Posted on 05/05/2015 8:41:21 PM PDT by Pikachu_Dad
1) We lost the Senate vote 37-0.
Let's dust ourselves off and get back in the game. This is not over. We can win this. We will win this. Right is on our side. God is on our side. Our kids are on our side. Link to vote
2) Now the bill heads to the House.
So please start contacting your Louisiana House Representative
3) Civil Law and Procedure
Most likely the Bill will be heard by the Civil Law and Procedure Committee.
4) Counter Example
"The price of a successful defense is an alternative"
Need an example of a Civil Code Parental Authority law done right?
Look to the European Union.. The start of that document is below.
This law is beautifully written. * The law repeatedly refers to father and mother. * Single mothers have parental authority automatically. * Single dads establishing paternity have parental authority. * The courts may only interfere for a grave reason. * No nebulous politically correct terms like 'a person with parental authority'
5) Please help grow our list
Forward this email to a friend and ask them to Subscribe
6) Removal from list
To be removed from this list, please press the Unsubscribe button
*** EXAMPLE FROM THE EURO UNION CIVIL CODE
V. Living relationships
5.3 Standards of a Living Family
Article 125 - Parental Rights
135.1 Parental rights (link)
Every child, regardless of age, owes respect to his father and mother.
A child remains subject to the authority of his father and mother until his majority or emancipation.
The father and mother have the rights and duties of custody, supervision and education of their children. They shall maintain their children.
The father and mother exercise parental authority together.
If either parent dies, is deprived of parental authority or is unable to express his or her will, parental authority is exercised by the other parent.
The person having parental authority may delegate the custody, supervision or education of the child.
135.2 Permission from the parents link
No unemancipated minor may leave his domicile without the consent of the person having parental authority.
135.3 Challenges to parental authority link
In the case of difficulties relating to the exercise of parental authority, the person having parental authority may refer the matter to the court, which will decide in the interest of the child after fostering the conciliation of the parties.
Whether custody is entrusted to one of the parents or to a third person, and whatever the reasons may be, the father and mother retain the right to supervise the maintenance and education of the children, and are bound to contribute thereto in proportion to their means.
135.4 Deprivation of parental authority (link)
The court may, for a grave reason and in the interest of the child, on the application of any interested person, declare the father, the mother or either of them, or a third person on whom parental authority may have been conferred, to be deprived of such authority.
Where such a measure is not required by the situation but action is nevertheless necessary, the court may declare, instead, the withdrawal of an attribute of parental authority or of the exercise of such authority. The court may also directly examine an application for withdrawal.
The court may, in declaring deprivation or withdrawal of an attribute of parental authority or of the exercise of such authority, designate the person who is to exercise parental authority or an attribute thereof; it may also, where applicable, obtain the advice of the legal guardianship council before designating the person or, if required in the interest of the child, appointing a legal guardian.
Deprivation extends to all minor children born at the time of the judgment, unless the court decides otherwise.
Deprivation entails the exemption of the child from the obligation to provide support, unless the court decides otherwise. However, where circumstances warrant it, the exemption may be lifted after the child reaches full age.
A father or mother who has been deprived of parental authority or from whom an attribute of parental authority has been withdrawn may have the withdrawn authority restored, provided he or she alleges new circumstances, subject to the provisions governing adoption.
In no case may the father or mother, without a grave reason, interfere with personal relations between the child and his grandparents.
Failing agreement between the parties, the terms and conditions of these relations are decided by the court.
Decisions concerning the children may be reviewed at any time by the court, if warranted by circumstances.
Perhaps there is some better explanation in their minutes. But I doubt it.
This is the final meeting where on this proposal.
http://www.lsli.org/files/minutes/11-2014%20-%20November%202014.pdf
Storm the statehouse with riot police to arrest all who voted for this atrocity.
Here is their 2013 budget
http://app1.lla.state.la.us/PublicReports.nsf/5862E970818E03C286257C7500770326/$FILE/000371EC.pdf
Total expenditures/expenses 999,455 page 7
State appropriations 972,666
OOOO. I like the way your are thinking. Got a few free Storm Troopers?
“May the 4th be with you !”
Fresh out of riot police, I shall have to use the power of the pen... well, keyboard.
Lets see:
http://www.doa.louisiana.gov/opb/pub/FY15/FY15_Executive_Budget.pdf
SCHEDULE 24 - LEGISLATIVE EXPENSE
Schedule 24 - Legislative Expense includes 6 budget units:
House of Representatives,
Senate,
Legislative Auditor,
Legislative Fiscal Office,
Legislative Budgetary Control Council,
and Louisiana State Law Institute.
page 20
24_951 House of Representatives....$27,607,568
24_952 Senate..................................$20,728,093
24_954 Legislative Auditor................$32,694,389
24_955 Legislative Fiscal Office........$2,430,297
24_960 Legislative Budgetary Control Council......$18,149,643
24_962 Louisiana State Law Institute......$1,033,509
Legislative Expense .....$102,643,499
page 181
24_962 — Louisiana State Law Institute
General Fund (Direct) $1,033,509
Hear, hear!
I simply do not understand this. It sounds horrifying just based on the title. I am willing to be wrong but this looks like an absolute nightmare. Am I missing something?
The first paragraph of your post about LSLI tells me most of what I needed to know. Academia.
What in the ‘H’ is academia doing involved in governance! They are allegedly educators, not a governing entity. They have no business in the arena of politics other than perhaps as observant students.
Handing the creation of laws over to what is mostly liberal academia is not good governance. It’s more akin to passing on responsibility. Quite similar to our Congress passing their responsibilities to bureaucracies.
They even force men to pay child support when they KNOW the kids are not his.
Not so sure that is what is going on. This sounds like a stealth ploy by the Gay/Lesbo activists who want the other parent out of the way when they hook up with a previously hetero married person. Very messy when children are involved, and the other bio-parent is upset about the horrible impact on his/her child. Nothing is as it seems any more.
I took a quick look at the law before and it looked like parental rights get terminated at divorce, but then it sounded like the court appoints something similar to a guardianship for the children called a “tutorship”. I have no idea what that is, though.
I am not a lawyer, but the article looked interesting so I did a little reading and I’m confused.
A summary of SB134 is here: http://www.legis.la.gov/legis/ViewDocument.aspx?d=944744. The Senate bill, with comments, is here: http://www.legis.la.gov/legis/ViewDocument.aspx?d=944623.
It seems to say that parental rights (of BOTH parents) terminate at divorce. This is existing law, the bill does not change that. Per Louisiana CC 131, “In a proceeding for divorce or thereafter, the court shall award custody of a child in accordance with the best interest of the child.” Other sections, not being modified, reference both sole and joint custody arrangements.
Can you point to the section in this bill which is causing concern?
It is like I’m reading a outer limits story, nothing makes sense
If you are going to get a divorce and you have children, get the heck out of that State! This further discourages marriage!
How the hell did it pass?
I find it hard to believe that the Louisiana Senate would vote 37 to 0 in favor of anything that most FReepers would be against. What is the problem???
I'm curious to hear from Pikachu_Dad since my reading of the bill indicates that Louisiana is merely trying to update the language for the times. For example, there are instances in the current law where the father is charged with making decisions for the child. Under the proposed updated law, both parents are responsible.
I don't see anything nefarious in the bill. Hopefully Pikachu_Dad can point out the offending section.
Oh I’m phucking pinged. Thank you, I somehow missed this.
For those who asked what they are missing, it is simply a clarification of long standing Louisiana law and a cleaning up of civil code and it’s ancillary (r.s. Chapter 9) language.
The concept is that joint parental authority is derived from the marriage. That joint authority, including the right to represent a child as embodied in civil code chapter 5 is terminated upon death, incapacity of a parent or divorce (when the judgement of divorce transfers it to one or both parents individually, as determined by the best interest of the child).
There is no change in the law, no sinister motive or hidden agenda.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.