NCFM-LA Successful in Appeal for Father's Paternal Rights

Posted on behalf of Marc A.:
NCFM-LA's complaint against Judge S. Patricia Spear to the Commission on Judicial Performance here. The Commission's response stating corrective action was taken and thanking NCFM-LA here.

Last year in Los Angeles, a 10-month-old boy was about to be placed in foster care because his mom was unfit and his dad was unknown. During that time, the mom told the dad for the first time about the child. The dad immediately went to court, explained the situation and requested a paternity test and reunification services so that he could raise his child. In an asonishing (though not uncommon) denial of male reproductive rights, Judge S. Patricia Spear denied his request and said things like, "I don't think you're the father" and that he should have come sooner.

The man hand-wrote an appeal. The appellate court reversed and even chastised the judge. A family law attorney told us this judge is very misandrous and that this incident was not isolated. On 6/29/06 we complained about this judge to the Commission on Judicial Performance and attached the appellate decision. A few days ago the Commission wrote us saying they took corrective action (usually their letters say they took "no action") and thanking us for reporting this to them. They cannot tell us what action they took. Regardless, it is in her record and affects her career as a judge. The decision is available (free registration required) here (.pdf).

Following is a media story about the appellate decision.

Marc E. Angelucci, Esq.
President
Los Angeles chapter
National Coalition of Free Men
http://www.ncfmla.org/

Masculism: The belief that men have been systematically discriminated against, and that that discrimination should be eliminated. - Oxford Companion to Philosophy
____________

http://www.metnews.com/articles/2006/jesu062806.htm

Excerpt:
'C.A. Overturns Denial of Claim to Paternity of Dependent Child

Denial of Alleged Father’s Rights Without Allowing Blood Test Precipitous and ‘Difficult to Understand,’ Vogel Says

By STEVEN CISCHKE, Staff Writer

A man who claimed paternity of a young child immediately upon learning of the baby’s existence was entitled to assert presumed father status in dependency court, the Court of Appeal for this district has ruled.

Div. One Justices Miriam A. Vogel, Robert M. Mallano and Frances Rothschild voted Monday to reverse Los Angeles Superior Court Judge S. Patricia Spear’s order terminating the parental rights of a man identified in the opinion only as Jesus H.'

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Comments

So what did the commission do? Anything at all? Sure looks like a snow job to me.

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To the best of my understanding, it is illegal under existing employment laws for any employer, including government, to ever divulge any disciplinary action against any employee. The only way we would ever know of any disciplinary action by an employer is if the employee divulged it.

That being said I did see on the news yesterday, where an employee who'd been fired from a company, went on a shooting rampage. Was it legal for the news media to divulge that the former employee had once been fired from the company?

None of the above is legal advice and should be taken as such.

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How much do you want to bet that if that judge had managed to deny him his right to be a father because "she didn't believe he was the father", she'd have been first in line to demand a blood test when it came to getting him to pay child support. It certainly would have been the next step... first you make sure he can't be an actual parent then you make sure he pays the nanny-state to do it.

Dave K
A Radical Moderate

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