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  #1  
Old 11-14-2004, 03:54 AM
kgod999
 
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Father is absolute owner of child

I was talking to someone thru email yesterday about void judgments and that person said that under the common law, the father is absolute owner of the child, thus voiding any statutory family court order to the contrary (custody,visitation, child support,etc.). Anybody got anymore information on this?
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Old 11-14-2004, 07:36 AM
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Akira Akira is offline
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Hey KG,

Here is part of something I posted on another board.


The logic behind this stance, is in the following legal maxim:

"Partus sequitur ventrem; The offspring follow the condition of the mother, this is the case of slaves and animals; but with regard to freemen, children follow the condition of the father."

There are 2 classes of citizen in this country...

The first clause of the fourteenth amendment made negroes citizens of the United States, and citizens of the State in which they reside, and thereby created two classes of citizens, one of the United States and the other of the state. [Cory et al. v. Carter, 48 Ind. 327 (1874)]

"We have in our political system a Government of the United States and a government of the several States. Each one of these governments is distinct from the others, and each has citizens of its own who owe it allegiance, and whose rights, within its jurisdiction, it must protect. The same person may be at the same time a citizen of the United States and a Citizen of a State, but his rights of citizenship under one of these governments will be different from those he has under the other." -- Slaughter House Cases United States vs. Cruikshank , 92 U.S. 542 (1875)

If you are one of "We the People", then you are a state Citizen only, are a free man, and have access to the quarantees of the Constitution and Bill of Rights, and the government has no authority to touch your children.

If you are a "U.S. citizen", then you are a 'slave citizen' under the 14th amendment, with 'civil rights' otherwise known as priviledges, which can be given and taken away by Congress. As a 14th amendment citizen, you are subject to all 60 million codes, regulations and statutes, created, directly or indirectly, by Congress. If you have a social security number, you are one of these.

Freemen do not receive benefits from the STATE, and, as such, are not 'subject' to their authority.

"The individual may stand upon his constitutional Rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited.

He owes no such duty [to submit his books and papers for an examination] to the State, since he receives nothing there from, beyond the protection of his life and property. His Rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his Rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their Rights." Hale v. Henkel, 201 U.S. 43 at 47 (1905).

For HIS Glory,
Akira
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Akira = Akira-
Counselor in Law (student) - I live it, I don't 'practice'
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Last edited by Akira : 11-14-2004 at 08:24 AM.
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Old 11-14-2004, 02:45 PM
kgod999
 
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father is absolute owner of child

so, this really goes back to your rights being your property, thus, your right to raise your children how you see fit is taken away as a privilage. got cha. i was just wondering if there was some case law on this, but like your post said, it doesnt really matter, but there IS CASE LAW that says your rights is property, etc. thanx
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Old 11-15-2004, 10:01 AM
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Akira Akira is offline
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KG,

I want to take this opportunity to say you're right !

I haven't seen my children in 2 years, and since then, the Ex. has been in total darkness about my life, my lifestyle, and if I'm doing anything at all to rectify visitation...

Since she is only in it for the $$$, and could give 2 sh--s about 'our' children, I was amused to recently learn, she is anxious for me to resume visitation ! Apparently, having 2 active, intelligent boys (ages 8 & 10), 24/7, by herself, is taking it's toll on her lack of coping skills!

What timing ! I was already prepping paperwork !

Akira
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Akira = Akira-
Counselor in Law (student) - I live it, I don't 'practice'
No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
"Pro and Con are opposites, this is plainly seen.
If progress means 'to move forward', what does congress mean?" - Nipsy Russel

"It's not the will to win, it's the will to prepare to win." - Bobby Knight
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