| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 1/14/2010 10:13:08 AM Home School Legal Defense Association Washington: Bill Allows any Person to Petition for Visitation--Calls Needed |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== January 14, 2010 Washington: Bill Allows any Person to Petition for Visitation Rights--Calls Needed Dear HSLDA Members and Friends: The Washington legislature is at it again. This year another third party visitation bill has been introduced that will threaten parental rights. House Bill 2421 would allow any person who can show he had a substantial relationship with a child to petition the court for visitation rights. While the bill would presume that the decisions a fit parent makes is in the best interest of his or her children, a court could overrule the parent's decision to limit contact with the petitioner after a hearing. Under House Bill 2421 any single parent or married couple who are temporarily living apart (for instance, due to a job or financial reasons) could face the threat of a petition for third party visitation. There is no requirement under the bill that the petitioner be related in any way to the child in order to request visitation rights. House Bill 2421 should be strongly opposed as an attack on parental rights. Some of you may remember that similar bills have been introduced in the past few years, but with your calls they were defeated. We need your calls once again. Please immediately contact the legislators listed below and urge them to defeat this bill. There will be a work session on the bill in the Judiciary Committee today. ACTION REQUESTED: 1) Please call and email the House Judiciary Committee members listed below and give them this message in your own words: "Please oppose House Bill 2421. This bill interferes with a parent's fundamental right to direct the care, custody, and control of his or her children. No person, especially someone who is not related to the child, should be able to petition for visitation rights against the will of a fit parent. This bill should also be opposed because it will allow courts to determine visitation in situations where the family is still intact, jeopardizing family integrity. Please ensure that House Bill 2421 is defeated." Do not identify yourself as a homeschooler; instead you can identify yourself as a concerned parent and taxpayer. House Judiciary Committee Members Rep. Jamie Pedersen- Chair (D) Phone: (360) 786-7826 Email: http://www.hslda.org/elink.asp?id=7492 Rep. Roger Goodman - Vice Chair (D) Phone: (360) 786-7878 Email: http://www.hslda.org/elink.asp?id=7493 Rep. Jay Rodne (R) Phone: (360) 786-7852 Email: http://www.hslda.org/elink.asp?id=7494 Rep. Matt Shea (R) Phone: (360) 786-7984 Email: http://www.hslda.org/elink.asp?id=7495 Rep. Dennis Flannigan (D) Phone: (360) 786-7930 Email: http://www.hslda.org/elink.asp?id=7496 Rep. Troy Kelley (D) Phone: (360) 786-7890 Email: http://www.hslda.org/elink.asp?id=7497 Rep. Steve Kirby (D) Phone: (360) 786-7996 Email: http://www.hslda.org/elink.asp?id=7498 Rep. Charles Ross (R) Phone: (360) 786-7856 Email: http://www.hslda.org/elink.asp?id=7499 Rep. Judy Warnick (R) Phone: (360) 786-7932 Email: http://www.hslda.org/elink.asp?id=7500 2) Please call and email your state senator and give them this message in your own words: "Please oppose House Bill 2421. This bill interferes with a parent's fundamental right to direct the care, custody, and control of his children. No person, especially someone who is not related to the child, should be able to petition for visitation rights against the will of a fit parent. This bill should also be opposed because it will allow courts to determine visitation in situations where the family is still intact, jeopardizing family integrity. Please ensure that House Bill 2421 is defeated." Do not identify yourself as a homeschooler; instead you can identify yourself as a concerned parent and taxpayer. To find contact information for your state senator please go to HSLDA's Legislative Toolbox at http://www.hslda.org/toolbox and enter your ZIP code. BACKGROUND: Over the years, HSLDA has represented hundreds of member families in conflict with grandparents and other relatives who did not like homeschooling. These relatives would occasionally try to stop the homeschooling through various means, including turning the family over to child welfare services. Thankfully, most grandparents we come in contact with at HSLDA support homeschooling and in some situations even participate in the teaching. House Bill 2421 allows any third party to sue the parent for visitation. If this bill becomes law, a person could petition the court for visitation rights even when both parents are together. The bill does not limit visitation to situations when there is a pending dissolution, legal separation, or modification of a parenting plan proceeding as many other states do. On the surface this bill appears to protect parents' rights by acknowledging that the decision of a fit parent is presumed to be in the child's best interest. However, the petitioner is only required to demonstrate that he or she had a "significant relationship" with the child and that the child would likely suffer harm or substantial risk of harm if visitation with the third party is not awarded. Once this is demonstrated by clear and convincing evidence, the court can override the fit parent's decision to limit contact with that person. Additionally, House Bill 2421 allows "any person" to file a petition for visitation rights. Only half of the states allow "any person" to attempt to petition a court for visitation rights. Of these, four states, including Washington, have had state courts declare their statute unconstitutional either on its face or as applied. HLSDA is opposed to House Bill 2421 as it is an attack on the fundamental right of parents to direct the care, custody, and control of their child. Please call now and urge both the Judiciary Committee members and your state senator to oppose House Bill 2421. If you are not yet a member of HSLDA and would like to help us fight for greater homeschool freedom in Washington please visit http://www.hslda.org/join/apply.asp . If you would like to be put on our free email list to receive vital e-lerts you may sign up at https://secure.hslda.org/hslda/elert/account.asp?Process=Subscribe . Thank you for your part in fighting for parental freedom in Washington. Sincerely, Thomas Schmidt HSLDA Staff Attorney ---------------------------------------------------------------------- -> How many news articles did you read this morning over your oatmeal? We live in a world where concise information presented at the right time can make a big difference in the outcome of important legislative efforts. Yet it's tough to keep up with all the issues that affect you. HSLDA does this for you in the areas that affect your homeschool. Our emails and website enable you to take quick, decisive action. Please consider becoming a part of this team. More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1923 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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Thank you for your cooperation. ====================================================================== | |
