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.

What of men’s EQUAL right to reproductive choice

Published 2-26-17 on the old NY MAN site.

Before we jump into the morality and start to discuss the “right” of a woman to get an abortion let’s accept the fact that it is now the law of the land. Let’s add the other “reproductive rights” of women to the discussion also.  She has the right of abstinence, to use birth control of her choosing prior to sex,  the “morning after” pill the next day, the right to carry a pregnancy to  term, the right to abandon the baby in a “safe” location without question, the right to place it for adoption, and no obligation to inform the father of any of her decisions.

And of men’s reproductive rights?  Abstinence, condoms, and trust in your partner to be telling the truth about her reproductive status.  As the NYS Court of Appeals has ruled, “a man has no right to reproduction post ejaculation”.  This unequal application of rights and responsibilities of many is codified in judicial opinion.   This is evidenced in multiple court decisions which held men FINANCIALLYresponsible for children even where the female sabotaged the condom by putting pin holes in it, “stole” his sperm from a discarded condom or other means, and even when it is taken by means of rape such as a recent case shows us, http://www.usatoday.com/story/news/nation/2014/09/02/statutory-rape-victim-child-support/14953965/.   Men who claim they do not want the child of an unintended pregnancy are held responsible anyway, indeed, are even labelled ‘deadbeats” for not “standing up” and accepting paternity.

Recently a bill in the OK legislature has brought the issue of equal rights in reproductive choices to the forefront as the bill would require the approval of the father before a woman is allowed an abortion.  There was an immediate backlash from the left leaning women’s groups, the shout of “my body, my choice” resonating with posts spread all over social media to awake “women” to fight this “injustice”(http://www.csmonitor.com/USA/2017/0214/Oklahoma-lawmakers-debate-bill-requiring-men-s-permission-for-abortion-video?cmpid=FB.).

I felt compelled to post on the CSM Article an opposing view in the form of a question: Domen have no reproductive rights?  We seem to be able to find a father when she wants child support.  So if a man says he doesn’t want to pay for a child of an unwanted pregnancy he is a “deadbeat” but if a women wants to abort that child she is exercising her rights?  A woman who has a child against a mans wishes is again exercising her rights, but a man who would ask that the pregnancy give him the child he wants he is then “forcing” her?  So we’ll just give all reproductive rights to women and disregard that their choices affect the father, the child, and society at large?  And can we say anything about responsibility for these “unwanted” pregnancies when women have so many means of birth control at their disposal?

In addition to the “my body, my choice” and the “women carry the baby” what also followed was a host of “men be responsible” comments, the “HE got HER pregnant” perspective which, ironically, failed to see the irresponsibility of women who find themselves in need of an abortion.   The argument was framed around “her rights” and “his responsibilities” and when pressed both sides of the argument dismissed a man’s reproductive rights as ending at ejaculation, where his responsibility begins for her choice.

Not a single person seems to want to address the issue of how can we say men and women have equal rights when we deny men rights which woman have.  Lost also in the discussion is RESPONSIBILITYfor the decisions.  For we see a woman can give away her financial responsibility by giving the child up for adoption or even dropping it off anonymously.  A man suffering an unintended pregnancy is forced to pay for her decision.  Her choice is his being forced to 21 years of income execution, the sacrificing of his body at work without compensation.  A poor woman witt a child gets welfare, a poor man with a child gets a garnished.

Perhaps the worst part of the denial of men’s reproductive rights is the fact that most men don’t walk away from the responsibility of her choice.  Most are like Nick Olivas, our rape victim.  At 14 he was statutorily raped by a 20 year old.  Fast forward 6 years and Olivas learns he has a 6 year old child as he is served with child support papers demanding payments from the time of the child’s birth, even though he was not old enough to consent and was never informed of the existence of the child and allowed to decide to be a part of the child’s life.

Now, at 24 Olivas is trying to be a part of his child’s life stating, “I can’t leave her out there.  She deserves a Dad”.  Here he’s finding out that the state isn’t concerned with a fathers emotional support and raising his children for they consider the financial support as separate from access.  And as he is sure to find out, there are a multitude of means to collect, even incarceration into a debtor prison if he can’t pay.  But there are no avenues to help him with, much less guarantee, his time and emotional support for his child.

And what of a child’s rights?  Is there no right to both parents?  In going after Olivas for financial support the state says they are “doing it for the child”.  Really?  So why didn’t the state demand to know the father up front?  Isn’t a child the product of both parents and doesn’t a child have a right to know both sides of their family tree and both heritages?  Can someone from the state explain how it was in the child’s interest to be denied her father, his love and support, for 6 years, and then to collect retro dollars on her behalf?  I’m waiting for that response?  Why is a fathers dollars more important than his love and nurture?

In arguing for his legislation, Rep. Justin Humphrey stated he believes excluding the man out of these decisions is adding to the break down of society.  Once again a man’s rights and a child’s rights are lost in the discussion and the requirement for the mother to notify the doctor of the child’s father was more to make him responsible than to protect his rights.  His bill did do one thing, it exempted rape from the notification requirement, something we do not do for boys who are raped.

The bill was described as being opposed by “reproductive rights advocates” on unconstitutional grounds.  The regional director of planned parenthood stated that “Oklahoma should trust women to make the choices that are best for them”.  I suspect the choices are made easier when others bear the responsibility for your choices but have no choice themselves.   The article should clarify that the advocates are for a woman’s reproductive choices without regard for the father, child, or society.

But as I read the U.S. Constitution I see it guarantees God given rights to every individual equally.  And so I close with the question, What of men’s EQUAL right to reproductive choice?

 

Welcome to adulthood Gen Z: advice for boys aging into men.

Originally posted April 2017

As reported by Reason.com (Welcome to adulthood Gen Z) Pew research has moved up the millennials (19 to 36 years old in 2017) to welcome the next generation into adulthood under the moniker “Gen Z” (born after 1998).  Now that you’re 18 you’ve probably researched the “important” stuff, night time driving privileges and the age you can legally consume alcohol but there is some stuff that impacts men which you are probably not aware of.  So this paternalistic baby boomer card carrying member of Friends of Protection For Men and the National Coalition For Men, and a Men’s Rights Activist will give you a few pointers. At 18 you are an adult and will be treated like an adult.  Mistakes made now can have life changing and long lasting effects on your future.

MEN – Life isn’t fair, be ready for it.  You’ve probably been fed a regular dose of men are privileged and women downtrodden.  Edgar Allen Poe advised that we should believe only half of what we see and nothing that we hear.   This applies to what you have learned about men and society.  When faced with a “truth” which doesn’t apply to our actions we often accept the “truth” but figure it must be the other guy.  As you begin to navigate in the adult world you’re going to find that many of your assumptions about how things work are wrong.  Part of growing up is learning your own truth’s and what works for you in an ever changing society.  Unfortunately, some things you do have serious consequences if you are wrong.  Knowledge is power, so don’t take any one piece of advice as factual (even mine here), question everything, verify everything.

First up is Selective Service.  As a male you need to sign up for the military draft and if you fail to do so there are multiple penalties at both the state and federal level, including being charged with a felony, fined, and jailed.  The government tells us, “If a draft is ever needed, it must be as fair as possible, and that fairness depends on having as many eligible men as possible registered.”  Missing from their information is HOW IS IT FAIR THAT MEN HAVE TO REGISTER AND NOT WOMEN?  Most people will point to combat roles, indeed, it was the exclusion from combat in the volunteer military which was used to exempt women from the draft in the first place.  This is a ludicrous excuse as it takes 2 to 3 people working to keep one man in combat.  So we’ll draft  men to work in finance, planning, as quartermasters but not require women to do the same?  Now that the military has opened combat roles to women this lame excuse  has no bearing on serving.  Either EVERYBODY needs to register or NOBODY needs to register.  I would direct you to put this question onto your Congressman’s twitter or web page and ask them direct, remind them that at 18 you are now a voting member of society.  More is here at NCFM.

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Second is reproductive rights.  As a man YOU HAVE NONE!  Again, understand that MEN HAVE NO REPRODUCTIVE RIGHTS!  The NYS Court of Appeals has even ruled that “a man’s right to reproduction ends at ejaculation”.   This is true even if she pokes holes in your condom or steals your sperm from a used condom in the garbage (and even if not used on her!).   If a woman gets pregnant she can abort the child against your will and has no obligation to notify you of this.  If she decides to have the child she does NOT have to notify you of that.  She can ask, and will receive, child support even for a child you did not want (no male aborting allowed) and if she hid the child from you for years and then seeks you out for child support you will be assessed back to the time of birth!  What sage advice do I have for this?  PROTECT YOURSELF AT ALL TIMES!  Short of abstinence there is no 100% effective method to protect yourself.   Women CAN, and DO, lie about their reproductive status so WEAR A CONDOM!  I suggest, “How To Avoid “Getting Screwed” When Getting Laid” by RK Hendrick, Esq. for practical suggestions.  Get it, read it, abide by it.

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Third up is False paternity.   Mommy’s baby is Daddy’s maybe.  If you are identified as the father of a child and you you accept paternity it can NOT be rescinded even if DNA testing later in life proves you are not the father.  There are many men paying child support for children that are not theirs (estimates run as high as 10%) and there are even legal instances where you can be named the father and have had no relations with the woman and are forced to pay anyway.  Women CAN, and DO lie about their reproductive status and the number of sexual partners and relations that they have.  Many are known to “Daddy shop”, naming a man who earns the most money as the father to maximize their child support even if they are not sure who the father is. The system is designed so you pay more for one child than for two so it is in a woman’s interest to have TWO baby daddy’s paying for “her” two kids instead of one paying for two.    Again, wear a condom, bring your own, and dispose of the used condom away from females. and ALWAYS get an at birth DNA test before admitting paternity!

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Fourth is Consent for sex – and false allegations of sexual abuse and rape.   Everyone understands that no means no (and this should apply to MEN also) but here are 3 areas where YES MEANS NO; Age of consent, intoxication, and her regret the next day.  It is the biased perception that all sexual abuse is perpetrated by men towards women (all women “need” protection) which has made it so that normal legal protections, the right of due process and innocent until proven guilty,  have been thrown out when men are accused of rape or sexual abuse.   This applies to criminal charges but is even worse in some institutions such as at colleges and universities and at work, especially those needing professional licensing.  Even if adjudicated “not guilty” the allegation and the negative perceptions of you will follow you throughout your life.  And, except in rare circumstances, there are virtually NO repercussions for making false allegation.

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If you get intoxicated with a female the intoxication will be determined to remove her ability to consent to sex but it will NOT remove your responsibility for having sex with her.  If equally drunk or stoned there is a very good chance you will be charged with rape because you are male.  There are even circumstances where a third party reports the “rape” of a female having drunken and/or consensual sex and the male is investigated and charged civilly.  The federal government has pressured colleges, threatening to remove funding, if they do not combat “sexual abuse” by applying “affirmative consent” rules to private sexual relations between consenting adults.   These rules have undermined due process on colleges.  The best way to protect yourself is to NOT have drunken sex.   The issue of colleges, affirmative consent, and the loss of protections for the falsely accused is reported on by Reason Magazine here.

Find out the age of consent in the jurisdiction that you are in!  And understand that there are different rules in each and every state and that also there are federal rules and criminal penalties.  As an 18 years old you will be treated and tried as an adult if you are having sexual relations with a female who is statutorily determined to be a child by age.  Sexting is a big problem as the transmittal of  “child pornography” is a federal crime, and the transmission of a photo of an underage female in her underwear to a male can be construed to be “child pornography” and you can be arrested for a felony, tried and/or coerced into pleading guilty, and have to register as a “sex offender” for the rest of your life.    You can find coverage of an individual case here and Reason Magazine has a good overview of the overreach and over reaction here.  Stop any “underage” sex and NO SEXTING!

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Regret reported as abuse will result in investigation and possibly criminal charges and civil actions.   The Duke Lacrosse case is a good example of the impact of false allegations.  People sometimes do regret the sexual situations they get themselves into, especially females, and especially if it is talked about or sent around on social media.  False allegations of rape and sexual abuse have been used by females to solicit sympathy and/or jealousy.  Allegations of sexual abuse can, and have, been made weeks and months after the incident and even if you are found to have not committed the act you can still suffer the stigma as the “Mattress girl” case shows.  Be careful not to put yourself into situations which could be construed as non consensual sex when looked at AFTER THE FACT!  You can get more information at SAVE-Stop Abusive and Violent Environments.

Fifth is Domestic violence, specifically disorderly incidents and false allegations by females.  IF YOU ARE A MAN YOU WILL BE TREATED AS THE PERPETRATOR OF DOMESTIC VIOLENCE EVEN IF IT IS MUTUAL, YOU ARE DEFENDING YOURSELF, OR YOU ARE THE VICTIM!  The fact of the matter is our response to domestic violence is a one sided affair which looks at men as perpetrators and women as victims.  What was designed as a shield to protect abused people is now a sword used regularly through false allegations.  Inversely, if you are a male victim there are almost no services available for you and most likely, if you are to report, you will end up being the one investigated.

Statutory protections and due process.  Every person is protected from assault by the penal code and if you are involved in an altercation with another person you can press charges or, in the case of a mutual disagreement or their being extenuating circumstances, decide to not press charges.  For the district attorney to prosecute they would require you to make a statement and then appear at trial.  If you declined to make a statement or appear then charges would not be pursued.  YOU decide to press charges, to make a statement, and to pursue a trial.  In cases of mutual combat between males (most often) charges would not be filed.  But remember, even in defense, most physical acts towards a female by a male will be viewed negatively and result in charges field against you.  However, the only recourse is through criminal court where you would need to be found guilty beyond a reasonable doubt (high standard of proof).  But that’s not true for domestic “abuse”.

While domestic abuse laws used to apply only to those related by blood or marriage or those who had a child together they have now been expanded to persons in an “intimate relationship” (intimate partner).  Thus the domestic abuse laws now apply to heterosexual and same sex dating couples including teenagers which is YOU.  Worse, there is no definition of “intimate relationship” so if she says she’s in an intimate relationship with you, you will be treated as if she is even if you do not consider her so.

This is important because if you are an “intimate partner” then the domestic violence laws apply to you.  Now both criminal court AND family court have concurrent jurisdiction.  There is Mandatory Arrest for any injury and if there are injuries to both parties (such as a mutual spat) then the police have to determine the Primary Aggressor.  Being a certified police domestic violence trainer I can tell you that “Primary Aggressor” equals “arrest the man”.

You also lose control of what will be done.  Should you both say neither wants to make a statement a regarding a private matter, one will be put on file anyway (Domestic Incident Report-DIR).  Should she say it was mutual and doesn’t want to press charges, but has a mark on her, you will be arrested anyway based upon Primary Aggressor and Mandatory Arrest Laws.  If she tells the district attorney’s office that she will not make a statement and press charges, you will still be arrested, arraigned in front of a judge, and made to either post bail or spend the night in jail.  You will have to hire an attorney and show up for a trial date and submit a motion before the case is dismissed for lack of evidence.

Should a woman be mad at you for any reason she can claim to be an “intimate partner” and file for an order of protection.  As family court has concurrent jurisdiction she need not file any criminal charges as she can go direct to family court and request the order.  Temporary Orders of Protection (TOP) can be obtained based on ex parte testimony (her word alone) and for even slim allegations such as “I’m afraid of him” and “I feel threatened by him”.  Once issued you will be ordered to stay away from her, including if you go to school together, work together, or live in the same neighborhood, thus disrupting your life.  They will even seize any and all firearms that you own.

It will be months before you get into family court for a hearing on the need and validity of the TOP and unlike criminal courts high “reasonable doubt” standard it is the civil court standard of “a preponderance of evidence” (51%).  In a “he said, she said” the judge will believe her and rule favorably.  Should you inadvertently violate the TOP, even if it is found later to be without merit and thrown out, you will be charged with a misdemeanor (up to a year in jail) and a second violation is a felony!

MEN, If you are involved in a disorderly, harassing, or physical altercation of any kind DO NOT STATE YOU ARE IN AN INTIMATE RELATIONSHIP WITH ANYONE, and if asked state it is a casual relationship only with any participants (the other party should do the same).  If it is determined to be a “domestic incident” the police lose all of their authority to use discretion in arresting and/or filling out a report.  You BOTH lose your right to NOT press charges or file a report.  If it was physical in any way state that you were trying to retreat and defending yourself from their attack and you do not (or do as the case may be) wish charges to be pressed against them AND MAKE NO OTHER STATEMENTS WITHOUT AN ATTORNEY.  There are severe repercussions for police NOT following domestic violence protocols so they are protecting their own interests and not yours and/or your friends.

I’ll close here with a welcome to the “life isn’t fair man’s world”.  I know this is a lot to consume, and in fact there is even more wrongs you’ll suffer as a man, high suicide rates, high work death rates,  DV victimization yourself, loss of access to your children post separation/divorce and punitive “child support” payments.  You can find more on these issues at the National Coalition For Men web site.   Domestic Violence and false allegations is covered at Stop Abusive and Violent Environments or Stop Abuse For Everyone.
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You can also find more on men’s and boys rights and issues on Facebook at Friends of the Protection For MenPFM/Boys Rights and Issues, PFM/College and University, PFM Men’s Human Rights Movement,  and PFM Men’s and Boy’s Health among others.  PFM was founded by RK Hendrick, the author of “How to Avoid “getting Screwed” When getting Laid” and you can reach him there.  Feel free to join the discussion.

 

I can be reached through Facebook on the PFM sites or at the “Coalition of Fathers and Families NY” Facebook site or at NY MAN.  Information used here is based on New York State and US Laws although much of it has practical applications in all jurisdictions. This is NOT legal advice and we direct you to seek competent counsel for your specific jurisdiction and circumstance.
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The author, Lt. James Hays (Ret.) is a recently retired NYS Law Enforcement Officer of  34 years, 9 as a supervisor.  I am also a 20 year plus men/father rights activist co-founder, past President and current Treasurer of the Coalition of Fathers and Families NY, Inc., (501c3 Educational and Advocacy Organization) and Director of the NY Men’s Action Network (Blog link), (a grass roots political action group founded in 1997.  The opinions expressed herein are those of Mr. Hays and are not necessarily the opinion of any organization or individual mentioned herein.