Season 7 Episode 10 -The Battle for Custody: Single Fathers’ Winning Strategies

                  The Battle for Custody: Single Fathers’ Winning Strategies!

    In today’s legal landscape, fathers are increasingly finding that they have a legitimate opportunity to gain custody of their children. Historically, the courts often favored mothers in custody disputes, but this trend has shifted in recent years. 

    Courts now focus more on the best interests of the child, which means both parents are evaluated equally based on their ability to provide a stable, nurturing environment. 

    Fathers who demonstrate their commitment, financial stability, and emotional availability have a real chance of securing either joint or sole custody. This change reflects the growing recognition that a father’s role in a child’s life is just as important as a mother’s, and both parents have the opportunity to be active participants in their child’s upbringing.

Child Support Lawsuit Simplified. We teach you strategies and techniques to free yourself of judicial misconduct from the State and Federal. The guarantee is YOURS.

❤️ Please Donate to Support The Research ----------
💎   https://bit.ly/ChildSupportMadeSimple
        https://CASH.APP/$chrish289

📖 To Schedule Discussion and Connect ----------
👥 Calendar: https://bit.ly/Calendar-ChildSupport
📢      Email: Chrish289@protonmail.com

📝 Let's Connect On Social Media -------------
👍 Facebook: https://bit.ly/FB-ChildSupportMadeSmple
🐦     Twitter: https://twitter.com/chrish289
📸 Instagram: https://www.instagram.com/chrish289/

#childsupport #childsupportmadesimple

Chapters

• 30:00 What Is The Meaning of Fatherhood?
• 2:23:00 Department Of Justic Letter 2023
• 3:00:00 Disclaimer
• 4:50:00 What is the Defense Custody & Child Support
• 6:41:00 The Incentive Pool
• 7:34:00 Blessing vs Freestone
• 15:28:00 Conduct your case personally
• 15:42:00 Right to Access the Court
• 17:46:00 Stanley vs Illinois - Great Case Law
• 20:46:00 -Title 42 US code 1983
• 22:23:00 CALL TO ACTION

Transcript

   Transcript:

            The Battle for Custody: Single Fathers’ Winning Strategies

(c) chrish289@protonmail.com

Welcome. We'll review the strategy for custody from a single father perspective. We will cover the winning strategies as case law and techniques for winning custody and visitation. But first, I am not a lawyer and this is not legal advice. We're going to cover some strategies and techniques for winning your case.

What is the definition of fatherhood for your offspring? Do you know? Well, a father is a natural guardian of his children, entrusted with their custody and nurturing, as entitled to the enjoyment and the benefits of their labor. In other words, it's rooted in the case law called prime vs Foot Battle for custody. Why?

It's your offspring, correct? Well, you want a battle for custody because you want to take part in their education, school activities, sports. You also want to have weekly visits, vacations, holidays, as well as medical emergencies, prescription and serious illness. You want to be involved in your children's life even though you are not married to the mother or you are single. I have another video.

It's called Fathers have a Chance, the Custody Battle. Whether you're single or you're married, please review this video. Review your finances with a certified public accountant because the battle for custody will, you know, involve your finances. Also, you need to interview or you have a friend who is a tax professional. You know, again, battle for custody involve finances, budgets.

Now for a reality check. There is a new Department of Justice letter or called. It's called the D.O.J. letter, and you can file it into your family courts case, and you can get it at childsupport.newZenler.com hello, my name is Chris and, in this session, we will review the Battle for Custody A Single Father's guide to Child support and Visitation. I am not an attorney, and this is not legal advice, but I give you the basic premise or case law about child support. Let's get started.

You can also listen to us on our podcast. We're available on all the major podcasts, Spotify, Apple and Google. Also, we ask for a donation. Yes, we are asking for a donation. All this research that we're providing, it, it takes time and energy and we're just asking for a small compensation just to keep our channel going.

And if you have as small as a $5 cash app, we're welcome. We're asking for a $25 gift donation, but again, any amount will be accept. You can download our app where we have all of our videos and downloads and it's available at childsupport.NewZenler.com the battle for custody and the battle for child support are too distinct process like for instance In Texas, they want you to go to child support because they make money at it. 

But they don't tell you that it's a custody battle. And what they do is they steer you towards child support in many of the states, such as California, Indiana, Wisconsin, because why they make their money.

But child support and battle for custody are separate. We have a video called child support or custody of visitation. Please review that video. We describe what is child support and what is visitation and custody. So in the battle for custody, we are making a distinction.

Child support, child support. The official name is the Office of Child Support Enforcement. And the statute is 45 CFR 303.1, which is called a single and separate unit, and it's in the Department of health. So how does child support gets enforcement? They installed what is called the child support agency, and that statute is 45 CFR 302.34.

What they do is they hire attorneys in which to either charge you or sue you for child support. And this is what they do. They rent spaces in the family court. So you're thinking that, well, I'm in the court building, but the actuality is they're renting space in the court building. This is how they mask or I said they appear that if you are in court but you're in child support agency.

Why are all the states participating in the child support program or Title I, 4D? Because the federal government pays each state what is called the incentive pool, which is 42 USC 658 point A. The incentive pool for fiscal year 2024. The incentive payment pool is established at a total of $713 million. 

This pool represents the funding that will be distributed to states as financial incentives for their performance in child support enforcement programs.

The incentive payment pool is designed to reward states for their effectiveness in managing child support enforcement programs with a focus on performance, accountability and accuracy. We have a video call. Mother did not put you on child support. It's the state put you on child support. And here's why.

There's a case law called Blessing vs. Freestone, which is child support has nothing to do with the mother or the child. It's a yardstick for which the secretary is involved in the program. So the mother did not put you on child support. Watch that video.
In addition to Blessing ver Freestone, please review the five Supreme Court cases that you should already know. The Supreme Court has looked at this, you know, minimum five times, and they agree that the mother has nothing to do with child support. It's a state put you on Child support. So please review the five Supreme Court cases that you should already know. Why are the states participating in the child support program?

Because why they want to what's called. They want the incentive pool which is 650A but the purpose is in order to satisfy this program they want to separate your children from the fathers which is called the Abandonment clause. Again, the reason why the states participate in the child support program because they're going to satisfy the Abandonment clause.

Each state has what is called the Abandonment Clause which is when you come to family court, they're going to steer you towards child support. But they assumed they alleged that you have abandoned your child in order to satisfy the incentive pool which the federal government provides to all 50 states.

So here's the code for, you know, a table of contents. These are Alabama, Alaska, Arizona, to name a few. I give the example of the New York law which the abandonment which is 260.05 non support of a child in the second degree. That's the abandonment laws. You should know Article 1 versus Article 3, which is the judiciary.
In other words, Article I jurisdiction is not the part of the judiciary branch of the government which is. And Chief Justice John Roberts Marshall says that in order to enact a law it must be reviewed from an Article 3 which is the case law is Northern Pipeline Construction versus Marathon Oil.

Why should we care about Article I versus Article 3? The reason is it's as a result of jurisdiction. Jurisdiction is a cornerstone of our judicial process. Without it, the courts cannot rule. We have a video called 1 and 2 and we discuss jurisdiction.
This is all part of the New Deal from 1935. The program was created under the name Aid to Dependent Children by the Social Security Act of 1935 as part of the New Deal. It was created as a means tested entitlement which subsidized the income of families where fathers were deceased, absent or unable to work. 

The federal government required authorized state discretion to determine who received aid and in what amount. In 1961, a change in the law permitted states to extend benefits to families where the father was unemployed.

A measure which 25 states eventually adopted. The words families with were added to the name in 1962. If you are not married to the mother or youe a father, you need to go through what is called acknowledgment of paternity. This is the contract and here is the state statute 45 CFR 264.30 and it states that the state agency must refer the appropriate individual in the family for whom Paternity and child support is being administered. 

This is not legal advice, but my issue is you need to establish paternity outside of the court system, outside the family court system.
And again, this is not legal advice, but my suggestion, you need to do it outside of the court.
The reason why I suggest that you need to take the paternity outside of the court system because here's the case law. The sole purpose of paternity proceedings was to establish the father's obligation to pay support. And the case law is called Public Works versus Kohler. But if you're battling for custody, then you have to do a different route. You're going to file a declarative judgment in the Supreme Court or circuit court.

The case law is Cordell Ver Woods.
If you are not familiar with the history of child support, preview that video.
If the mother is on welfare or any government assistance, they will, they will determine that. And the statute is 45 CFR 303.5. So now that you've established paternity, so the courts sees you as a different category of fathers. Presumed father, the alleged father, the biological father, or the legal father. Pay close attention here.

Only the legal father pays child support. The biological, the alleged and the presumed fodder does not pay child support. In the state of Georgia, you go through the process called legitimation. Here's the issue. What is illegitimation?
If you're a single father and you're not married to the mother, then the mother has ultimately control your children or child. You have to go through legitimation, which is the mother has sole control of your offspring, which is no parental rights, no decided on education, no medical and no extra activities.

You conduct all family cases on your own. The statute is 28 U.S. code 1654 and it reads in all courts of the United States, a parties may plead and conduct on their own, whether personally or with counsel. And here's another case law. You have the right of access to the court.

Remember, your First Amendment right is to have access to the court. And if they don't give you access, then your case is over. And the case law is Biffle vs. Morton Rubber or Ryland vs. Shapiro.

So that means you can conduct your cases on your own. The right of access to the courts is basic to our system of government and it is well established today that it is one of the fundamental rights protected by the Constitution. I have the right to access the court at any time. This means that legally a document is considered filed that the moment it is delivered to the clerk even if it hasnt been officially marked as filed yet. This principle ensures that my ability to engage with the judicial system is not hindered by administrative delays or technicalities.

The right to access the courts is a cornerstone of our system of government. It is a fundamental right that is firmly established and protected by the Constitution. This right guarantees that I, along with every citizen, have the ability to seek justice, challenge injustices, and have my voice heard in a court of law. It underscores the importance of an open and accessible judicial system as a key component of a fair and democratic society. The case laws are Biffle vs. Morton Rubber Industry and Ryland vs. Shapiro. 

If you're in front of a judge and the judge says well you need to get counseling, remember the case law says they cannot forced counsel upon you and it reads the law does not say that you can have you have the option of counsel but you can plead your case yourself in which is more Vees State of Michigan the Supreme Court has dealt with custody battles so you can use Stanley v. Illinois In Stanley v. Illinois, the United States Supreme Court considered whether a state law presumption that unmarried fathers weren't fit guardians violated the Constitution.

Peter and Joan Stanley lived together off and on for 18 years and had three children together and couple never married. When Joan passed away, the state of Illinois took custody of the Stanley children based on a state law that presumed unmarried fathers werent fit guardians for their children. Illinois law had processes in place to take children into state custody on the basis of neglect or dependency. 

For neglect, the state could remove a child from the parents following proper notice, a hearing and a finding that the parents were unfit. Dependency removal was permitted if a child had no living parents or guardians.

The dependency statute defined parents in a way that excluded unmarried fathers. Therefore, Peter wasn't considered to be a surviving parent and his children were taken into state custody without any notice or finding that Peter was an unfit parent. Pursuant to a state dependency hearing, Peters children were declared wards of the state and placed with court appointed guardians. Peter appealed arguing that hed been denied his rights to constitutional due process and equal protection. The Illinois Supreme Court affirmed the guardianship proceeding.

The states must obey the decisions of the Supreme Court and they cannot refuse to follow them which is the case law. Is Cooper Veus Aaron likewise when you're in a custody battle always reminder that it's the 14th amendment the guarantee to right to privacy as well as right to rear your children as you see fit. 

The 14th am no state shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States. No State shall deny to any person within its jurisdiction the equal protection of the laws. Here are some other case stepen L. vs. Karoli A. It was decided in Monroe, New York county and it reads that magistrate and Commissioners discuss child support, but you're involved in a custody battle. 

That means an ARTICLEII judge must be decided for custody and visitation. The reason is it's a complete lack of jurisdiction and what I'm saying is don't confuse child support with custody.

Here's another case law called Lillian T. Versus John T. And also you have the right to sue every person who under color of any statute, ordinance, regulation, custom or usage of any State or territory, subjects or causes to be subjected any citizen or other person within the jurisdiction of the United States to the deprivation of any rights, privileges or immunities secured by the Constitution and its laws is liable to the party injured at law, suit in eququity or other proper proceeding for redress. 

In any lawsuit brought, the plaintiff must prove that he or she has been deprived of a right secured by the Constitution and laws and secondly that the defendant was acting under color of any state law. Absolut provides legal protection to judges, prosecutors, legislators and some executive officials for actions committed in their official duties without malice or corrupt motives.

Absolute Immunity protects these individuals from both criminal prosecution and civil lawsuits. Qualified protects a government official from lawsuits alleging that the official violated a plaintiffs rights only allowing suits where officials violated clearly established law. 

The plaintiff must prove one that he or she has been deprived of a right secured by the Constitution and laws and two that the defendant was acting under color of any state law when battling for custody and visitation is very, very complex. But I hope in this video I at least give you the basics so that you can plead your case yourself or with counsel. Now you can schedule a consultation.

If you have any questions or comments, please feel free to email us at chrish289.protonmail.com. please like and subscribe to our YouTube channel and press the notification bell. We conduct research and we provide the appropriate material for this topic. Also, we're asking for a $25 gift.
                       -----------------------------------&&---------------------------------------