By Dr. Leon Koziol

Parenting Rights Institute

A federal judge has granted a request by the New York Attorney General to adjourn proceedings regarding my parental rights case from November 15, 2019 to next month. Also, lawyers for defendant Oneida County Sheriff Robert Maciol and a support investigator have filed motions set for December 20, 2019.

However, unless otherwise informed, there will be no public argument on that day. I received notice of this in the mail over the weekend and ask all interested followers to share this information to benefit those originally planning to attend this Friday.

Principally a constitutional rights case, I am seeking to invalidate a scheme of custody and child support provisions that are increasingly harming moms, dads and their children. These provisions enable draconian enforcement practices that routinely cause needless conflict and destroy parent-child relationships.

Parental alienation is asserted as a symptom of a dysfunctional family court system which brings lucrative benefits to third parties and billions of dollars in Title IV-D incentive funds to state collection agencies. Debtor prisons, bankruptcies and premature deaths are rising as a result of the mass suppression of a human rights epidemic fed by our own federal government.

USA Today featured an editorial in yesterday’s edition (Veterans Day) which called for programs to reduce the shocking number of suicides in our military (22 per day). True to form, it focused on PTSD and active military suicides with no mention of the divorce and family court crisis occuring when they come home.

For the past twelve years, I have assisted victims of this crisis. In one case, I prevented an Iraq war veteran from committing suicide as his preferred course of action over a jail cell for support debts. Those debts were caused by PTSD, unemployment and a family court lawyer who was failing his duties to this client.

In my Whistle blower report to Congress distributed to every member by parent advocates on May 2, 2019, I featured the suicide letter of Chris Mackey. The distribution was made on the second day (Lobby Day) of our 3-day Parent March on Washington. Those who participated can be proud to know that due notice of this crisis was served on our federal government.

Sadly, while remaining focused on parent-child separations at our borders and the 2016 elections, those members have made no effort to respond to the vital requests made in that report. They include a federal investigation of human rights violations, family court corruption and fraud through the use of federal funds.

Consequently when a $35,500 child support payment was not recognized in my support violation case in 2018, a clear fraud was exposed, one designed to cause a contempt sentence for non-payment and an increase in federal aid. With the added feature of a “shoot on sight threat,” it became necessary to seek protection in a higher court. That action led the New York Attorney General to move my case to federal court.

Whistle blowers like me have been persecuted beyond rhyme or reason for exposing this epidemic. Indeed lawyers have committed crimes during their witch hunt against me in retaliation for my exercise of First Amendment and due process rights which are at the core of this litigation.

For example, three ethics lawyers were allowed to resign without any charges despite being caught falsifying their time sheets. My custody judge was permanently removed from the bench after admitting to sexual abuse of his handicapped, five-year old niece (ex-New York “Family” Judge Bryan Hedges).

Like prior federal litigation, after a 23-year stellar record as a civil rights lawyer, the motions now filed by the attorney general and county lawyers omit key precedent from their written arguments for dismissal. They include the Second Circuit ruling in NAACP v Merrill (September 10, 2019) and Third Circuit decision in Malhan v Sec. of State, N. J. Attorney General, et. al. (marked “precedential” on September 18, 2019).

Read together, both cases have curtailed Eleventh Amendment immunity, Rooker-Feldman doctrine and Younger Abstention practices. Such practices have been used by federal courts to keep aggrieved family court victims from having their federal rights heard in a federal court. The very reason for existence of these courts is to safeguard our constitutional rights.

In my recent 24-page brief opposing dismissal, I raised these and other crucial cases to benefit victims everywhere. That brief caused the attorney general to seek the adjournment for a more thorough reply. The various submissions by the lawyers in this case are available at my office or in the public court records.

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