Thank you for submitting the following information:
Name: Yvette E. Gumas
email: fitparentsrightsnow@yahoo.com
State: Pennsylvania
Comments: I have several problems with GPV laws. First, as a fit parent, I made the decision to no longer allow contact between my son and 3 diagnosed schizophrenics (2 of whom told me they were only bi-polar--I have found out otherwise.) These people are my own mother, my brother, and my sister. My brother had his own children seized by the state of New Jersey and adopted out to strangers--that's when he was diagnosed. My mother was diagnosed when I was a child and she has numerous hospitalizations in her history for mental illness. My sister was diagnosed in the last 15 years and also has numerous hospitalizations.
I had to go to a conciliatory hearing to defend my right to make decisions directly regarding the safety and welfare of my son--I lost. PA presumes all grandmas are loving and wonderful and baking cookies. My son was interviewed by the mediator (another attorney) and was NOT asked about abuse and violence in the home. The mediator, according to my son, said "No matter what you say here, you're going to be visiting your grandmother," and "Grandmothers have special rights in this country!" My son says he saw no reason to say anything of any consequence at that point because the mediator said the decision was already made. How???
PA requires under chapter 1940 that once there is ANY allegation of abuse by either party, the mediator has an "ethical obligation" to immediately deem the case inappropriate for mediation and refer the matter to evidentiary trial--he did not and there has already been an incident at the house on 17 MAR 02, for which the mediator is going to be sued.
My problem is "Parens Patriae." This is the basis for the state's intrusion and micro-management of my family. The problem is, where is the original document wherein the federal government has granted this authority to states and what are the written limitations to exercising this authority? I've emailed the governor, my state representative, the attorney general, child protective services, and numerous local and national media outlets. Guess what? NO ONE KNOWS!
At one point Louisiana had this authority laid out in writing and because they had the extent and authority so broad, it was challenged in court and deemed unconstitutional. PA, I'm told, may not have it in writing at all. The attorney general says it's "common law" here. That will afford PA absolutely NO protection. Parens Patriae is 1)an old law from ENGLAND. This is england NOT! and 2) is to be exercised only to "protect a child from harm or potential harm." I have NOT been alleged to be unfit, incompetent, or impaired in any way. That means NO HARMS TEST was done. I am an army veteran with some degree of education who has been working at the same place for 5 years and earns more than the combined incomes of all 3 of the schizophrenics that PA says must have access not only to my son, but all of his and MY records.
PA has managed to completely rip apart my life financially, emotionally, and in my relationship with my son in order to secure the rights of 3 mentally disturbed people to directly endanger the welfare and safety of my son. No loving, STABLE, caring grandmother has to sue for rights to see grandchildren. PA has used parens patriae to allow 3 schizos to insinuate themselves in my life where the state of NJ has said they are incompetent to supervise or care for children and where the army granted me a hardship discharge for EXACTLY THE SAME REASON.
What state can issue and enforce orders affecting a parent's custody and control of their child based on some official presumption that all grandparents are safe? What about a class action law suit against states who abuse authority under parens patriae? If I cannot prove what the state CANNOT do under this authority because it does not exist anywhere in writing, then how does any state prove what they CAN do under parens patriae because of the same reason: it is nowhere in written form? Return to the form.