NY MAN endorses Larry Sharpe for Governor

The New York Men’s Action Network endorses Larry Sharpe for Governor of New York State. Larry Sharpe, running on the Libertarian Party line has come out strongly for shared parenting as natural and normal and believes parental rights should not be restricted unless a parent is proven bad and an unfit parent (see his campaign meme above). You can see Larry Sharpe speak to these issues on Long Island Back Story.

For the parents, men and women, and families abused by New York States incompetent and corrupt (anti) family courts the choice of Larry Sharpe is a no brainer for he is the FIRST statewide candidate in the last 20 years to come out publicly calling for family court and child custody reform. He has gone so far as to include it on one of his campaign buttons and other campaign materials.

available here

Let’s address the nay sayers who will dismiss this endorsement asking for support for their party. For the last 20 years each party has controlled one house of the legislature and held the Governor’s Office about 1/2 the time, yet neither party has seen fit to pass ANY reform legislation. Additionally, NO candidate for statewide public office of either major party has publicly come out in support for reform of the system in any fashion.

Republican’s will point to the anti family policies of NY Democrat’s, and while it is true Assembly Democrats like disgraced leader Sheldon Silver and (then) Judiciary Committee Chair Helene Weinstein have blocked ALL legislation, especially shared parenting legislation (which enjoys over 80% support from all New Yorkers) Senate Republican’s have also been active in opposing shared parenting, with Senators like Republican Betty Little leading the opposition to reform. It is an unholy alliance of “opposing” parties which blames the other for inaction to reform a system they put into place together.

The “deadbeat dad” legislation introduced by Republican Sen. Kathy Marchionne is a classic example of the unholy alliance of Republican’s and Democrats. Studies have shown that the reason for default on child support is due to high awards and inability to pay. Thus the system impacts poor fathers, disproportionately fathers of color, and yet Democrats readily jump on the “deadbeat” bandwagon, even though these fathers are beat dead and dead broke. Democrats and Republicans alike turn a blind eye to fathers incarcerated for non payment, a debtors prison for poor men, mostly men of color.

Republican support to label disenfranchised dads deadbeats 2013

A constituent letter to Assemblyman Angelo Santabarbara and Senator George Amedore has went unanswered by both deadbeat politicians for over a year now. Now that they are running for reelection they freely contact constituents for support. Deadbeat Santabarbara sent a snail mail notice with contact information on his office stating, “I encourage you to call me, send me an email, or visit my web site… I want to hear from you”. A blatant lie given the non response to parental rights issues before him which went unanswered, without even a form letter of acknowledgement. Deadbeat Amedore announces his “lime disease” Committee work and “FREE document shredding” by snail mail. Taxpayer money spent on reelection while he ignores the plight of children and destroyed families. Deadbeat Santabarbara went so far as to block the constituent on LinkedIn when he posted about the death of Gabby Boyd due to his legislative inaction on reform.

Vote for me because the other guys is worse is NO reason to vote for them. The 2 party status quo (crazy) do the same thing over and over again and expect a different outcome people (Republican Molinaro) will tell you a vote for a “3rd party” candidate (LARRY SHARPE) is a “split vote” working for the Incumbent (Democrat Cuomo). Perhaps if the supporters of either major party wished the support of father, mother, and family advocates they would have done something to reform a system instead of creating this one which is harming children and destroying families.

Can Larry win? What we say is does it matter if another status quo do nothing for reform politician wins (Democrat or Republican)? But if recent elections are any indication, the answer is yes, he can. But even without a win we have established the need for reform and if any future candidates want the support of family advocates they will have to begin to address the issues. A good showing on election day for Larry Sharpe is good for reform advocates, families, children, and parents. See Larry Sharpe on the Rubin Report speaking on this topic. He’s also on Joe Rogan here.

NY MAN is a non partisan political action site dedicated to men, father, and family issues. We believe in the EQUAL rights of BOTH parents, the right of children to BOTH parents, and in PARENTAL RIGHTS as superior to government bureaucrats, lawyers, and politicians who act as as if they know best how to raise your children, treating them, and you, as dependent on and working for the state. Morally superior “professional” busybodies telling you how to live your daily life and raise your children “in your best interest” while they plunder your assets while telling you the tyranny is for your own good need to be voted out of office.

Let your voice be heard. We encourage you to support and VOTE for Larry Sharpe for Governor of New York State.

Bias against fathers is killing children

Due to blatant sexism the police and DA’s office refused to enforce a custody order that the father had and this directly led to the death of Gabriella Boyd. “Child Protection” Services was non existent. The article contains video of the father discussing the incident. We brought the issue before NYS Government Officials in 2001 and ask ALL members of NYS Government how long will you turn a blind eye, fiddling away while families burn and children die. If the system didn’t harbor such anti father bias the mother would most likely be receiving mental health care and Gabrielle would be alive.

https://www.lohud.com/story/news/2018/09/12/mamaroneck-cynthia-arce-charged-murder-daughter-gabriella-boyd/1277593002/

Our original post regarding the incident:

It’s a Child’s Best Interest to be neglected, abused, or killed by sole custody?

It hit the local news and social media here in New York State (Mamaroneck, Westchester County) that a knife wielding mother is shot by police after they find “her toddler” severely injured. The child later died from her injuries. It is then reported (Mamaroneck Daily Voice 4-30-18) that the day before this incident the father, armed with a Custody and Order of Protection from the court, was denied custody by the mother who closed the door in the face of police and the father. The police refused to act as they “didn’t know if they had authority to arrest” the mother. The fathers attorney reports the District Attorneys Office was contacted and Assistant District Attorney Mary Clark refused to act on the valid court order as it “is a civil matter”.

Apparently both the police and the District Attorney’s Office are unfamiliar with Section 215.50 the NYS Penal Law, Criminal Contempt, “Intentional disobedience or resistance to the lawful process or other mandate of a court” a class A Misdemeanor which allows the police to arrest a person for violating it. Based on the inaction of the police at the time, and the inaction of the District Attorney’s Office, it appears the mother abused the child the next day, resulting in her death. In the process of trying to save the child two police officers were attacked and injured, and the mother shot by police. Ignoring the “problem” with an “It’s a civil matter” hasn’t seemed to make the problem go away.

Incompetence, bad training or bias against fathers, or all of them?

It is hard to imagine a scenario where the circumstances are the mother seeking to enforce a court order against a father where the police didn’t, at a minimum, step in and transfer custody of the child to the mother and most likely would arrest the man. This sexist anti-male bias against fathers and their parental rights by police and District Attorney’s is the number one complaint of men attempting to enforce their parenting time. Hundreds, if not thousands, of fathers in NYS each year are met with custodial interference in gross violation and criminal contempt of the custody order of the court and law enforcement advises them it “is a civil matter” that they need to return to family court to correct.

Unfortunately, buried in the denial of access for fathers and the uneven enforcement and bias which doesn’t recognize a fathers parental rights, is the fact that children are being neglected, abused, and murdered by “custodial” mothers while police, DA’s, and social service agencies do nothing to help. And the system is well aware of the problems which have been occurring for over 25 years now. In 2001 the case of Logan Marr was aired by Frontline on PBS. At the same time here in NYS we had the Kali Warrington saga, a child grossly abused and neglected by her mother and the live in boyfriend as the father, Daniel Simms, tried to get police and prosecutors to remove the child from her custody to his under a court order.

The issues of denial of a families access to a child, most often the father, which results in harm to children was brought to the attention of the NYS Legislature, Governors Office, Courts, District Attorneys, and government agencies extensively in media releases and public education campaigns by the Coalition of Fathers and Families NY, Inc. (FaFNY) such as this 05-10-15Warrington-Simms piece. Mr. Randall L. Dickinson, then FaFNY VP spoke to the recognized institutional bias against fathers and warned of future harm to children; If, indeed, Social Services and the Courts were performing their duties and responsibilities in a accordance with conventional orthodoxy and did nothing wrong in their handling of this case, and, if, as Mr. Kisselbrack states, they acted in “the best interests of the child,” what, pray tell, are we to expect when, as may occur from time to time, they inadvertently drop the ball? Seven-year- old Kaili Warrington very nearly died before her father, Mr. Daniel Simms, was provided the necessary assistance and even allowed to rescue his daughter. She was fortunate to have survived. How many others will be as lucky? Will some other innocent child have to actually be sacrificed before Speaker Sheldon Silver and the New York State Assembly finally get the message???

How many child victims from Kali Warrington in 2001 to Gabriella Maria Boyd in 2018?

In January of this year I sent a letter to (my) Senator George Amedore and Assemblyman Angelo Santabarbara (link here 17-09-15 Legislation request my districts) regarding legislative corrections for fathers and families. Clearly requested was “Legislation to provide for access enforcement of parenting time by law enforcement agencies for clear violations of a court order” where I explained, “Access Enforcement. Right now there is NO access enforcement for parents save for a costly return to court which after the fact results in the parent losing time with the child even when it was ordered by the court. It is criminal contempt in the penal law to violate the order of a court yet law enforcement agencies will not enforce custody orders. Just as we have mandatory arrest for violating an Order of Protection we should have equal mandatory arrests for violating custody orders of the court.”

Just like all legislatures before them, my own “representatives” didn’t bother to respond to my correspondence and request to protect children. After the child suffered at the hands of her mother through the neglect of the police and district attorney I posted on social media with these elected representatives, “when?” Senator Amedore’s Office has done nothing. Assemblyman Santabarbara’s office simply blocked me from their social media accounts. How many other innocent child have to be sacrificed before the NYS Legislature, Governors Office, District Attorney’s, Police, and Child Welfare Agencies finally get the message???

In the Executive Summary of the Third National Incidence Study of Child Abuse and Neglect we learn that “Children of single parents have a 77-percent greater risk of being harmed by physical abuse, an 87-percent greater risk of being harmed by physical neglect, and an 80-percent greater risk of suffering serious injury or harm from abuse or neglect than children living with both parents.” The largest class ofabuser is single mother households; the second largest class of perpetrators is “boyfriends”, often referred to as a “father figure” by the popular media.

Denial of access to “non custodial” parents, most often the father, is harming children. District Attorney Anthony Scarpino isn’t commenting, the Mamaroneck PD isn’t returning calls, the NYS Legislature is hiding, social services hasn’t been heard from, the media has moved on. And somewhere a father sit in tears, heart broken, wondering how the current system and denial of his parental rights and bias against fathers has been in the best interest of HIS child?

How many other innocent children have to be sacrificed?

Request to US Senators to Support Parental Rights

August 7, 2018

Senator Charles Grassley, Sponsor PRRA
135 Hart Senate Office Bldg., Washington DC 20510

Senator James Inhofe
205 Russell Senate Office Bldg., Washington DC 20510(OK)

Dear Senators:

I am writing concerning Parental Rights and address this to you as you were a sponsor, co-sponsor, or historically a co-sponsoring state. I have enclosed information on PRRA and Title IVd reform from the https://nymensactionnetwork.org web site which I encourage you to review and to support reform of the system which is destroying families in America to the detriment of children.

Parents, regardless of marital status, have seen their parental rights slowly eroded under the guise of “the best interest of the child”. A couple in Washington State brought before the court by child protective for sending their child to church twice on Sunday, and ordered that once is enough. A couple in Albany, NY brought in by the school district and ordered to place their child on drugs for A.D.D for deciding to try alternatives first. A father, labelled “non custodial” denied access to his daughter by police and prosecutors only to see her killed, https://nymensactionnetwork.org/2018/05/20/its-a-childs-best-interest-to-be-neglected-abused-or-killed-by-sole-custody/. Unfortunately, these are not isolated instances of denial of parental rights.

Daily courts remove children from a parent, resulting in millions of American children removed from parents by states desire to maximize reimbursements under Title IVd, which states readily admit to, most recently in Illinois (video making the rounds on social media). It drives both divorces and out of wedlock births, and even provides incentives for women to have children with multiple fathers. Combined with father bias, this system has resulted in 40% of Americas children living apart from their father.

It is widely recognized that single parent households result in harm to children, abuse, neglect, poverty and strains on the budget to provide programs to assist these broken families. It is an ironic conundrum that the government provides the incentives to create single parent homes fostering bigger government to “solve” the problems they created. One must certainly suspect this a design of an oppressive moral busybody Orwellian government looking to enlarge itself at the expense of individual parents. https://nymensactionnetwork.org/2018/07/02/parents-declare-your-independence-from-a-despotic-government/

It’s time to reform this system of injustice and restore Parental Rights.

Sincerely,

Encls: Parental Rights and Responsibilities Act, Title IVd SSA Reform, Fix Federal Child support Laws to Lower Welfare Costs

CC:
Sen. Roger Wicker, 555 Dirksen Senate Office Bldg
Washington DC 20510
Sen. Cindy Hyde-Smith, G12 Dirksen Senate Office Bldg.
Sen. Richard Burr, 215 Russell Senate Office Bldg.
Sen. Pat Roberts, 109 Hart Senate Office Building
Sen. Mike Enzi, 379 Russell Senate Office Bldg.
Sen. Marco Rubio, 284 Russell Senate Office Bldg.
Sen. Lamar Alexander, 455 Dirksen Senate Office Bldg.
Sen. Steve Daines, 320 Hart Senate Office Bldg.
Sen. Lisa Murkowski, 522 Hart Senate Office Bldg.
Sen. Johnny Isakson, 131 Russell Senate office Bldg.
Sen. Todd Young, 400 Russell Senate Office Bldg.
Sen. Dan Sullivan, 702 Hart Senate Office Bldg.
Sen. Rand Paul, 167 Russell Senate Office Bldg.

Undermine Parental Rights to Undermine all Other Rights

Parental rights, as the US Supreme Court has ruled, are a fundamental right, one which is not supposed to be abridged without cause and the burden of proof is strict scrutiny. Unfortunately, when it comes to parental rights, especially a fathers right, this standard is not applied and fathers are routinely disenfranchised from their children. Today in the U.S. we have 40% of children living apart from their biological father and in the minority community the rate is over 60%.

It is important to understand that the only reason these fathers live separate from their children is a court order restricting their access by a court which removed their parental right without cause. They did not abandon them nor did they not provide for their children financially. There was no abuse, neglect, or abandonment to warrant government interference under the fundamental right and strict scrutiny standard. Courts, using the vague standard of “best interest of the child”, routinely remove one parents rights, most often the father. These parents were removed from the custody and control of their children simply because they had a child with another parent who saw no value in their continuing contact with their children.

Why is this important to constitutional rights advocacy organizations?

If you undermine a parents right to the custody and control of their children you remove that parents right to pass along their heritage and beliefs. And this in turn removes the right to pass along to their children any and all rights guaranteed under the U.S. Constitution. This not only violates the fathers parental right, it violates the right of the child to learn of their fathers and ancestors beliefs and heritage.

Without the father whose religion will be taught to the child if any? Without the father, who will teach them to speak out against injustice? Who will teach them to peaceably assemble and petition government for a redress of grievances?

Without a father, who will teach them about firearms? Their right to bear them? And who will teach them to hunt, trap, or fish? Who will teach them about the outdoor environment, the natural law?

Do we need to list all the bill of rights to understand that without a father the child loses these rights? And once lost to this child, the right is most likely lost to all future generations of children.

Have we forgotten the lessons of history, the Hitler Youth and a system of totalitarian government which curtailed liberty under the guise of working for the benefit of children? Do we need to list the totalitarian governments throughout history that removed children from parents as a means and method to control individuals?

The government oversight of parental actions is not limited to fathers alone as the system now looks at the other parent as also under their oversight, their “right” to rule “in the best interest of the child” thus inserting their beliefs for those of one, or both parents. And the vague standard is now being applied to intact two parent households by these courts. Can we expect a government to respect our individual rights under the Bill of Rights if they do not respect the most sacred right, that of a parent to the custody and control of their children?

If you are truly a rights organization then you MUST join in support of the Parental Rights and Responsibilities Act, https://nymensactionnetwork.org/prra/, for there is no preservation of the right you advocate for if there is no preservation of parental rights.

Parents’ Rights and Responsibilities Act of 20??

_______ CONGRESS _____ Session

To protect the fundamental right of a parent to the care and custody of a child and to direct the upbringing of a child, and for other purposes.

IN THE SENATE OF THE UNITED STATES 20??

A BILL

To protect the fundamental right of a parent to the care and custody of a child and to direct the upbringing of a child, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Parents’ Rights and Responsibilities Act of 20??.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds that–

the Supreme Court has regarded the right of parents to direct the upbringing of their children as a fundamental right implicit in the concept of ordered liberty within the 14th amendment to the Constitution, as specified in Meyer v. Nebraska, 262 U.S. 390 (1923) and Pierce v. Society of Sisters, 268 U.S. 510 (1925);

the right of parents to the care and custody of their children has been recognized as “a fundamental right protected by First, Fifth, Ninth and Fourteenth Amendments” in Doe v. Irwin, 441 F. Supp. 1247 1251 (D. Mich. 1977), as “far more precious than property rights” and by the Supreme Court as an “essential” right that protects a substantial interest that “undeniably warrants deference, and, absent a powerful countervailing interest, protection,” in May v. Anderson, 345 U.S. 528, 533 (1953), Meyer v. Nebraska, 262 U.S. 390, 399 (1923), and Stanley v. Illinois, 405 U.S. 645 (1971), and the Supreme Court has held in Troxel v. Granville, 530 US 2000 (99-138), that “The liberty interest at issue . . . the interest of parents in the care, custody, and control of their children – is perhaps the oldest of the fundamental liberty interests recognized by this Court. . . . [I]t cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children.”

(3) this right has been recognized for centuries by the common law, and by the tradition of western civilization.

(2) the role of parents in the raising and rearing of their children is of inestimable value and deserving of both praise and protection by all levels of government;

(3) the tradition of western civilization recognizes that parents have the responsibility to love, nurture, train, and protect their children;

(4) some decisions of Federal and State courts have treated the right of parents not as a fundamental right but as a non fundamental right, resulting in an improper standard of judicial review being applied to government conduct that adversely affects parental rights and prerogatives;

(5) parents face increasing intrusions into their legitimate decisions and prerogatives by government agencies in situations that do not involve traditional understandings of abuse or neglect but simply are a conflict of parenting philosophies;

(6) governments should not interfere in the decisions and actions of parents without compelling justification; and

(7) the traditional 4-step process used by courts to evaluate cases concerning the right of parents described in paragraph (1) appropriately balances the interests of parents, children, and government.

(b) PURPOSES- The purposes of this Act are–

(1) to protect the right of parents to the care and custody of their children and to direct the upbringing of their children as a fundamental right;

(2) to protect children from abuse and neglect as the terms have been traditionally defined and applied in State law, such protection being a compelling government interest;

(3) while protecting the rights of parents, to acknowledge that the rights involve responsibilities and specifically that parents have the responsibility to see that their children are educated, for the purposes of literacy and self-sufficiency, as specified by the Supreme Court in Wisconsin v. Yoder, 406 U.S. 205 (1972);

(4) to preserve the common law tradition that allows parental choices to prevail in a health care decision for a child unless, by neglect or refusal, the parental decision will result in danger to the life of the child or result in serious physical injury to the child;

(5) to fix a standard of judicial review for parental rights, leaving to the courts the application of the rights in particular cases based on the facts of the cases and law as applied to the facts; and

(6) to reestablish a 4-step process to evaluate cases concerning the right of parents described in paragraph (1) that–

(A) requires a parent to initially demonstrate that–

(i) the action in question arises from the right of the parent to direct the upbringing of a child; and

(ii) a government has interfered with or usurped the right; and

(B) shifts the burdens of production and persuasion to the government to demonstrate that–

(i) the interference or usurpation is essential to accomplish a compelling governmental interest; and

(ii) the method of intervention or usurpation used by the government is the least restrictive means of accomplishing the compelling interest.

SEC. 3. DEFINITIONS.

As used in this Act:

(1) APPROPRIATE EVIDENCE- The term `appropriate evidence’ means–

(A) for a case in which a government seeks a temporary or preliminary action or order, except a case in which the government seeks to terminate parental custody or visitation, evidence that demonstrates probable cause; and

(B) for a case in which a government seeks a final action or order, or in which the government seeks to terminate parental custody or visitation, clear and convincing evidence.

(2) CHILD- The term `child’ has the meaning provided by State law.

(3) PARENT- The term `parent’ has the meaning provided by State law.

(4) RIGHT OF A PARENT TO DIRECT THE UPBRINGING OF A CHILD-

(A) IN GENERAL- The term `right of a parent to direct the upbringing of a child’ includes, but is not limited to a right of a parent regarding–

(i) directing or providing for the education of the child;

(ii) making a health care decision for the child, except as provided in subparagraph (B);

(iii) disciplining the child, including reasonable corporal discipline, except as provided in subparagraph (C); and

(iv) directing or providing for the religious teaching of the child.

(B) NO APPLICATION TO PARENTAL DECISIONS ON HEALTH CARE- The term `right of a parent to direct the upbringing of a child’ shall not include a right of a parent to make a decision on health care for the child that, by neglect or refusal, will result in danger to the life of the child or in serious physical injury to the child.

(C) NO APPLICATION TO ABUSE AND NEGLECT- The term `right of a parent to direct the upbringing of a child’ shall not include a right of a parent to act or refrain from acting in a manner that constitutes abuse or neglect of a child, as the terms have traditionally been defined and applied in State criminal law.

SEC. 4. PROHIBITION ON INTERFERING WITH OR USURPING RIGHTS OF PARENTS.

No Federal, State, or local government, or any official of such a government acting under color of law, or any other party, shall interfere with or usurp the right of a parent to the care and custody of the child of the parent or to direct the upbringing of the child of the parent, unless

that parent has been duly convicted of the abuse or neglect of that child as defined and applied in State criminal law; or

that parent has been duly found to have abrogated or violated the marital contract with the other parent of that child as defined and applied in State law.

SEC. 5. STRICT SCRUTINY.

No exception to section 4 shall be permitted, unless the government or official is able to demonstrate, by appropriate evidence, that the interference or usurpation is essential to accomplish a compelling governmental interest and is narrowly drawn or applied in a manner that is the least restrictive means of accomplishing the compelling interest.

SEC. 6. CLAIM OR DEFENSE.

Any parent may raise a violation of this Act in an action in a Federal or State court, or before an administrative tribunal, of appropriate jurisdiction as a claim or a defense.

SEC. 7. ATTORNEY’S FEES.

Subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988 (b) and (c)) (concerning the award of attorney’s and expert fees) shall apply to cases brought or defended under this Act. A person who uses this Act to defend against a suit by a government described in section 4 shall be construed to be the plaintiff for the purposes of the application of such subsections.