Register  |   |   |  Calendar  |  Latest Topics
 
 
 


Reply
  Author   Comment  
FatherofTwoBoys

Senior Member
Registered:
Posts: 125
Reply with quote  #1 
A Supreme Court decision in Nebraska may end up having wide ranging implications on child custody cases in that state.  Something we need to push for in Iowa.  For more details, go to http://www.fathersrightsne.com and click on the Farnsworth link on the homepage.

Basically said, the Nebraska Supreme Court recognizes that a parent has inherent rights to have their child (basically opening the door for shared physical custody) and that unless the evidence is overwhelming that a parent is unfit to be a parent, they shall have the right to their kids.  Interesting reading.
leglegl321

VIP Member
Registered:
Posts: 217
Reply with quote  #2 

Unusual case circumstances, but at least a reasonable opinion.  Portions of this opinion could serve as a road map and justification for equal parenting, absent a judicail ruling that a parent is unfit.

Moderator

Avatar / Picture

Moderator
Registered:
Posts: 3,096
Reply with quote  #3 
I received several phone calls after the releasing of this opinion.  While I agree it is a unique case, the following language can be used towards new legislation in child custody proceedings:

"Under the parental preference principle, a parent’s natural right to the custody of his or her children trumps the interest of strangers to the parent-child relationship and the preferences of the child."

 

"Although the question present in every child custody case is the best interests of the child, a court cannot overlook or disregard that the best interests standard is subject to the overriding recognition that the relationship between parent and child is constitutionally protected."

 

"The U.S. Supreme Court has held that due process of law requires a parent to be granted a hearing on his or her fitness as a parent before being deprived of custody. And the right of a parent to the care, custody, and management of his or her children is considered one of the most basic rights of man."

 

"Absent circumstances which terminate a parent’s constitutionally protected right to care for his or her child, due regard for that right requires that a biological or adoptive parent be presumptively regarded as the proper guardian for his or her child."

 

"Clear and convincing evidence of substantial, continuous, and repeated neglect of a child must be shown in order to overcome the parent’s superior right."

 

"Courts apply the parental preference principle “because the best interests standard, taken to its logical conclusion, would place the minor children of all but the ‘worthiest’ members of society in jeopardy of a custody challenge.”

 


__________________
IowaFathers
P.O. Box 2884
Waterloo, IA 50704-2884
support@IowaFathers.com
Website: http://www.IowaFathers.com
Visit us on facebook under Groups: Iowa Fathers



"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
ironeagle

Avatar / Picture

Coordinator I.C.O.S.
Registered:
Posts: 815
Reply with quote  #4 

Those are some awsome rulings, we should all be using those next time we file any custody modification. I have been thinking about filling one myself to modify custody back to 50/50 this upcoming year. I might use some of these good sentences in my papers.


__________________
"I am one of many and together we will prevail!"
bunches

Senior Member
Registered:
Posts: 261
Reply with quote  #5 

Where in my papers do I word this?  Is there someone who would look at what I have typed up so far to tell me if I am on the right track or not? 

Winston50703

Avatar / Picture

VIP Member
Registered:
Posts: 271
Reply with quote  #6 
Bring your papers to a meeting.

__________________
"There is nothing wrong with America that cannot be cured by what is right with America" – former President William Jefferson Clinton
bunches

Senior Member
Registered:
Posts: 261
Reply with quote  #7 

Are there any meetings between now and the 13th in central Iowa?

Moderator

Avatar / Picture

Moderator
Registered:
Posts: 3,096
Reply with quote  #8 

Tuesday, Nov 11th in Cedar Falls.


__________________
IowaFathers
P.O. Box 2884
Waterloo, IA 50704-2884
support@IowaFathers.com
Website: http://www.IowaFathers.com
Visit us on facebook under Groups: Iowa Fathers



"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
Previous Topic | Next Topic
Print
Reply

Quick Navigation:


Create your own forum with Website Toolbox!