[AKidsRight.Org] Current News / Essay - We have a Civil Right to be parents

jmurtari@akidsright.org

Good People & People of Faith,

This message contains info on:
1. Current News - Murtari Appellate stay denied 
2. Parents Rights on KRightsRadio.Com - an interview
3. Essay - We have a Civil Right to be parents         

1. Current News - Murtari Appellate stay denied
------------------------------------------------
Today is the 50th day John Murtari has gone without solid food.  He is
in stable condition and is being fed via nasal-gastric tube while
imprisoned.  On Monday, Sept. 18th, John Murtari learned that a New
York Appellate Judge had denied his request for "a stay" of his 6
month jail sentence.  His attorney was frustrated by the decision.  As
many of us know it is difficult to win an appeal in Family Court cases
due to the wide discretion given trial judges.  It affirms the need
for strong protection before a decision is made separating parents and
children.  For detailed background, see:
http://www.AKidsRight.Org/support_jm.htm.

There is still hope.  John's attorney will be preparing a motion to
trial Judge Hedges to ask for a reduced sentence.  This should be
completed in the next week.

2. Parents Rights on KRightsRadio.Com - an interview
----------------------------------------------------
Last week John Murtari did an in-jail radio interview with Richard
Farr from KRightsRadio.  A wide range of topics concerning parental
rights was discussed.  To hear a recording of the interview go to:
http://www.KRightsRadio.Com/.

3. Essay - We have a Civil Right to be parents
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[While in jail, John Murtari prepared this essay laying out an argument
for the Civil Rights of parents.  What do you think?  What would you
say in 750 words or less?  Your FEEDBACK is welcome. -Ed.]

In 21st Century America many believe all our Civil Rights have been
recognized.  To mention a few: freedom of speech and religion,
personal liberty, equal treatment for women and people of color.  All
foundations of a healthy society.  But what about the security of
family, the right of parents to raise and nurture their own children?

When my son Domenic was born I'd never thought about Family Rights.  I
had a two-parent family.  None of my friends had been in a custody
battle.  I assumed I'd be able to share the same love and attention on
my son as my parents did with me.  The painful experience of a divorce
taught me that I was very wrong.

I discovered, as have many parents, that if my relationship with my
child is challenged by a former spouse or even a social worker, my
child and I have no right to family.  A trial may occur, but there
will be no jury of my peers.  A lone judge will decide what's in the
"best interest" of my child.  This could include limited or no contact
with a loving parent for an entire childhood.

I've come to believe we have a Civil Right to be presumed FIT & EQUAL
parents to our children, unless you are convicted in a criminal court
of being a demonstrated threat to your kids.  Good, average, and poor
parents are all FIT & EQUAL parents.

Why?  Because one foundation of morality is the supremacy of
individual conscience - what many know as "let your conscience be your
guide."  What more natural obligation does any parent have than to
care for their own kids?  To be present in their lives in the many
roles that only a parent can fill.

A second precept says any law which stops us from acting according to
a "well formed" conscience is immoral.  Is it any wonder parents and
children unjustly separated find it one of the most painful and
disruptive experiences of their lives?

While it is difficult to compare Civil Rights; what would you find
more disturbing: being told to sit in the back of the bus, not being
allowed to vote, or ordered to no longer hug the child you love?

Fit parents should decide what's in the best interest of their child.
Some think a distinction should be made between good, average, and
poor parents.  But how can we make a single determination in a
multifaceted and dynamic relationship?  Like most of us I have mixed
feelings about what my parents chose for me.  Times I knew they made
mistakes, times when I would have preferred one over the other.  I saw
our relationship change as I matured, but we all grew together as
family through good times and bad.

Only the bad parent should be excluded, one who threatens the safety
of their child with malintent.  Society justly intervenes for those
who seek to destroy the relationship.  There would be no potential for
growth.  This would be a serious crime prosecuted in a criminal court.

In the vast majority of cases parents would be free to establish
parenting time as they desire.  While negotiating a custom schedule, a
default standard would alternate physical custody on a weekly basis.
Both parents would share legal custody and would alternate "tie
breaker" authority on an annual basis.  What would all this mean?

A single judge acting alone could not issue an order that destroys a
family.  The animosity and terrible waste of resources that goes into
Family Court battles about which parent is "better" would be
eliminated.  Mediation services would be more effective when dealing
with equal parents.  Children would benefit from regular contact with
both parents.  Community resources could be better focused on
identifying and prosecuting the few bad parents that exist and
protecting children.

If we look through our history, the recognition of basic Civil Rights
has resulted in some disruption and change -- but overall they have
strengthened our society.  Our nation has seen an explosion of well-
intentioned Family Law in the last 40 years.  It is now time for a
Federal Family Rights Act that will recognize and protect our ability
to raise and nurture our own children.

-- 
                                       John Murtari
____________________________________________________________________
Coordinator                            AKidsRight.Org
jmurtari@AKidsRight.Org                "A Kid's Right to BOTH parents"
Toll Free (877) 635-1968(x-211)        http://www.AKidsRight.Org/

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