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Father's Rights; Another Myth in the United States

SUNDAY MARCH 16 2008 7:35 AM

Submitted by DevilsReject. Edited By Sean.

TAGS: Children, Fathers, Single Parents, Dad

On October 16, 1999, at 12:58 in the afternoon, my life had changed, forever. After rushing my wife at the time to the local emergency room, her water broken, she finally gave birth to my daughter after 21 hours of labor.

I was an emotional mess. Watching the birth of my daughter had to be one of the most humbling moments of my life. Feelings of joy, seeing all ten fingers, and all ten toes, overwhelming feelings of love, and fear for her future and how I was going to provide for her had overtaken me.

I then decided it was my time to exit this marriage due to many personal and viable reasons. I stayed in it because I know how Father's Rights are an outright myth in Family Court. I had decided to go after full custody of my daughter. I filed for emergency custody and had custody of my daughter within a week of leaving my ex-wife.

I really had underestimated what I was in for. My custody battle lasted 3 and a half years in the Family Court System.

A large number of children are ordered to see a child psychologist when divorce is filed. Counselors and psychologists are encouraged by our system to give bad reports against a father. Fathers are automatically presumed capable of abuse before any mother.



I personally was made out to be just short of a rapist/serial killer/child molesting/psycho by my ex-wife. The State of Ohio immediately looked down upon me and took her side, simply by her allegations. I wasn't battling against just my ex-wife. I was battling against the Court System's natural bias against fathers, and the idea that if the mother says it, it must be true. I was struggling to prove myself innocent, even though there was absolutely no truth to the allegations.

I dealt with lawyers telling me that father's aren't the best parent, I dealt with judges saying the same thing, I dealt with an inept Child Cervices program telling me that I was using my daughter to hurt my ex-wife, simply because I wanted custody of her.

I got do deal with things like Child Services agents that would call her ahead of time, arrange a time to come to her house and view her parental skills. The ex-wife could manage to make herself look golden in that time. Meanwhile, they just dropped by my house anytime they wanted, unannounced.

Finally, after 3 and a half years my custody battle came to an end. Why you ask? Did the court system and child services investigate to prove who the better parent was? Did they spend hours upon hours with each parent to find the truth in who my daughter belonged with?

No. What it came down to is that my ex-wife wanted to re-marry. My lawyer was smart enough to write in the legal documentation that divorce wasn't granted until custody was decided. I didn't plan on giving up my crusade for custody of my daughter so that my ex-wife could get re-married. She finally folded and signed custody over to me.

I went from a rapist/serial killer/child molesting/psycho to a suitable father within the time it took for her to sign her name on a piece of paper. The courts didn't question it once, child services never piped up and said anything. It was just okay because she signed over custodial rights. I spent a lot of time, and money, to prove that I was the better parent and to defend myself against all the false allegations she made. It was all a moot point, she signed over custody, they didn't care if I was the better parent, they didn't care if I was a rapist/serial killer/child molesting/psycho, she signed the piece of paper.

I did it though, I beat the odds.

An Ohio study published in Family Advocate found that fathers seeking sole custody obtain it in less than 10% of cases, and a Utah study conducted over 23 years found similar results. According to the 2000 Census Bureau report, mothers comprise 85% of all custodial parents.



In an era when a person's actions are blamed on the lack of a father figure in a child's life, the Family Court system is doing just about everything it can to force a father away from his child.

The presence (or absence) of a father in a child's life is one of the largest factors in predicting whether a child will graduate high school, attend college, become involved in crime or drugs, or get pregnant before age 18. The greatest and least recognized force behind America's epidemic of fatherlessness is the way courts allow custodial mothers to drive fathers out of their children's lives.



This is an important issue to me in the upcoming election. Once you live something it kind of has this way of sticking with you, and you want to hear what the candidates have to say.

When John McCain was questioned about Father's Rights, this was his response:

"I'm sorry to disappoint you, I am not going to overturn divorce court decisions. That's why we have courts and that's why people go to court and get a divorce. If I as President of the United States said this decision has to be overturned without the proper appeals process then I would be disturbing our entire system of government... But for me to stand here before all these people and say that I'm going declare divorces invalid because someone feels that they weren't treated fairly in court, we are getting into a, uh, uh, tar baby of enormous proportions."



Wait. What? "Tar baby of enormous proportions". Who the hell says something like that and doesn't expect to offend someone. He later apologized for this statement. Well. Not the entire statement which basically amounts to "I am sorry our Family court system is all Asshole Fuckfaced up, get bent". He apologized because he said "Tar baby".

Barack Obama has introduced legislation to give men the chance to do the right thing, making it easier to be a responsible father.

Congress can make it easier for those who make that responsible choice—and make it harder for those who avoid it. This legislation will provide support for fathers who are trying to do the right thing in making child-support payments by providing them with job training and job opportunities......



Great. I am happy that he is making it easier for men to pay child support that they should be paying anyway. But what about us guys that have full custody and have mothers that don't pay child support? What about my rights as a father in Family Court? This bill is falling under great criticism amongst Father's Rights Advocates.

Finally we can't forget Hillary Clinton

Hillary will restore funding for child support enforcement to make sure that fathers do their part to support their children. But she will also reward responsible fatherhood by ensuring that every dollar of child support payments directly benefits children and expanding the EITC to give fathers more economic opportunities to do right by their kids.



Once again, more talk of making it easier to for the man to pay child support, but nothing of a Father's Rights in the Family Court system. Hillary also has some skeletons in her family tree when it comes to late child support payments.

What about Single Fathers who want to raise their child and be a part of their life? There are 2.5 million of us. 740,000 of us go without Child Support. The issue of Father's Rights in a biased court system seems to go undetected.

As a single father, I worry daily that my right as a single father may be taken away from me. That if the ex-wife decides that at some point she wants custody back, she can simply point a finger and make a false allegation, and Ohio's Court system will back her, just because she is "the better parent" according to their archaic views. I honestly think I would be back at square one.

This subject is extremely hard to research. Much like any other topic, it has it's extremists. Exploiting sexism, race and all the other things that really don't matter. I read such wonderful things as Hillary Clinton being in office would abominate any chances of Father's Rights because she is a woman. I also read such wonderful things as Barack Obama being being a black male will affect Father's rights. The subject is extremely heated, and with any heated subject, the morons seem to be the loudest.

I have personally lived this subject, and unfortunately I will tell you that at least in Ohio, a father who is going after full custody of his child is fighting an up hill battle, long before the first court date. It took me almost a month just to find a lawyer that would take the case and fight it rather than just attempt to get my child support payments as low as possible and accept defeat before I started.

I cringe when I hear of another deadbeat parent avoiding responsibility, especially when it's a father. This does absolutely nothing for the cause of father's who actually want to be a part of their child's life. I just wish that mentality that all men are incapable of taking care of children wouldn't carry over into a court system that should be unbiased, that should be concerned about what is in the best interest of the child, not about whether the custodial parent has a penis or not.

Family Courts in every state need an overhaul. The archaic thought process of the court system is outdated. We have a failing child support program on our hands, we have thousands of single parents going without justified child support payments because Family Courts and Child Services can't do their job correctly. I am sure there are many single mothers that can add their own horror story to this topic. Something definitely needs to be done to enhance this process, it's not going to get better on it's own.

DevilsReject has watched Finding Nemo approximately 1,562.75 times with his daughter and is looking forward to the next 1,562.75 times

 

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Innocent_Sid

Innocent_Sid

Providence, RI
June 2007

MAR 16, 2008 08:11 AM


Wait. What? "Tar baby of enormous proportions". Who the hell says something like that and doesn't expect to offend someone. He later apologized for this statement. Well. Not the entire statement which basically amounts to "I am sorry our Family court system is all Asshole Fuckfaced up, get bent". He apologized because he said "Tar baby".



He was only taken to task for the "tar baby" part of the comment. Politicians only apologize for those things that the media or citizens complain about, not the totality of their stupid comments.

By the way, congratulations on getting custody.

DhD_No_Pants

DhD_No_Pants

Katy, TX
May 2006

MAR 16, 2008 08:15 AM

The issue of father's rights is extremely disappointing to me. So many times I see kids living with mothers, when they would have had a better life if the court had given the father custody.

NikkiIs

NikkiIs

Drexel, MO
April 2005

MAR 16, 2008 08:46 AM

I know of a situation that took place in Colorado several years back. The mother was serving 5 years for assault and drug dealing, the father owned his own business, made good money, and owned his own home. Of course the Mom got full custody.

My husband was a bit luckier. The mother of his son did everything in her power to prove what an unfit mother she was. Three different child support claims in three different counties (Which to this day if she ever tries to get child support she'll be arrested for fraud), living on welfare in a house Family Services nearly condemned, missing court date after court date, and when she did show up in court she looked like she just finished her shift working the corner. In the end what it came down too was the Judge felt my stepson was better off with my husband, the state of Colorado didn't need another mouth on welfare, and if the mother ever felt like cleaning up her act the Courts would revisit the case.

That was ten years ago. The funny thing is my husband and his family spent many years helping the mother out to get to the point of Joint Custody they are at now. In fact she was one of my bridesmaids, she is now married and has three more lovely children, a career, owns her own home and is very thankful for what has been done for her, and even though he is a 16 year old pain in the ass, I think my stepson is better off having both parents raise him.

TheFox

TheFox

Carrboro, NC
February 2006

MAR 16, 2008 08:54 AM

I agree with you completely. I would have loved to have had my father in my life... my mom even moved several times without telling him where we were. Luckily, he found us.

My mother spent child support on booze and cigarettes. We were evicted twice. It was just an all-around messy situation. My father didn't even bother fighting for custody when they divorced because he didn't want to put us through that and he knew he would lose. He just stayed as involved as she would let him, and tried his best to make sure we were clothed and fed.

And that's just not the way it should work.

MrCrisp

MrCrisp

Charleston, SC
August 2004

MAR 16, 2008 09:36 AM

very, very good article and an excellent critique of the currently flawed system. i would love to see bitch_phd's response.

PointBlank

PointBlank

New York, NY
November 2004

MAR 16, 2008 09:47 AM

Linking to Glenn Sacks to back up an argument like this isn't biased at all. Nor is a cite called "fathermag.com"

Varuka_Salt

Varuka_Salt

I'm lost
October 2006

MAR 16, 2008 10:12 AM

MrCrisp said:
very, very good article and an excellent critique of the currently flawed system. i would love to see bitch_phd's response.



I would definitely NOT like to hear it. There's enough trolls around these days as it is.

Subrosa

Subrosa

San Francisco, CA
July 2004

MAR 16, 2008 10:25 AM

This subject is extremely hard to research. Much like any other topic, it has it's extremists. Exploiting sexism, race and all the other things that really don't matter. I read such wonderful things as Hillary Clinton being in office would abominate any chances of Father's Rights because she is a woman. I also read such wonderful things as Barack Obama being being a black male will affect Father's rights. The subject is extremely heated, and with any heated subject, the morons seem to be the loudest.


That may be true, but it doesn't excuse you basing your research upon such morons.

Your first link, fathermag.com, doesn't exactly scream objectivity. Here's a small smattering of bias just from the article you linked.

Shame on all those women of the 1990's who now use these laws to their advantage in family courts to bring men to their knees; and to erase fathers from the lives of their children! False allegations by women of child abuse, domestic violence, and stalking are almost never questioned by judges for fear of being politically incorrect.
...
Women have become educated in the ways of our legal system. A new study purports women are filing 70% of divorces today. The first person to file usually wins. The unfortunate person against whom false allegations are charged must prove their innocence while a plaintiff proves nothing. As a paralegal and a woman, I am no longer proud of those of female gender who abuse our legal system.


Not to mention the completely un-cited and illogical claims the article makes.

Should a husband make the mistake of remarrying, further angering his ex-wife, a second wife's income is used as "a way to show ability to pay." The mother of their children, on the other hand, can marry another man. The "other man's" income is never used to lower child support. Court's rationale - "they are not his children, not his responsibility." Since when did a mother bear no responsibility for her children?


(the mother is not the issue here.)

I know of a man who was falsely accused of child sexual abuse. By the time he was found innocent, he lost his job, his reputation, and everything he owned. Recent statistics do show women are becoming our primary child abusers, and yes, even killers of our children. Yet our Family Courts consistently believe, "the mother always makes the best parent."


(Uhhh, citation?)

I was not able to access your link from glennslacks.com. Are you sure that's the correct URL? The quote you gave me doesn't give me much hope that it's unlike the last one.

An Ohio study published in Family Advocate found that fathers seeking sole custody obtain it in less than 10% of cases, and a Utah study conducted over 23 years found similar results. According to the 2000 Census Bureau report, mothers comprise 85% of all custodial parents.


Lies, damned lies and statistics. As I'm sure you well know, in many states (Including Ohio) there are several different types of custody. There's sole physical custody. There's joint physical custody. There's sole legal custody, and there's joint legal custody. The difference between these is explained here. (Note that's a New Hampshire site, but the information is pretty applicable to other states). The statistic about women compromising 85% of custodial parents above ignores that. It also asserts that fathers seeking sole custody obtain it in less than 10% of cases. Assuming that means sole legal and physical custody, what it does not mention is that awarding sole legal and physical custody is disfavored by courts in general. If both parents are willing and able to do it, they will rarely award it. It also ignores the flat statistical realities of the situation. Women are more likely to contest an award of sole custody than men.

So, I'll reserve full judgment here on whether the glennslacks.com link is worthwhile, but I have my deep suspicions. Regardless, you could have chosen to focus your research on more credible sources. Here is one. This one is clearly slanted towards fathers, but it at least cites its studies. There are others out there.

It should also be noted that child support and child support enforcement laws (such as the ones proposed by Obama and Clinton above) are written to be gender-neutral. They may not be enforced with the same vigor against women as they are men, but part of that is because men are more unlikely to complain about not receiving child support. Regardless, if you are owed child support and have not received it, you have the same legal rights (at least in theory) as a custodial mother would.

I'm sorry that you had a difficult divorce and child custody situation. I have no doubt that it was acrimonious and unpleasant. Most divorces (especially divorces with children) are. It's certainly true that many courts in many jurisdictions are more skeptical of paternal custodian rights than they are maternal. That is not the way it is meant to be, and that's unfortunate. It should be noted that the topic of Family Law is not at all standardized across the 50 states. Every state has wildly different laws and presumptions. Your experience may have been different somewhere else. It may not have been, but it's worth mentioning. Regardless, in my experience, the topic of "Father's Rights" is generally a front for not-so-veiled sexism and backlash against egalitarian feminist gains. I'm not saying that's what you're doing here, but that one website you cited to certainly was.

(Finally, if you're going to casually mention that Hillary Clinton has skeletons in her closet with late child support payments, you should really, really cite to something like that. I assume you mean her brother and that's fine, but that kind of allegation can be unfairly dangerous and damaging without support. Just a tip from one writer to another.)

PointBlank

PointBlank

New York, NY
November 2004

MAR 16, 2008 10:48 AM

^^^^Exactly. I wonder if anyone actually clicked on any of the links. Fathermag.com and Glenn Sack are just about as biased as you can get.

Subrosa

Subrosa

San Francisco, CA
July 2004

MAR 16, 2008 10:57 AM

PointBlank said:
^^^^Exactly. I wonder if anyone actually clicked on any of the links. Fathermag.com and Glenn Sack are just about as biased as you can get.



Oh, it's Glenn Sacks not Slacks. I guess his website is down. I've never heard of the guy, but just googled him. Seems like a real winner.

willam9

willam9

Philadelphia, PA
January 2008

MAR 16, 2008 12:43 PM

the waters seem to be very muddied here considering the variability of custody laws across states and the different degrees and types of custody. is there a federal agency that compiles data on this topic? that would seem like the least biased source.

i'm glad that things worked out for you and your daughter since i would assume that the fact your ex was willing to sign away sole custody simply so she could remarry was a sign of her maternal fitness. however, its difficult to be objective when only hearing one side which is probably the way many of these stories are presented.

also, i am by no means supporting john mccain but i read the article you linked to and it would seem to me (and subrosa will tell me if i'm wrong) that he was simply stating a position that reflected a belief in maintaining the separation of powers. the president has no place overturning a family court decision or any judicial decision, for that matter. as i understand it, if the people don't like a final court decision it is up to the legislature not the executive branch to amend the law.

JekyllAndHyde

JekyllAndHyde

Nottingham, MD
April 2005

MAR 16, 2008 06:02 PM

Before my dad met my mom, he had two adopted kids with a woman who was mentally unstable (paranoid, delusional, and incredibly short-tempered, not to mention I think borderline schizophrenic) and on more than once occasion hit both kids. My dad never hit me a day in his life and both my brother and sister now say he was a great parent. But the court at the time didn't manage to see it, and gave custory rights to the crazy mother, who eventually followed her cue and proceeded to have a breakdown. My brother then came to live with my dad and his new wife, my mom, but my sister stayed with her mom.

I don't know enough about the whole thing to make an educated statement on the issue as a whole, but I know my father doesn't have much love for this system.

emotedcreations

emotedcreations

Germany
July 2006

MAR 16, 2008 07:16 PM

Subrosa has raised legitimate complaints, but I also feel that you are a great person DR. I wish more fathers would fight for the rights of their children. You definitely have my respect, not that you ever haven't. For whatever reason, I've been aware of this problem you've had for a long time, and I have a lot of respect for your fight and the fact that you've made it public. We can't all be perfect scholars, but we can be warriors. You've got my respect. Thanks for the article.

thefreak

thefreak

NEWSWIRE

Gardner, MA

MAR 16, 2008 09:46 PM

You're a good guy, and a good father. And I agree that there's a long way to go before fathers can be on truly equal footing in the legal sense. And that's just sad.

-TM

thefreak

thefreak

NEWSWIRE

Gardner, MA

MAR 16, 2008 10:24 PM

Subrosa said:

An Ohio study published in Family Advocate found that fathers seeking sole custody obtain it in less than 10% of cases, and a Utah study conducted over 23 years found similar results. According to the 2000 Census Bureau report, mothers comprise 85% of all custodial parents.


Lies, damned lies and statistics.


Lets see if I can help out here.

Accoring to the official Census site:

As of spring 1998, an estimated 14.0 million parents had custody of 22.9 million children under 21 years of age whose other parent lived elsewhere; 85 percent of these parents were mothers.


The report presents data on parents who have custody of their children when the other parent is absent from the home. It focuses on the child support income received by custodial parents with current awards, as well as some provisions of those awards, such as visitation, joint custody and health insurance.


As for 10% of fathers getting custody, the article doesn't say when the study in question was done, but I found this (it's in PDF), courtesy of the Monthly Vital Statistics Report from the Centers for Disease Control, which, indeed, in '89 and '90, fathers got custody around 10% of the time. And yes, "joint" was counted separately. I've yet to find a more recent report, as the site only went up to '97, and I couldn't find the pertinent info.

Also, this little tidbit is courtesy of the Health & Human Services site, just because:

Worker bias against father involvement appears to be the most widely researched barrier to fathers' participation in child welfare case planning. A 1990 review of five major social work journals over a 27-year period found, for example, that the literature available on fathers primarily concentrated on the negative elements of fathering. Three views of fathers emerged %u2014 fathers who were perpetrators of abuse or neglect, fathers who were missing and needed, and single-parent fathers (Greif & Bailey, 1990). Several studies have examined the extent of case worker bias against involving birth fathers in case planning, but most were conducted prior to the growth of policy interest in fathers (Dailey, 1980; Fischer, Dulaney, Hudak, & Zivotofsky, 1976; Jaffe, Lamb, & Sagi, 1983). A more recent study conducted in Salt Lake City, Utah found that workers primarily orient their services to mothers , and this pattern is true regardless of the gender of the case worker (Lazar, Sagi, & Fraser, 1991).


So, "damned lies and statistics?" Hardly.

-TM

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