Father's rights in the state of OHIO - Please help?!!

This is a discussion on Father's rights in the state of OHIO - Please help?!! within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; BRAZIL OUTLAWS PARENTAL ALIENATION (September 13, 2010) The case for recognizing parental alienation becomes stronger by the day. When I ...

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Old Sep 15th, 2010, 08:33 AM   #31
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BRAZIL OUTLAWS PARENTAL ALIENATION (September 13, 2010)

The case for recognizing parental alienation becomes stronger by the day. When I say "recognizing" it, I mean both legally and for its psychological effects on children. As to the former, I can say that admitting evidence of parental alienation of children in child custody cases should happen without question. As to whether Parental Alienation Syndrome or Parental Alienation Disorder should be a discrete category of psychological malady recognized by the APA, I'm not qualified to say.

But the issue in family court is whether a parent is attempting to turn a child away from the other parent, i.e. interfering with the child's relationship with that other parent. That's a far cry from whether those attempts are or aren't successful at doing the type of psychological damage to the child that would be
necessary for him/her to manifest the symptoms that constitute a psychological syndrome or disorder.

If one parent is engaged in a campaign of parental alienation, irrespective of its emotional effects on the child, the parent's behavior is clearly relevant to deciding whether that parent is fit to have custody. As a legal matter, that's clear and non-controversial.

That's what opponents of PAS or PAD don't get and don't want others to get. They want all evidence of parental behavior that tends to alienate children from their other parent kept from judges who decide custody issues. It's a patently absurd notion that they pretend has something to do with the fact that, as yet, the American Psychiatric Association hasn't included PAS or PAD in its Diagnostic and Statistical Manual. Because it hasn't yet decided to do that, the anti-PAS folks have taken to calling PAS "discredited." It is in no way "discredited." The accurate statement would be that it has not yet been "accredited," i.e. officially recognized by the APA.

But now they have another problem in their lonely fight to keep important information from judicial decision makers. As this article shows, Brazil has now passed a law defining and punishing parental alienation of children (The Family Law Directory, 9/7/10). The translation from the Portuguese is admittedly a bit hard to follow, but here are the salient features of the new law governing the country's 200 million people:

Section 2 is considered an act of parental alienation interference with psychological training of the child or adolescent promoted or induced by a parent, grandparent or by having the child or adolescent under his authority, custody or supervision so dismissive parent or adversely affecting the establishment or maintenance of ties with it.

Sole Paragraph. Exemplary are forms of parental alienation, and acts as declared by the judge or discovered by expertise, or charged directly with the
aid of third parties:

I - opening campaign of disqualification of the parent's conduct in the exercise of parenthood;

II - hinder the exercise of parental authority;

III - hinder contact with child or teen parent;

IV - to hamper the right of regulated family life;

V - the parent deliberately omit relevant personal information about the child or adolescent, including ducational, medical and changes of address;

VI - to present false complaint against parent, family against this or against grandparents, to obstruct or hinder their coping with the child or adolescent;

VII - change the address to the remote site, without justification, in order to hamper the coexistence of the child or adolescent with the other parent, with this family or grandparents.

Article 3 The performance of an act of parental alienation hurts fundamental right of the child or adolescent family life healthier, prevent the implementation of affection in relationships with parent and the family group, is moral abuse against the child or adolescent and noncompliance with duties attached to parental authority or from guardianship or custody.

The new law goes on to declare that allegations of parental alienation are to be considered priorities by courts and accorded expedited procedures to deal with. The judge will appoint mental health expert(s) to evaluate the allegations, and, if parental alienation is found to exist, may assess either criminal or civil penalties, including changing custody and terminating the parental rights of the alienating parent.

Judges are further instructed that preference in custody is to be given to the parent that facilitates the child's relationship with the other parent.

That last is what so terrifies the anti-PAS crowd. The more courts take cognizance of parental alienation, the more they require not only that parents refrain from alienation, but that they also facilitate the relationship of the child with the other parent. That means, as a practical matter, that custodial parents, 84% of whom are mothers, will be required at a minimum to honor the visitation rights of the non-custodial parent, i.e. fathers. But more than that, recognition of parental alienation by courts will result in the requirement that the custodial parent promote the non-custodial parent's relationship with his/her child.

In short, the anti-PAS crowd sees PAS as a proxy for both enforcement of visitation and greater parental rights for fathers. They're right on both counts and they don't like it a bit.

That Brazil has passed a law making parental alienation both a civil and a criminal offense shows better than anything to date, just how much on the wrong side of history anti-PAS folks are.
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Old Sep 18th, 2010, 02:13 AM   #32
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Default Re: Father's rights in the state of OHIO - Please help?!!

Im not an attorney but i dont know why all these posts about "unmarried" fathers having no rights. i just went thru the same thing...daughter is 11 mos now, result of a one night stand. had to get attorney which has cost me about $750 so far, pretty reasonable...but ive got just as many rights now as if we were married for 20 yrs..and i live 2 1/2 hrs away in indiana..believe me the unmarried thing worried me too months ago..then i learned it doesnt make a difference in terms of visitation. ..neither does child support. ps..this was in kentucky, which supposedly is more "pro mother anti-father" than most states.
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Old Sep 18th, 2010, 10:40 AM   #33
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Default Re: Father's rights in the state of OHIO - Please help?!!

You had to get an attorney, and? Did you go to court over custody/visitation/child support? I'm betting so, as, if you did not, you have no legal right to the child. If the mother wishes to be generous in allowing you to be the child's father, that's her generosity to give. If she is ignorant of the law herself, and was intimidated by your attorney's communications, that's also on her. But the law states that any unwed mother has sole legal custody of any child born to her. That's the law. Unwed fathers do not automatically have rights unless they can prove paternity and establish custody/visitation in family court.

You don't delve into the particulars of your personal situation, but I'm betting it's not as simplistic as you are making it out to be.

Incidentally, the reason there are so many posts about unwed fathers having no rights is because LEGALLY they don't.
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Old Sep 18th, 2010, 06:18 PM   #34
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Default Re: Father's rights in the state of OHIO - Please help?!!

The last poster is bang on!! Women who have a child automatically think they OWN that child, have complete 100% entitlement to that child and as for the father of that child.....who is he in the equation to her?? Just the donor in her world!! No one can tell me where it states that a mother owns, has complete control 100% of the child(ren), full entitlement, is her right to have 100% sole custody and just about everything else under the sun, and as for the father, well who is he??? According to her, does he have any rights to his child(ren)?? Says who?? Its the year 2010 and we still live in this ridiculous archaic antiquated system that women own the child(ren), have all the rights to them and the father can go and pund sand!! What a complete joke!!! Even in this day and age, the system is so stupid!!! Unbelievable!
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Old Sep 19th, 2010, 02:02 AM   #35
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oh ya thats what im saying..got an attorney..after gettng pat test she didnt want..bam..now i have rights..its not that unmarried dads dont have rights..its that they have to be established legally.
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Old Sep 19th, 2010, 08:12 AM   #36
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Default Re: Father's rights in the state of OHIO - Please help?!!

You do realize you are contradicting yourself yes? You just proved the point of the posters you take issue with in saying unwed fathers have no legal rights UNTIL LEGAL PATERNITY IS ESTABLISHED. It's unclear what part of that is do difficult to comprehend.

The poster who thinks women "own" children: Women don't own the child. The law, however, recognizes only the UNWED mother has having sole legal custody of the child. Men aren't notorious for fighting for their rights, and therefore the legal system, which is grossly broken and lopsided, is able to continue getting away with the atrocities it pulls. If you don't like it, stop whining and start doing something to change it.
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Old Oct 26th, 2010, 10:58 PM   #37
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Default Re: Father's rights in the state of OHIO - Please help?!!

Who"s whining?
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Old Oct 27th, 2010, 07:49 PM   #38
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I too am a unmarried father in which I just found out this hear I had a 7 year old little girl in which the BM lied about. And with all the help and info. I received through this site I was able to go pro se and was granted 50/50 joint physical and legal custody of said child. It was a bit hard at first as in Ohio Women are considered king but I feel that I was treated like poop but in the end I did get fair justice. If you need any help and or have any quesions let us know
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Old Oct 28th, 2010, 10:35 AM   #39
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Default Re: Father's rights in the state of OHIO - Please help?!!

I need to read this all, just heading into the battle
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Old Oct 29th, 2010, 02:50 PM   #40
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Default Re: Father's rights in the state of OHIO - Please help?!!

Whatever you do and choose........remember that they are your kids too!! You have just as many rights as their mother does!! You have a voice and don't ever forget that or let the family law court system tell otherwise!

All the best!! Don't give in or give up!!!!! They are your children and you cannot put a price on that!!!!
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