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Author Topic: Non-Custodial Parent means?  (Read 19517 times)

mistoffolees

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RE: Non-Custodial Parent means?
« Reply #10 on: Feb 28, 2007, 12:29:47 PM »
That's nice. As soon as you prove your case, then ask someone to disprove it.

Meanwhile, how long have you been fighting for your 'rights' and how much money have you invested? And what do you have to show for it?

Working within the system is almost always going to be more successful than insulting the court system that you want to get something from.


mistoffolees

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RE: Non-Custodial Parent means?
« Reply #11 on: Feb 28, 2007, 12:32:50 PM »
It seems that the problem is that you don't understand the difference between legal and physical custody.

Typically, 'joint' is used in conjunction with legal custody and 'shared' is used in conjunction with physical custody. When people refer to 'noncustodial parent', they're almost always referring to physical custody.

And you're barking up the wrong tree as long as you insist that the courts do not have any authority in the matter. It is quite clear that they do - both by legislation and legal precedent. The 14th amendment has nothing to do with it.

leon

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RE: Non-Custodial Parent means?
« Reply #12 on: Feb 28, 2007, 12:48:38 PM »
based on what?

U.S Suprem Court has constantly held that parents CP's/ and NCP's have 14th amendment rights, for which the states cannot abrogate upon.
Joint Custody and Shared custody in most states have to different meanings, there alleged to be dependant upon time.

And I understand the difference between legal and Physical obviously very well.
for which you opted as usual to not debunk, except with youre personal non founded opinion.

The alleged Authoprity you speak of comes from Written Publicly Known Law, so if it isn't written, or pubblicly known Law, then it dont exist
Adjucation, determination, an order is base upon Written law, or its void.

I find it enteresting you 2, spend more time trying to debunk fact, Written Law, upheld laws and cases, when all you speak of is youre personal exsperience.
so is it personal, or is it based on a monetary plane, for which you exspect or do receive.

I dont need to bark"as you put it" I back everything with Absolute facts and case law,
Wheres youres? youre states- the ones that are bound by contract to perform in a nature that is repugnant to the constitution and there Oaths of Professional Code of conduct.


leon

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RE: Non-Custodial Parent means?
« Reply #13 on: Feb 28, 2007, 12:51:33 PM »
I am working within the Alleged system,
I am following the WRITTEN PULICLY KNOWN LAW.
Useing there Written Laws
There Deffinitions
There Codes
There Statutes
There Rules of Court
There Administrative Regulations
Ever read them?

notnew

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I didn't realize this was an active case
« Reply #14 on: Feb 28, 2007, 01:00:09 PM »
I thought your question was more of a "rhetorical" type.  That is why my response was truthful about how I feel, but also tongue in cheek.

When you have kids, you know you are going to have a responsibility to provide monetary support for them for a portion of their lives. No way around it.

Lots of people have kids for the wrong reasons. Money being one of them.

You knew you were having a kid, so you did enter into an understanding of financial obligation. That justifies the obligor part.

I do believe there needs to be safeguards in place along with a regulatory body to monitor child support payments and how they are spent. When couples with children are together (married or not) usually one is responsible for managing the money. If that person managed it poorly, the other person would have the right to question them about it and determine how to best resolve any issues arising from that mismanagement. SO, a person receiving child support payment on behalf of a child they are residential or custodial parent of, SHOULD have to keep a log of how the money is spent and submit it for records. But, this is a pipe dream, so I just pay and hope that my child is getting what she needs as oppossed to what she wants and that BM is not buying too much beer and cigs on my dime (don't even want to think about what else she may be buying!).

I have to agree with mist, working with these systems always is better then against. I hold that position even though I am not even seeing my kid right now and the courts have been no help at all.

There comes a time when  you have battled enough and you have to make a choice to either let it go or become a raging maniac in your pursuit of justice. I have to believe that there is a higher form of judgement out there, be it God or kharma. What you put out will come back to haunt you eventually.

Also, I can look myself in the mirror each day and know that I have done what is right without cheating, lying, using my child as a pawn or otherwise. Doing the right thing did not guarantee me or my child justice, but it has given me peace of mind.

I am not sure what you are trying to acclomplish in this battle of yours. If you have a relationship with your child, then believe me, you have won the battle and no amount of money paid out is worth giving that up.



leon

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RE: I didn't realize this was an active case
« Reply #15 on: Feb 28, 2007, 01:10:54 PM »
I dont disagree with that at all, and yes i am working within the sytem, did you not read post #13, everything I am doing is by there Writeen laws, regs, statutes and rules of court.
Everyone takes on the legal financial repsonsibility of there children or should, everyone, not just ONE person, in this case a man, or in other situated cases a woman, good freind of mine has her children 90 percent of the time and yet pays support to a man who chooses not to work, same in my case.
so either its equal, and we all stand equal or we dont,
Which one is it?
Wheres the equal protection of the laws
State and judge Admitted there is now law, or precedence for what they did to me, so please explain how am I operating outside the system.

notnew

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RE: I didn't realize this was an active case
« Reply #16 on: Feb 28, 2007, 01:24:02 PM »
I cannot answer this for you. I know I got screwed and I see no way to get the matter corrected.

There is no equality. The family courts are making decisions based on their PERSONAL feelings in these matters, not based on law, facts, or evidence. So, this is why you have the system as messed up as it is. This also supports the GAL, custody evaluators, therapist, industries that are all tied to this system and benefit greatly off of our ongoing cases. I've done all I can to end my involvement in the fiasco. It is a no-win situation for me.

I don't know what you are trying to accomplish with your filings. What are you asking for? Getting them to admit they were wrong an apologize? Fat chance. Getting unjust rulings reversed? Fat Chance. Even when they admit they are wrong, most times they aren't willing to do anything to right it.

I just don't see what battle you are waging here. Letting the anger consume you can push some people to extreme measures. I for one, chose to step out of that mind set for my own sanity.

It is a screwed up world we live in. We are years away from the revolution that will be required to bring any type of tangible change. Will I live that long? Who knows, but I'd love to see it happen!

leon

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RE: I didn't realize this was an active case
« Reply #17 on: Feb 28, 2007, 01:41:34 PM »
naw no anger, got arid of that a long time ago, learned to be passive, and just use facts not emotions.
trying to prove, hmmm.
Well there is to many issues to list here
Will I win, Yeah ill'e win, its all a matter of time, only one court left to go
Every case law, approximately 100 cases I used for various reason, were all U.S Supreme Court Cases, kinda hard not win on that., epsecialy the written law.
Cooperative agreements, a very big issue, and it is my heart to my case, "Cooperative Federalism"
King v. Smith, 392 U.S. 309, 316, 88 S.Ct. 2128, 21 32, 20 L.Ed.2d 1118

King v. Smith, 392 U.S. 309, 316, 88 S.Ct. 2128, 2133, 20 L.Ed.2d 1118 (1968); Jefferson v. Hackney, 406 U.S. 535, 542, 92 S.Ct. 1724, 1729, 32 L.Ed.2d 285 (1972).

The construction of a compact sanctioned by Congress under the compact clause of the Constitution presents a federal question. U.S.C.A.Const. art. 1, § 10, cl. 3.

The Compact Clause of the Constitution provides that “No state shall, without the Consent of Congress[,] ••• enter into any Agreement or Compact with another State••••” U.S. Const., Art. I, § 10, cl. 3. “By vesting in Congress the power to grant or withhold consent, or to condition consent on the States' compliance with specified conditions


notnew

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I'm happy for you Leon
« Reply #18 on: Feb 28, 2007, 01:48:10 PM »
I hope you end up the exception to the rule and that justice is done.

I have accepted that this will never be the case for me. I don't have the financial resources or the mental stamina to go through this anymore. My child is in full blown PAS (end stages), and has taken on the behaviors of the alienating parent. Not only am I not seeing my child, no one in my family is receiving any contact and that has not always been the case.

So, I am not arguing with you. It warms my heart when things are done right or a wrong gets undone.

Good luck in your battle. However, I still am not sure what you are trying to accomplish. I hope you are able to maintain your relationship with your child though.


leon

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RE: I'm happy for you Leon
« Reply #19 on: Feb 28, 2007, 02:19:11 PM »
every other week, and sometimes even more he's here, its good like it 's should and supposed to be.

 

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