Newsletters::1998 January

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UPCOMING EVENTS

COALITION TO END CUSTODY BATTLES will be conducting a lobbying and informational meeting about the Parenting Plan bill, HF#1323/SF#1311.

  • SATURDAY, JANUARY 17, 1998
9:30am-12:00pm
Southdale Library
7001 York Avenue South, Edina
Helen Young room at the top of the stairs on the second floor
  • Hearing on HF#1323, Parenting Plan bill:
Wednesday, January 21, 1998
12:30pm in Room 400 South, State Office Building (this is a very small room)
House Judiciary Subcommittee: Civil and Family Law Committee
Chair: Rep. Andy Dawkins
Everyone is encouraged to attend.
  • R-Kids group meetings will be held at the Brooklyn Center Branch of the Hennepin County Library,
located at 6125 Shingle Creek Parkway, 
at 7:00 PM. Speakers will be announced. 
Scheduled dates are: 1/20, 2/24, 3/24, 4/21 and 5/19/1998. 
  • The Minnesota Legislative session will begin on Tuesday, January 20, 1998
This year is the short legislative session.
First Committee deadline: February 13,1998
Second Committee Deadline: February 20, 1998
Final Committee Deadline: February 27, 1998

REVISED VERSION OF PARENTING PLAN BILL NOW AVAILABLE, HF#1323/SF#1311

If you would like to obtain the amended version of HF#1323 you can contact

Mr. Christopher Crutchfield at (612)296-3249. The new version has addressed a lot of the concerns that were brought up at the hearings that were conducted around the state, and provides for "expense sharing," instead of guidelines child support, of the parties agree to it, or if the child spends a significant amount of time with both parents; provided that the obligee's cash flow is not below poverty. The revised bill is more detailed about what a Parenting Plan is and the definitions are defined in more detail. There is also a summary of the bill available. The revised version will not be on the legislature's website until the legislature reconvenes January 20.

The last two newsletters have informed you about the much needed Family Law bill that will change the way divorces with children will be handled in the future, the Parenting Plan bill. The bill was drafted by an ad hoc group of attorneys and other interested parties. The group has formed a lobbying organization called, Coalition to End Custody Battles. We would like to encourage our members to help with the lobbying effort in whatever ways you can. The idea is to form coalitions of groups and have a great grassroots effort to get the bill passed. People uniting together for a great cause can do big things.

IT IS TIME FOR ACTION

It is very important for everyone to contact their own Representative and Senator and ask them to support the bill. If you do not know who your legislator is, call 296-2146 to find out. It would be best if you could meet with them. You could also write them a letter or call them. Tell the legislators you care deeply about this bill and how the bill will make the much needed changes to our current Family Law system. Try to persuade them to support the bill. Find out their position on the bill. If they do not support the bill, find out what part of the bill they do not like. If you obtain any information about legislator's positions on the bill please write or call the R-KIDS organization and let us know. If you meet with your legislator, it is always good to give them something in writing so they can refer back to your position about the bill. You can also write them a letter after the meeting and thank them for meeting with you. If they support the bill, thank them for their support. Try to build a good and positive relationship with your legislator.

If you have always wanted to do something with R-KIDS, now is the time. At the very least, call your legislators. Call your legislators now.

It is very important for you to not sound angry or be angry when you are meeting with your legislator. We are obtaining a lot of support for this bill and it has a great chance in passing this year, which would be a miracle, so please do not offend anyone or attack anyone. Tell the legislators that the bill has a great deal of support and speak positively that the bill will pass. When you talk to your Representative you can tell them that

Rep. Winter, Rep. Carruthers and Rep. Sviggum all support the bill.

If you do not feel comfortable in meeting with you legislator alone, please contact the

R-KIDS hotline and leave a message that you would like someone to go with you. It is very important for you to meet with your own legislator because you vote for them and therefore, you have the most influence over them. Please join the lobbying effort and contact your Representative and Senator today.

The four interim hearings on HF#1323 have now been completed. The hearings were conducted in Duluth, Willmar, Rochester, and St. Paul. There has been great public support for the bill with very few people opposed. The bill has support from attorneys, child psychologists, psychologists, family counselors, pastors, mediators, guardians ad litem, judges, county workers, former Chief Justice Sandy Keith, custodial and non-custodial men and women. There are a lot of women who support this bill. Do not believe the lie that this bill will harm women and explain to your legislators the benefits this bill has for women. This bill is not about making things better or worse for men or women but this bill is about making things better for children and families.

The current divorce process is very harmful for children. If you know of any adult children from divorce who have suffered from a bad custody battle, please tell us the story. You should also tell your legislators how your children have been harmed from your divorce.

If you would like to become more involved in helping to get this bill passed please call or write the R-KIDS organization. We may need volunteers to do a phone blitz to all members when a big vote is coming up. There are many other things you can do to help get this bill passed.

At a recent meeting of the Family Law section of the Minnesota Bar Association, the section voted to oppose the parenting plan bill. The family law section, in concert with domestic abuse groups, will be the main opponents of the bill, despite the fact that the bill does not apply to domestic abuse proceedings. There was a perception that the only people who favor this bill are abusive men who have an ax to grind with the system because they were punished for being abusive! Thus, Judge Klas was going to ask Rep. Entenza to ask anybody who testifies in favor of the bill whether they were found by the Court to have committed domestic abuse. It was also suggested that the co-parents of all these men be asked to give their side of the story; but people felt that these women would be too intimidated to come speak. (Maybe they wouldn't want to take the time to complain about a system that catered to them.) Every Attorney who represents a person in divorce should attend these meetings, which are held the second Saturday of each month.

OTHER BILLS

The R-KIDS organization is currently in the process of drafting a child support bill. One aspect of the bill will be to consider second families when calculating child support. We will let you know when we have the bill numbers.

We are also working on drafting an Administrative Law Judge bill.

Do not forget the Accountability of Child Support bill HF#1051. This bill allows the Court to condition use of child support upon the custodial parent actually financially supporting the children with the child support. This commonsense concept is likely to find great opposition, and no hearings are set as of yet.

If you would like to help with any of these bills please call the R-KIDS hotline at

612-770-6164.

FINANCIAL SUPPORT

Now that the legislative session will be underway, it is very important for you to support the R-KIDS organization financially. We need money to help support the lobbying effort and to keep you informed about what is happening at the capitol. Any donations will be greatly appreciated. We would like to be able to have money to hire a full time lobbyist. We really need representation at the capitol.

Remember the letter writing campaign and keep on writing the legislators.

R-KIDS GROUP MEETING, DECEMBER 16, 1997

Attorney Lawrence Olson spoke about the custodial parent taking the children and moving out of state. According to law, a judge needs to provide a permit. In fact, the courts presume that the custodial parent can go, unless the non custodial parent provides a preponderance of facts that show moving would endanger the child physically or emotionally. Basically, the current procedure is that "She can go". The proposed parenting plan bill will require courts to look at the effect upon the relationship with the other parent before allowing the child to move.

Joint physical custody shifts the burden of proof slightly. In this case, a parent needs to show that moving is not in the best interest of the child.

Domestic abuse has a life of its own. It is used in divorce, custody, power struggles, visitation, etc. Judges sign restraining orders readily. The matter is not gender neutral. Laws are OK, but it is the manner of implementing them that causes the problem.

R-KIDS WEBSITE IS UP

The R-Kids website address is freenet.msp.mn.us/org/r-kids/. Our e-mail address is r-kids@freenet.msp.mn.us. Our page tells about R-Kids, contains links to other sites of interest, and contains the newsletter, which will be up about a week or two before it hits your mailbox. We also will be updating action at the legislature on a periodic basis during the session, which lasts from January until April.

If you would like to get your newsletters via e-mail in order to get it quicker and save us money, let us know.

The next newsletter will be out in May, and will contain a legislative wrapup.

ABOUT R-KIDS OF MINNESOTA

  • R-KIDS is a non-profit organization dedicated to educating law makers, family law professionals and the public with regard to family law and social services and their effects on children, families, and the consequences to the taxpayer.
  • Our main concern is for our community of children of divorced, separated, or unwed families. We believe that children need, want and deserve the love, support and involvement of both parents regardless of marital status.
  • Founded in 1985, our membership is comprised of both moms and dads, custodial and non-custodial parents, grandparents, stepparents, and professionals such as social workers, doctors, attorneys, and family law practitioners.
  • It is the objective of R-KIDS to develop equitable family law legislation in an effort to improve the lives of all Minnesota children.

"ALL CHILDREN NEED BOTH PARENTS AND ALL GRANDPARENTS IN THEIR LIVES"

  • Unless those affected by the current family law system voice an opinion and demand positive change, we and our children will continue to suffer. This change will not occur without your help! Legislators and family law professionals need to hear from; parents, grandparents, and constituents. Until they do, things will not change.

R-KIDS CONCERNS AND ISSUES

  1. The needs of children to have frequent and meaningful contact with both parents.
  2. The lack of effective consequences for denied visitation or parental interference.
  3. Consideration of the financial and emotional responsibility of both parents to provide for their children equally.
  4. Dissemination of information to the public about current family law issues and the long term consequences for our children, families and the tax payer.
  5. The harmful impact of out-of-state or long distance relocation on the parent- child relationship.
  6. Fair and equitable sharing of child support responsibilities which takes into consideration the financial needs of children in second families, as well.
  7. The negative impact of the adversarial court system and social services upon divorcing families with children.
  8. Removal of the myth perpetuated in our judicial and family law professional systems that only mothers are nurturing and fathers are financial providers.
  9. Accountability for the use of child support.
  10. The impact of the no-fault divorce system on families with children and the need for effective education for parents considering marriage, separation, or divorce.

R-KIDS website is http://www.rkids.org

Do you want to express your viewpoint or share your story in the newsletter? E-mail to ttheisen@bitstream.net, or mail to Tim Theisen, R-KIDS Newsletter Editor, 229 Jackson Street, Suite 105, , Anoka MN 55303. We reserve the right to edit. We will use your name unless asked not to do so. Obviously, viewpoints expressed by readers do not necessarily reflect the position of R-KIDS.

Give to RKIDS Charitable Fund

R-KIDS Charitable fund is a tax exempt, 501(c )(3) foundation. The proceeds WILL NOT BE USED FOR LOBBYING. The fund currently needs money for various charitable activities of benefit to children of divorce. Send your tax deductible donation of $25, $50, or $100 today! Make checks payable to R-KIDS Charitable Fund. Mail to R-KIDS PO Box 24658, Mpls, MN 55424.

This newsletter is distributed via US mail and e-mail. If you are getting it via regular mail, but you have an e-mail address, let us know your e-mail address. Send a note to Editor Tim Theisen, ttheisen@bitstream.net . Not only will you get the newsletter a couple weeks sooner, but you’ll also get certain bulletins between newsletters, and you’ll save us postage costs as well! Also, the e-mail version of the newsletter sometimes has extra articles that didn’t make the editor’s final cut for the print version.

The R-KIDS newsletter does not purport to give legal advice. The information contained herein is general in nature; individual circumstances will always vary.

Feel free to disseminate this newsletter. We want to spread our message!

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