state does not require a court hearing, but rather an administrative process in conjunction with BM in which the document is given "the effect of a judgment".)

Family (still unmarried) moves to second state, where "legitimation" requires a court order.

1 - Does the father need to do anything in order to have his parental rights recognized?

2 - If so, and father goes through "legitimation" process, can documents from original state be used as evidence to make the legitimation process "retroactive" from the time they first moved to forum state?

OR

2b - Can father file for a domestication of foreign administrative judgment? (Yep, that's a mouthful.)

3 - With either a petition to legitimate or a petition to domesticate, would the mother be named as a defendent?

Seems like the connundrum is how an acknowledgment of paternity from the original state, which has "the effect of a judgment" should be given full faith and credit in the second state, in which the same document only serves as evidence for biological paternity. Certainly a child who is legitimate in one state wouldn't become "illegitimate" in another state just for crossing over a border, especially when both states recognize legalized unwed father-child relationships, but simply in through different means.

Thanks!

First, thank you, Soc, on behalf of everyone else and myself for your continued aid.

State of GA
I'm the father, NCP, and pay $350/mo for one child since May 03

During the summer, Mom asked for a support modification. Georgia law says that each parent can seek a mod once each two years. Mom THOUGHT that I had a great deal of "hidden" money. (It ended up being a banking mistake.) In private chambers, judge tended to believe my evidence. Opposing attorney was told to write the final order, and I requested a copy to be sent to me before going to the judge.

Opposing attorney did NOT send a copy. Signed order dated 20 November 04 stated that while no modification would be made, the issue would remain open "pending further investigation".

1 - Sounds to me like her attorney didn't like losing on the issue. Isn't this just a way to keep a modfication request open-ended indefinately, rather than simply losing and having to wait another two years?

2 - I have recently learned of a significant change in the financial status of mom. Since this is HER request for mod, can I still request basic financial discovery, like tax, banking, credit card, and real estate information?

Thank you

State of Georgia. No court order of custody yet (not even temporary), but I am under a court order to pay child support.

In December of last year, the BM filed a for contempt just one day following the due date of child support. Prior to court, I paid the full amount. (I've never been more than 30 days behind.) However, she still let the issue go before court, asking for attorney fees for the cost of contempt charge.

At the hearing, the judge found that I had been in contempt, but acknowledged that the amount had indeed since been paid. However, he ordered me incarcerated until attorney fees of $1000 "for the current litigation" be paid in full.  I was indeed arrested on the spot and was not released until the full amount was paid. (Thank god for good friends,) All of this is, by the way, articulated very clearly in the judge's printed and signed order.

1 - While I am aware of the imfamous California court case in which it was determined that child support does not qualify as a "debt", aren't attorney fees civil debts?

2 - If attorney fees are civil debts, is it unConstitutional to imprison someone for non-payment of that debt?

3 - Because I was incarcerated, and because the amount had to be paid in full in order to be freed, this isn't exactly a "decision" which can be appealed. And judges are immune from lawsuit when acting in a judicial capacity, even if doing so maliciously. If I was incarcerated un-Constitutionally, what is my remedy for the injustice?

Many of us complain about the family courts. Whle it's true that they leave MUCH to be desired, the people who put our families in the courts in the first place are our legislatures.... well-intentioned but uncreative laws dealing with complex issues. The way to make change is NOT in the courts, but with our laws. Sounds impossible? Absolutely not! That is what our legislatures are for!

I am in a position of being able to influence potential legislation aimed at preventing/punishing acts of parental alienation. PLEASE share your story with me via email. The more true life examples I have, the more influential I can be.

I no longer have the email account used to get set up in this forum. So, Please send a BRIEF outline of your situation as an alienated parent to:

[email protected]

Again, keep it brief (three short paragraphs) for now. I will respond if more information is needed. Please include what STATE you live in.

This is a chance for EVERYONE who is a victim of parental alienation to truly help out and do something. Please do not let this opportunity pass you by. You never know when YOUR story is the one which will push this effort over the edge.

On September 22, 2006, after eighteen months of legal research (and personal hell), a lawsuit was finally filed against the mother of my child. However, it was not your typical custody lawsuit. The whole thing may end up failing miserably, but something had to be done.

My daughter was born in Virginia in 1997. Although her mother and I were not married, we legitimated our child at the time of her birth using that state's administrative processes. And because we also cohabitated, we were both recognized by state law as "equal legal parents with equal legal powers in regards to [our child]".

When our daughter was one year old, we moved to Georgia, which has no administrative processes for legitimation; a court order is mandatory. Thus, when the mother of my child decided to leave the family (taking my child with her), it was difficult, if not impossible, getting my rights enforced in the state of Georgia. For at least two years, however, she was more or less tolerant of my relationship with my child, and our daughter actually spent MORE THAN HALF of that in my own direct care.

Finally, however, as the mother became increasingly controlling (and the child became increasing verbal about wanting to live with me all of the time) I went to court to get my rights recognized. Even found a federal law (OBRA 1993) that required all states to recognize actions establishing legal paternity from all other states, whether by administrative or judicial processes. The judge, a "good 'ol boy", defiantly said "I don't follow Virginia law. And I don't follow federal law."  He ordered child support but dismissed my case.

After that, the mother refused to let me see my daughter AT ALL. Letter after letter was sent to her attorney requesting that I be allowed to at least see my child, all the time maintaining that I had rights (the judge didn't take them away, he simply didn't recognize them in the dismissal). NEVER a response.

After two years of this, I had enough. The mother had moved to a different county (different judge, no pending case), so I filed a lawsuit for PARENTAL INTERFERENCE AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. In it, I allege that the mother intentional interfereed in my parental rights, that she did so without the protection of a court order (she has NOTHING saying that she has sole custody, and I have nothing restricting or terminating my rights), and that she did so with malice and intent to cause me emotional  distress (extensive facts and evidence support this claim). All of the elements of a legitimate tort are here. There is also included a motion for DECLARATORY JUDGMENT for an enforcable recognition of my parental rights as established in Virginia and, as yet, legally unmodified.

It is uncommon for situations like this to exist because courts commonly intervene and issue custody orders or other others affecting parental rights. Not so here. The mother didn't bother obtaining the "protection" of a court order, and my own attempts to obtain an order protecting my rights was malicously thwarted through the only legal remedy I had available.

A response is due soon, but I have already been, for the past six months, preparing evidence and witnesses. I'm not certain what chances a case like this has, but again, something has to be done; I receive email and phone messages from my daughter crying that she wants me in her life. A tort lawsuit, even if successful, certainly won't solve all of the issues involved, but it may just put this case back on track towards real negotiation or settlement as opposed to simply a unilateral decision by one parent to totally alienate their child from the other.

Please wish me luck!

I was orde red to pay attorney fees to my ex. When I did not, I was found in contempt of court and ordered to be incarcerated until they were paid in full.

I thought that it was un Constitutional to be imprisoned for a debt. Was something wrong done here? And, if so, having been imprisoned until the debt was paid, is there any recourse?

Thanks!

The technical details are a little unusual:

We were not married, but we each established through admistrative procedures (with the effect of a judgment) as, according to law, "equal legal parents with equal legal rights and responsibilities" in regards to our child. The mother and I do not have a formal legal custody agreement between us of our 9 year old daughter. She was three when we separated (mom left), and for three years, we amicably shared parenting time and duties. In fact, our child was in MY care quite a bit more than the mother's (well-documented), and I cared for her DIRECTLY, taking a job working out of my home, whereas the mother had her cared for by others. The mother, with ever more apparent narcissistic tendencies, grew increasingly jealous of her daughter's relationship with me, and angry over the idea of having to share "her" daughter. Despite my encouragement of her mother, our child had virtually no bond with her and was very verbal about wanting to live with me full time.

Three years ago, when mother's boyfriend broke up with her and refused to marry her, I was forced to take the fall. She took our child and moved away, refusing to tell me where she was or letting me see or talk to my girl. The entire time, though heartbroken, I never did anything foolish or threatening. It didn't stop her from getting a temporary restraining order when I found out where she was (about a hundred miles away). She filed two charges against me over a two month period, both of which were promptly dismissed. (One judge scolded her over making such a charge.) While they were pending, however, she was, on the basis of her accusations only, able to have the temp order made permanent.

I have written her attorney diligently every other week, requesting parenting time with my child. She has allowed maybe, on average, on day's visit every four or five months. Maybe a phone call every other month. After the first year, my daughter would call me in secret, sometimes crying for me to come and get her. These days, her spirits are good, but it she seems to blocked out all her emotions in regards to relationships.

The mother actually allowed us two weeks last summer (I think she needed the babysitter), and on that basis I thought things might get better. They have not.It's not been 8 months since I have seen my daughter. This woman is VERY unstable, and I have feared retaliations. My MANY pleas for an amicable resolution have gone unanswered.

Physically, my child is great. She had a VERY STRONG foundation, and it is that foundation which is serving her well now. Does great in school. But her mother is TRULY unbalanced, and has completely alienated our child from not only me but also from anyone with whom she has a conflict, both physically, emotionally, and pyschologically. I just fear that a court is going to look at her school record, she that her grades are good, and make me pay a ton of attorney fees to the mother and dismiss the case. Truly, however, it is the clear intent of this woman to, in every way, render this child COMPLETELY FATHERLESS.

Asking for joint custody will be a waste of time, as the mother's objection will be so strong the court will know it will not work (despite having been the norm for more than three years). Anyway, we live too far apart. "Minimal visitation" will only drive this woman to overtly, instead of merely passively, take steps to drive a wedge between my daughter and I. Thus far, the alienation has been slow and steady, facilitated by physical separation. If our daughter were to begin seeing me every other weekend, the mother's tactics would change and our daughter would be caught in the crossfire.

The only thing I know to do is to ask for sole custody and for the mother (and me, of course) to undergo psychiatric evaluation. Am I wasting my time with the courts, though, only to end up putting both my daughter and I in different dangers. Trust me... this woman is unpredictable and DANGEROUS in more ways than one!

Many of us complain about the family courts. Whle it's true that they leave MUCH to be desired, the people who put our families in the courts in the first place are our legislatures.... well-intentioned but uncreative laws dealing with complex issues. The way to make change is NOT in the courts, but with our laws. Sounds impossible? Absolutely not! That is what our legislatures are for!

I am in a position of being able to influence potential legislation aimed at preventing/punishing acts of parental alienation. PLEASE share your story with me via email. The more true life examples I have, the more influential I can be.

I no longer have the email account used to get set up in this forum. So, Please send a BRIEF outline of your situation as an alienated parent to:

[email protected]

Again, keep it brief (three short paragraphs) for now. I will respond if more information is needed. Please include what STATE you live in.

This is a chance for EVERYONE who is a victim of parental alienation to truly help out and do something. Please do not let this opportunity pass you by. You never know when YOUR story is the one which will push this effort over the edge.

I heard about this on National Public Radio this morning. Essentially, it is a state constitutuional amendment proposal which would remove judges' soveriegn immunity and allow them to be sued for unlawful decisions. I'm still undecided about it, but I believe the idea has its merits. I, for one, have had to endure incredible legal harships when a judge once told defiantly (quotes taken literally here) "I don't follow federal law!"  His statement, with the issue at hand, represented a civil rights violation, yet I was not only powerless to have my rights protected, but he enjoyed full freedom of immunity from prosecution. Clearly, a remedy was required which was not available.

http://www.jail4judges.org/

I am frequently amazed to hear how some parents (frequently mothers)  simply take children away from another parent without the "protection" of any court order whatsoever. After a year or so hiding out in another state, a "new status quo" is created and, even though the other parent acted very wrongly, they are "awarded" full custody when court finally doe insue, and the non-custodial victimized parent ends up paying child support and hardly gets to see his children. It is as if there exists actual INCENTIVE to do things the wrong way!

Naturally, I understand that the family court is bound to determine "the best interests of the child" rather than the damage done to the relationship between a parent and his children. However, I am curious why, in situations where children are indeed taken WITHOUT a cout order, we never hear of civil lawsuits for damages against that parent.

There are four elements to proving an intentional tort:
1 - An act was committed (the interference or alientation)
2 - The parent intended or was aware of doing it
3 - Causation: the act caused an effect (lost time, loss of parental control, emotional damage)
4 - Damage resulted

A defending parent would, under a tort case, have three basic possible defenses:
1 - The other parent consented
2 - Self-defense (the alienated parent was a potential threat to the other parent)
3 - Defense of the children (the alienated parent was a potential threat to the children)

These three defenses would be extremely difficult to prove if that parent made no effort to avail themselves of legal remedies, such as a custody proceding.

In addition to parental interference, a case might also be for intentional infliction of emotional distress. In short, this is when the alienating parent takes the children with the intent to cause the other parent emotional harm. While intent might seem difficult to prove at first, any animosity which the alienating parent expressed openly with others against the victim parent can be used to show intent. ("We'll see how he likes it when he wakes up and his children are gone!"

It might be argued that a tort for parental alienation is simply a tort for alienation of affections by a different name. Not so. The tort of alienation of affections (outlawed in some states) implies that the victim was deprived of the affections given to them (usually a spouse). For example, if a man's wife was murdered, he might also sue the murderer for committing an act which resulted in the loss of the affections which he might have otherwised enjoyed from his wife. In contrast, parental control isn't something which a child gives to a parent. Likewise, where "affections" are given voluntarily (symbolized and institutionalized through marriage), the relationship between a parent and a child is more fundamental; a parent is that child's protector, life-giver, and teacher. While both may certainly give and receive affections from one another, the affections are incidental to the nature of the relationship itself.

Also, it might be argued that recognzing a tort for parental interference might simply create more litigation and more animosity between warring parents. Perhaps, and perhaps not. There's no denying that some parents routinely and malicously interfere in the legitimate relationships between their children and other parents. Too often, however, we just say "Oh well, the courts aren't fair". In reality, the courts are bound to solve a different problem: the welfare of CHILDREN. It is civil (tort) litigation in this country provides both a REMEDY for the PARENTS as victims, and a DETERENCE against future transgressions.

Would not at least some alienating parents think twice before running away with their children if they knew they might be sued later? And wouldn't some third parties who might be encouraging this sort of conduct think twice about being a part of such interference if they knew that, unlike family courts, they might end up being a co-defendant? It might just encourage those parents who would otherwise simply take off to through the available legal channels to stay behind and use the proper channels available to them (not to mention marital counseling!). After all, if what they wish to do is found by the family court to be consistent with the best interest of the children, they'll be allowed to go anyway, right?

Finally, it might be argued that a tort would take resources away from the controlling parent which might otherwise be used for the children's welfare, making the children unwilling victims. This argument doesn't hold up, either. First, being a parent doesn't bring about any immunity from any OTHER sort of a tort. ("Yes, I know that I got drunk and ran over the farmer's cow, your honor. But you see, I'm a primary custodial parent....")  That sort of argument implies that one parent has a soverign immunity which the other does not enjoy, certainly an EXTREMELY broad application of the "best interests of the child" standard. Second, because the suing party is also a parent to the same children, any awards could still directly benefit the children. This is quite different than if, for example, that parent was sued by a farmer for killing his cow. In that case, the money would go to a completely unrelated third party with no interest in the children.

Would an award constitute a HARDSHIP on the alienating parent? Perhaps. But again, that's actually at least a PART of the intent of tort justice in the first place!

In reality, very few cases would be subject to a tort for parental alienation or intentional infliction of emotional distress because most parents do go through the court system. This tort would only affect the real "monsters", acting outside the legal system in a completely selfish way solely for their own benefit.

I think it's time we seriously considered these options as a remedy and deterrent.

Comments?

For the first several years of our separation, our daughter did very well. Her mother and I co-parented roughly 50-50, and my daughter was able to enjoy a healthy relationship with both her mother and her father.

Eventually, however, her mother began experiencing tremendous anxieties and frustrations over not be re-married; this, had been adamant to do. One day, she announced that she would not be returning our child to me for regular parenting time... no reason given, but I understood... she was blaming ME for being unmarried.

Because we had co-parented voluntarily, we had no court order. (Whenever I recommended we have one drawn up, I would see her getting nervous. My silence on the issue helped keep the peace, at least for three years.)

I won't get into any more legal particulars right now, and such particulars are not the point of this thread. I just wanted to share with you real evidence as the how the alienation of one a child's parents can profoundly affect them. These three messages were left on my answering machine by my daughter, six years old, about four months after being TOTALLY deprived of her father by her mother. When I heard these messages, I totally collapsed on the floor in anguish over my child.

http://michaelphoto.net/phone/phone01.mp3

http://michaelphoto.net/phone/phone02.mp3

http://michaelphoto.net/phone/phone03.mp3