Showing posts with label child custody litigation. Show all posts
Showing posts with label child custody litigation. Show all posts

Thursday, April 16, 2015

The 5 Hour Energy SCAM and getting to Truth that benefit parent-child relationships and custody litigation

Today it is not my intention to keep you from getting ripped off by another unscrupulous corporation selling a magical elixir. That could be an added side benefit though. Rather, it is my purpose here to induce you to question the claims you hear, especially those which seem plausible. In doing this you should enhance your parent-child relationship and improve your outcome in child custody litigation.

Some deceptions are so readily accepted because of the ostensible claims obscuring the lie. Who would believe someone standing in an agora during the lunch hour proclaiming it to be midnight? If we are so fortunate enough as a society to have a populace sufficiently informed about the solar diurnal cycle and the associated timetable then it would be no one. But what if it is something for which the general population is not knowledgable? For instance, the biological processes involved in converting calories into energy for the human body. There are some people who believe that metabolism determines BMI although it is logically impossible and such claims have been resoundingly refuted by the medical community. It is this ignorance and misconceptions that foster the subreption upon which the crooks selling “5 Hour Energy” rely and which impede the emotional development of children.

Calories in food and beverages are combined with oxygen to release the energy your body needs to function. Thus, energy is merely the conversion of calories. For the body to expend energy it needs to take in calories otherwise it will consume body tissue to satisfy those needs. The body stores excess energy in the form of fat cells. The average person applies the majority of his or her caloric intake to the basal metabolic rate. That is the energy needed for thermo-regulation, cell repair and regeneration, adjusting hormone levels, as well as respiratory and circulatory functioning. Additional calorie burn takes place in conversion loss which is the digestive process.

To maximize energy a diet should consist primarily of simple carbohydrates. Foods should be cooked or pureed to assist in the digestive process. Although exercise and movement is the most variable element of calorie consumption it is not to be avoided. In addition to digestive assistance, calorie demand can be reduced by dressing so you do not chill and shedding unnecessary weight. The bodies of people who are larger burn more calories, even at rest. We know this intuitively when we carry a backpack or bookbag loaded down and feel the additional strain upon our muscular system which has to increase its energy consumption to move the load.

If you count on 5-Hour Energy drinks to provide you with your energy needs your are going to need deep pockets. Dietary supplement manufacturers aren't required by the Food and Drug Administration to prove that their products are safe or effective. Thus, Living Essentials, LLC -- the distributor of “5-Hour Energy” -- can, as they do, lie with impunity about their “dietary supplement.” This product would be more appropriately named 5-Minute Energy. That is because it provides enough energy for an average person to maintain a waking state of rest for five minutes.

To get the calories needed to maintain a typical human body for a 24 hour period one would need to consume about 6 gallons of “5-Hour Energy”. By comparison one could get the necessary calories by consuming four servings of rice and four servings of black beans. Although neither provides sufficient essential nutrients the rice and beans combined include protein, dietary fiber and some minerals while “5-Hour energy” contains only carbohydrates, added B vitamins and about 80 times the recommended daily allowance of sodium. The cost for the rice and beans is about $1. The cost of getting the energy equivalent from “5-Hour Energy” is . . . a staggering $800 when purchased in bulk. That is over $250,000 per year.

Always view factual claims with caution and skepticism. Keep in mind that it was once a “fact” that the earth was flat. However, through the application of reason and logic such an absurdity was refuted. As the use of reason and logic continue to gain acceptance and long held ‘truths’ are discarded the charlatans who perpetuate falsehoods will be exposed as not credible. You don’t want your child to be the one who views you as not credible. Name the person who went cross-eyed from sitting too close to the television. You can’t because it never happened. There are many parents out there who lost credibility over that and similar issues. Likewise children come to learn truths about Santa Claus and other mystical tools of manipulation.

My son is secure in knowing that there is one person in this world upon whom he can depend without question or hesitation. That is the person who told him at age three years that there was no Santa Claus, that it was all a big lie, that regardless of the ubiquity of the falsehood it remained just that - a lie. Over the years one person kept repeating Truth to him and as he grew old others stopped acquiescing the lie. I was that stalwart from the first day. I am the person in whom he seeks counsel, reassurance, and security because I demonstrated integrity to him. Yet because of the ubiquity of some falsehoods and credulity of those who profess honesty even they will still perpetuate falsehoods such as the Declaration of Independence was signed on 04 July 1776.

Integral to the healthy development of a child is that he or she has a patient, dependable, and honest parent. I am not saying that a child custody decision will hinge upon which parent takes the stand and proudly proclaims “I told the children there is no Santa Claus.” Rather, it is the demonstration that a parent’s actions are child centered. The strong rebuke that drug abusing parents receive in court is not because of the drug use. Courts have often imposed orders and admonished parents that they can get all messed up if they wish, unless the children are under their care and control. This is not based upon lack of legal authority. Nor is this because of what may appear to be the self-evident need for a parent to be in control of his or her mental faculties when supervising children. The need for parents to be cognizant and sober around children is so that the children are assured that they have a dependable person available to facilitate their needs. When children fear that a parent will leave, be jailed, hospitalized, or die they suffer mental and physical ailments across the anxiety spectrum. There is a misconception that the prevalence of childhood anxiety is the result of pressure to succeed. The reality is that it is based upon the fear of abandonment. That one parent may already be gone and the other may leave or be taken away. Additionally, there is the fear of not fulfilling a parents’ concept of success and that the parent will emotionally abandon a child with less-than-acceptable performance levels. If you have ever seen a child athlete vomit preceding a competition then you have been exposed to this performance anxiety which is most often founded upon the expectations of a parent.

Examine your actions from a child centered perspective. Does using “5 Hour Energy” demonstrate integrity? Absolutely not. Rather it demonstrates credulity and more precisely a lack of intelligence because the energy level of about five minutes is clearly indicated on the label. How can a child be assured that a parent who can’t do something as simple as read the calorie content of a “food” label will provide housing, food, proper guidance, and stability? If your actions are consistent with integrity and fostering trust your parent-child relationship, along with the emotional health of your children, will benefit.

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Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.

Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.

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©2008, 2015 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.

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Saturday, November 9, 2013

Coal Powered Cars: A child custody litigation analogy

09 November 2013

I have most recently completed my 500th blog posting. This was bookend by two seminars the prior day; Chinese criminal law and, skepticism of organized religion/cult dogma. Then after its writing a meeting with a prominent child advocate to work on a proposal for healthier school environments. So with that to produce my latest ramblings I am resigned to let my thoughts flow freely without the constraints of exhaustive research. I have chosen for this exercise the fun topic of coal powered vehicles and how an analysis of their liturgy based marketing provides a model by which to examine child custody litigation.

In that you may not be aware of the coal powered vehicles which are gaining status as trend-setters then, in a manner, General Motors and Toyota have failed in their awareness efforts. Contrarily maybe it is that they have succeeded in that you are not aware. In that you may be picturing a Stanley Steamer in your mind, they have.

To most people, opinion matters. Mannerisms, attire, place of residence, liturgical practices and, to a large extent, a Facebook page are all influencers that are tailored to project a public persona. In our modern social atmosphere it is a rarity to find an individual propounding the virtues of burning fossil fuels. It is actually quite fashionable to make overt displays of one's absolution of such. To harangue those who make opulent displays of their wanton disregard for such conservation efforts is now lauded. The subtle hypocrisies evident is some exchanges is worth noting – condemning those who engage in the action for which you deplore while a proxy does so.

A dog by any other name is still a dog. It's our collective peccadillo of laziness that allows acceptance of the various nomenclature obscuring true being. Look not to the name to identify what something is. Rather, seek to evoke its essence first. Then identify what it is. That failure is what allows some people – most – to believe that the power to run an electric car is produced from electricity. However, electricity is no more the fuel used to produce power for a car than an Oreo is the seed to grow cookies. Coal, natural gas, nuclear, hydro, and non-hydro renewables are the sources for nearly all electricity produced in the United States. Coal is the greatest source accounting for about 40% and then the others are in descending order. In industrializing countries like China, coal is used for electricity production at a much higher rate.

Thus, an electric car does not derive its energy from electricity – the store for its direct output – but rather it is the source of energy for the production of electricity that provides the power to an electric vehicle. About 90% of the energy an electric car uses is coal, natural gas, and nuclear – turbine fuels. That is what General Motors and Toyota are not going to show. Imagine for a moment that commercials were based upon the concept of providing a truthful depiction of a product. Their electric cars would appear to be personal sized steam locomotives shown with a smokestack belching out coal soot while driving past a fracking operation. As the commercial closes the view pans across a cooling tower at a nuclear power plant while the voice-over promotes the virtue of an electric powered vehicle - “electric cars: the power of fossil fuels with the consequences in the backyard of someone else.”

Pitch that idea to an automaker and watch it go the route of the pictures of drivers decapitated by factory installed seat belts. [oh! You haven't seen those?] Child custody proceedings are no less a platform for the marketing guru than is the video screen. Attorneys and their advisers attempt the craft of persuasion using the power of preconceptions that an abjectly neutral vernacular with its implicit biases can evoke. A parent who has spent hours “educating the child at home” is to be commended – unless it is revealed that the basis of such an education is rooted in the production and distribution of illicit drugs. Likewise, spending “quality time” with the child is a noble and ignominious goal. This direct contradiction can be explained in the qualifier of such time – quality. Quality is a neutral word which is defined as the features which make something what it is. Thus the quality can be of utmost superiority or it can reflect the poorest of craftsmanship.

Those are just two examples of the semantics I use which can have an impact on a child custody proceeding. It is imperative that a practitioner master the use of language to project the better features of his client while at the same time recognizing the triggers that mandate a further examination of the opposing party. The ends justify the means. Courts of law are not a forum in which to express brutal honesty. Don't get defeated by a romantic view of the noble judiciary as a marketplace where the pedant practitioner reveals the truth which produces the just and moral outcome.

Again, what something is said to be does not always make it be. Knowing when a term avoids essence or reflects it may make the difference in a parent-child relationship.

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Make a suggestion for me to write about.


Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.

Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.

View Stuart Showalter's profile on LinkedIn



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©2008, 2013 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.

StuartShowalter.com

Monday, October 7, 2013

Are you hearing what is being said?

07 October 2013

I often bring up the distinction between hearing and listening. It is an important distinction. In the courtroom it can make the difference between presenting your position in a cogent manner or providing a non-responsive oratory that bewilders observers.

Over the weekend I was exposed to a commercial by Life Alert. I intentionally use the word 'expose' in reference to commercials because I view them in the context of a pathogen – that they infect our brains and can have a malignant impact. Life Alert is the company that offers the communication device made famous through the “Help I've fallen and I can't get up commercials.” Their latest marketing campaign tempers that previous oft ridiculed scenario. The current advertisement includes the tag line “We save a life every 11 minutes.”

I found that claim to be both a curiosity and alarming. I first wondered what is their distinction between providing life saving assistance and that which would not have resulted in death had it not been rendered. The scenario in this recent commercial is of an elderly lady who has fallen simply asking the Life Alert operator to notify a neighbor of the situation.

What I find alarming is the consistent frequency with which life saving assistance is provided. In the physics sense the assistance is provided in a wave structure with peaks and troughs. Daily life doesn't function in such a manner in the immediate sense although when spread out over vast periods such occurrences may exhibit a wave structure. Imagine an earthquake striking an area inhabited by Life Alert customers. If just 11 of them seek life saving assistance it could be a two hour wait [11 interactions at 11 minute intervals] for that one incident by Life Alert's own admission. That is not a wait that I would find acceptable for a relative in a life threatening situation.

The agency hired by Life Alert to promote their service had a daunting task – to promote the service provided that must include a substantial wait. To even know and state that service is provided on a regular and continuing basis as to be able to build an advertising campaign around means the que for service must be extensive. I am guessing at a full day or more.

Action is based upon perception. Perception is a result of the interpretation of a message -- input stimuli. This is clearly observable from the opinions about and illicit drug by high school seniors. While 9% perceive a danger from alcohol use 70% have a lifetime usage. Conversely there is a 60% perception that heroin is dangerous while lifetime usage is 1%. In short, perception matters. Marketing professionals have been very successful at conveying an image that alcohol does not have a risk of danger but is instead an incubator of good times and good feelings.

If you failed to hear the message that there may be a substantial lag in Life Alert providing life saving assistance then you are likely allowing your perception to be skewed by conditioning just as the high school students have about alcohol. That is, you have been taught to make assumptions about what you hear, often using visual images, not to properly interpret what is actually said. Life Alert accomplished this by showing a caller getting immediate assistance for a non life threatening event while still stating life saving assistance may only come after a significant wait. This is important in daily life and should justify your added attention. In child custody proceedings it is imperative that you or your attorney hear and respond to what is being said rather than assumptions as law does not allow for that. In fact, to be enforceable a court order must be “clear and unambiguous”.

If you want to be sure that your child custody case is effectively litigated then please visit my website and contact my scheduler to make an appointment to meet with me. There is no charge for initial attorney consultations.

If you would like to follow my activities more closely then send a friend request to my Political FaceBook page.

Subscribe to this blawg.

More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.

©2008, 2013 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.

Tuesday, August 20, 2013

Common Core, Location and the Best Interest of Your Children

09 August 2013

Earlier this week I sat amongst our legislators in the large, comfy swivels chairs in the Senate Chambers listening to testimony about Common Core. The interim study committee on Common Core met for the first of three sessions to decide if it will recommend that Indiana adopt the Common Core standards for student achievement in Indiana.

While the purported intent of Common Core is to elevate student achievement throughout the United States by implementing the standards common to the countries with the highest student achievement – those in the Pacific Rim – no such common curriculum exist. The Common Core standards that have been established and adopted by 46 other states fall short of those of those of the successful Pacific Rim countries. Even if Indiana adopted the Common Core standards and even if the standards were consistent with those of the highest achieving students we would still not meet the level of achievement attained by those along the Pacific Rim. There is one underlying reason for this which in the most basic form is well known to realtors – location, location, location.

I live in a location that stands in stark contrast to that of the Pacific Rim. It's not noticed only by me. When my son, Therin, arrived for the summer this year we met near Butler University and eventually rode our bikes from there through Carmel, Zionsville, Whitestown and then arriving in Lebanon. Therin quickly pronounced that the people in Lebanon are slow – mentally. It's the same observation that I make on a regular basis just as I did after riding to Zionsville on Tuesday. As soon as I passed the Whitestown exit just south of Lebanon I noticed it. When I relayed the story of Therin's observation to my sister – a Chicago area resident – she immediately responded by saying that every time she comes down to Indy she notices it as soon as she passes Lafayette. Lebanon, Indiana and the immediate surrounding area is a dearth of human intellect and cognitive functioning on a massive scale. It's not from a lack of resources or opportunity though.

Lebanon, Indiana has a sufficient public school system, an extensive public library and ample internet access. So why are the residents only exceeded by nearby Thorntown when it comes to deficiencies in intelligence and brain functioning? The answer is location just as the realtors harken but not based upon any geological factors.

The reason is a human factor. Separate identical twin children born in contemporary Lebanon or Thorntown by moving one to the Pacific Rim and leaving the other to be reared here. I guarantee that the child raised in Asia as a reflection of the norm of both communities will be more intelligent and have higher cognitive functioning. In short, the child raised in Asia will have a brain hardwired in a superior manner to his sibling left behind. This is because children learn through observation - their environment is the passive teacher.

This is what proponents of Common Core have failed to observe or realize. Intelligence and cognitive functioning are not hereditary traits waiting to be released through training consistent with a rigorous standard. Instead these have a hereditary foundation but are developed environmentally. The environment in the Pacific rim is one of the pursuit of knowledge, learning and personal development. This is contrasted by the Homer Simpson environment of the other Boone County – the area outside of Zionsville.

The families that I know in those countries or who have immigrated here reflect the culture of learning and personal improvement that lead to their intellectual supremacy. From a child development perspective it is stimulation. Stimulation that comes from exposure to situations that challenge the higher level functioning of the developing brain as well as inducing logical thought processes.

So as a parent – especially one engaged in a custody dispute – it is not enough to select a location, school system or interactive toy. What will serve the best interest of your children is providing a safe, secure, enriching environment that fosters intellectual exploration and cognitive development. Some communities make that readily available while others make providing these necessities more of a challenge.

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Make a suggestion for me to write about.


Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.

Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.

View Stuart Showalter's profile on LinkedIn



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* indicates required
©2008, 2013 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.

StuartShowalter.com ©2008, 2013 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.

Saturday, April 6, 2013

It's time to give up all Hope

I caution my coaching partners to “abandon all hope” stating that hope is the enemy of peace of mind just as is fear. Instead I ask that they focus on attaining future opportunities to fulfill their desires.

The OED defines hope as entertaining expectations of something desired. Literary examples allude to desires of anticipation which are contingent upon the actions of others. Essentially hope is having a desire, expecting that the desire will be fulfilled and removing yourself from the process or control aspects of fulfillment.

People hope for a wide array of outcomes. Everything from getting a raise to it not raining this weekend. The fallacy of hope can lead to almost certain disappointment. Feeling the increasing northern breeze descending upon the hot, muggy autumn air tells the meteorological astute that rain is a near certain in the immediate future. To expect otherwise and make a desire of it is an absurdity that is likely to leave one feeling disappointed or unfulfilled.

When applied to the child custody rulings that guide the relationships between so many parents and children now, having hope is not only neglecting responsibility but building the case for a major let down. I am often asked what I expect the judge's decision to be. Through numerous interactions I have insight into the minds of many judges but just as with jurors the only decision I expect is the one based upon the evidence presented and the law coupled with biases that aren't set aside.

This is where I apply the axiom that hope is the enemy of peace of mind. In child custody matters it is not the judge who makes a decision. The parents make the decisions. The judge hears and weighs the evidence, applies the law and issues a ruling.

With this perspective in mind, give up hope. Expecting your desires to be fulfilled at the whim of someone else is absolving yourself from responsibility for the outcome and positioning yourself for disappointment.

If you would like to take a more active role in your future, that of your children and your relationship with them then please visit my website and contact my scheduler to make an appointment to meet with me.

If you would like to follow my activities more closely then send a friend request to my Political FaceBook page.

Subscribe to this blawg.

More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.

©2008, 2013 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.