![Add Us To Your Desktop!](http://www.seeyouagainshortcut.com/images/syas_horizontal.gif)
Parent's
Judicial Voting Guide from ACFC & Childsbestinterest.org
NEW!
Look for LIVE HELP throughout the site!
![](http://hc2.humanclick.com/hc/36516896/?cmd=repstate&site=36516896&category=en;bravenet;2&ver=1)
If an SFM staff member is online, you
can get the help you need live! Thanks to Human Click, you
can enter a chat help session with any online staffer with one click.
If not, you will be prompted to leave a message... which will be
answered within 24 hours! We're glad you're here!
|
![](http://www.onresponse.com/banners/esylvan1_120x60.gif)
![](http://www.onresponse.com/banners/childsafe1_125%20x%20125.gif)
![](http://images.amazon.com/images/P/0316109967.01.MZZZZZZZ.jpg)
![](http://images.amazon.com/images/P/0028610873.01.MZZZZZZZ.jpg)
|
|
Gender Bias Still Exists
![](index.1.jpg)
Gender bias still exists today, and this time it isn't
against women.
Gender bias is alive and well when it comes to divorce and fathers
being granted custody of their children. Because gender bias in child
custody situations is so deeply entrenched in our society and our
court systems, we haven't heard too much about it. This is slowly
changing as our attitudes towards parenting change also. In today's
culture, we see more and more fathers not only taking a more active
role in their children's lives after divorce, we see more and more
being granted the physical custody of their children. The Internet is
filled with stories and information from fathers who have either been
denied custody or who are fighting just to see their children on a
regular basis. Though some are breaking ground and winning, there is
still a long way to go.
History
The societal and legal history of child custody determinations began
in Rome. In those days wives and children were considered the property
of the father. Even if the father died, the mother could still not
have custody of her children (Kelly 121). This patriarchal viewpoint
continued under English law where husbands and fathers had absolute
power over their wives and children.
Changes began in English law when an English lawyer named Thomas Noon
Talfourd authored a law under the British Act of 1839 that was called
the "tender years" (Kelly 122) law. It granted mothers custody of
children under the age of seven. After that the custody was given to
fathers and the mothers may get visitation rights (Kelly 122, McNeely
3).
In early America, this English system carried over into American laws.
In the seventeenth and eighteenth centuries, the American legal system
was patriarchal and in divorces, custody was almost always granted to
the father. Legal and societal viewpoints began to change by the
nineteenth century. Some states started passing laws that gave parents
equal custody of their children (Kelly 122).
After the Civil War, the Industrial Revolution began. During this time
major changes started happening in divorce and custody laws. Fathers
began to leave home in droves to work in the cities. When farming was
the major industry, fathers lived at home and had absolute control
over their children. Mothers, fathers and children all worked the
farms together. When fathers started leaving home to work they became
wage earners while the mothers became the caretakers of the children
and home (Kelly 122, McNeely 3).
By the late nineteenth and early twentieth century, societal views of
child custody had changed dramatically. There was almost a "cultural
reverence" (McNeely 3) for motherhood and the legal system began
reflecting this viewpoint in custody decisions. By the 1920s it was
firmly rooted in both society and the legal systems that mothers were
granted sole legal custody of the children regardless of their ages.
The patriarchal society had now been replaced by a matriarchal society
in regard to divorce and child custody. This viewpoint continued until
the 1960s (McNeely 5).
In the late 1960s and early 1970s another cultural revolution happened
in the United States. Women started protesting and lobbying for equal
rights with men. As women gained more rights to equality, fathers
involved in divorces began questioning the old custody laws and more
and more fathers started demanding and fighting for more custodial
rights to their children (Kelly 123, McNeely 6).
In 1970 the Uniform Marriage and Divorce Act was passed (Funk &
Wagnall's 1994). This act provided for a best interest (McNeely 122)
standard in child custody law. Instead of basing the right to custody
on gender or the rights of one parent, the courts were encouraged to
consider the best interests and needs of children involved in divorce
actions. Most states adopted this law.
This shift to neutral gender and the best interests of children caused
the legal systems to come up with new custody arrangements. This was
called "joint custody" (Kelly 122).
Divorce wasn't common in the United States from the 1700s through the
early 1960s, but during the women's movement of the 1960s and 1970s,
there was a great increase in divorces. Because divorce custody laws
still favored a matriarchal system, fathers were suddenly finding
themselves only wage earners and many were left out completely in
regard to their children's lives. They found they were required to pay
child support, but allowed only limited visitation with their
children. They were disenfranchised in large numbers.
Divorce Statistics
According to a 1995 Monthly Vital Statistics Report from the National
Center for Health Statistics (Clarke 43.9), there were 264,000
divorces or annulments granted in 1940. By 1990, there were 1,182,000
divorces or annulments granted.
In 1997, according to the Monthly Vital Statistics Report (v. 46.12
(1998), DIVORCE Magazine 1999), there were 1,163,000 divorces granted
in the United States compared to 1,150,000 in 1996. Provisional data
for divorces from the National Vital Statistics Reports (v 48,19)
showed 1,134,000 divorces granted and almost 1,200,000 divorces
granted in 1999. Further statistics show that over one million
children per year are directly affected by divorce.
Children of Divorce
With millions of children directly affected by divorce, child experts,
the media, and politicians started examining the effects of divorce on
children, especially those who had little or no contact with their
fathers. The results were startling.
In the 1995 special Monthly Vital Statistics Report (Clarke),
statistics showed that in 1990 alone, the wife was awarded custody of
the children 72 percent of the time. Joint custody was awarded in 16
percent of the cases and husbands were awarded custody in only 9
percent of the states reporting. These statistics have changed little
since 1990. Divorce Magazine reports in it's February, 1999 issue that
27 percent of family households involve a single parent and that there
were 20 million children in the U.S. in 1998 who were living with just
one parent, most generally the mother. Statistics from Current
Population /Reports, U.S. Bureau of the Census, showed that in 1991,
there were a total of 11,268,000 total custodial mothers compared to a
total of 2,907,000 custodial fathers. They also reported the following
statistics about children from a fatherless home. Fatherless children
are:
-
5 times more likely to commit suicide
-
32 times more likely to run away
-
20 times more likely to have behavioral disorders
-
14 times more likely to commit rape
-
9 times more likely to drop out of school
-
10 times more likely to abuse chemical substances
-
9 times more likely to end up in a state operated
institution
-
20 times more likely to end up in prison
Even though there are many studies showing children of
divorce are much better off when their father stays actively involved
in their lives, the legal systems still seems biased towards the
matriarchal custody standards. In the article Data on Bias in Child
Custody Determinations (Christensen), 162 judges were surveyed across
the United States in regard to their feeling about child custody. When
both parents were found to be equal candidates for custody, the mother
received custody 100% of the time. In further studies, it was found in
Arizona that mothers receive custody by a ratio of 3:2. Another study
in New York showed that 39% of children felt closer to their father
than mother, but had never been given the right to choose with which
parent they wanted to live.
Adversaries
The National Organization of Women (NOW) and other feminist groups
lobby heavily to prevent fathers from ever gaining custody of their
children. They feel that this takes away part of their power as women.
In 1996, according to the article "Lagging Behind the Times:
Parenthood, Custody, and Gender Bias in the Family Court," NOW issued
national resolutions announcing that the organization was preparing a
counter-assault against all fathers' rights groups because their
recent successes - primarily legislation that inched fathers minimally
forward to permitting them to spend more time with the children
threatened all women (McNeely 20). McNeely went on to say:
"What is so wrong with fathers spending more time with their children?
For many women, this change presents a threat in the only arena in
which they clearly have an advantage. The family court. On the one
hand,it is hard to blame women for fighting tooth and nail to maintain
every inch of the status quo they enjoy within our legal system. But
because women have fought for and won the right to enter into
traditional male domains, women should therefore understand what it
feels like to be subject to oppression, based on a physical
characteristic. Instead of judging all males "in the form of
universals, rather than in the form of particulars of individual
parents' experiences," women must recognize the important role most
fathers play in the lives of their children. (20)."
Fathers have been having limited success in filing lawsuits under the
Fourteenth Amendment claiming their rights to equal protection under
the law have been violated. Some states supreme courts have upheld
this as legally sound.
Joint Custody
Currently, over thirty-five states have passed joint custody
legislation. The others have passed some limited form of legislation
regarding the law and custody criteria. The following table from the
American Bar Association Family Law Section summarizes the laws in all
fifty states.
American Bar Association Family Law Section Tables Summarizing the
Law in the Fifty States Chart 2: Custody Criteria |
STATE |
Statutory Guidelines |
Children's Wishes |
Joint Custody* |
Cooperative Parent |
Domestic Violence |
Health |
Attorney or GAL |
Alabama |
x |
x |
x |
|
x |
|
|
Alaska |
x |
x |
x |
x |
x |
x |
x |
Arizona |
x |
x |
x |
x |
x |
x |
x |
Arkansas |
|
|
|
|
x |
|
|
California |
x |
x |
|
x |
x |
x |
x |
Colorado |
x |
x |
x1 |
x |
x |
x |
x |
Connecticut |
|
x |
x |
|
|
|
x |
Delaware |
x |
x |
|
|
|
x |
x |
District of Columbia |
x |
x |
x |
x |
x |
x |
x |
Florida |
x |
x |
x |
x |
x |
x |
x |
Georgia |
x |
x |
x |
|
x |
|
x |
Hawaii |
x |
x |
x |
|
x |
|
x |
Idaho |
x |
x |
x |
|
x |
x |
|
Illinois |
x |
x |
x |
x |
x |
x |
x |
Indiana |
x |
x |
x |
x |
x |
x |
x |
Iowa |
x |
x |
x |
x |
x |
x |
x |
Kansas |
x |
x |
x |
x |
x |
x |
|
Kentucky |
x |
x |
x |
x |
x |
x |
x |
Louisiana |
x |
x |
x |
|
x |
|
|
Maine |
x |
x |
x |
|
x |
|
x |
Maryland |
|
x |
x |
x |
x |
x |
x |
Massachusetts |
|
|
x |
|
x |
|
x |
Michigan |
x |
x |
x |
x |
x |
x |
x |
Minnesota |
x |
x |
x |
|
x |
x |
x |
Mississippi |
x |
|
x |
|
|
x |
|
Missouri |
x |
x |
x |
x |
x |
x |
x |
Montana |
x |
x |
x |
|
x |
|
x |
Nebraska |
x |
x |
x |
|
x |
x |
x |
Nevada |
x |
x |
x |
x |
x |
|
x |
New Hampshire |
x |
x |
x |
|
x |
|
x |
New Jersey |
x |
x |
x |
x |
x |
x |
x |
New Mexico |
x |
x |
x |
x |
x |
x |
x |
New York |
|
x |
|
|
x3 |
|
x |
North Carolina |
|
x2 |
x |
|
x |
x |
|
North Dakota |
x |
x |
x |
x3 |
x |
x |
|
Ohio |
x |
x |
x |
|
x |
x |
x |
Oklahoma |
x |
x |
x |
x |
x |
|
x |
Oregon |
x |
x |
x |
x |
x |
|
x3 |
Pennsylvania |
x |
x |
x |
x |
x |
x |
x |
Rhode Island |
|
x |
x |
x |
x |
x |
x |
South Carolina |
|
x |
x |
x |
x |
x |
x |
South Dakota |
|
x |
x |
x |
x |
|
|
Tennessee |
x |
x |
x |
x |
x |
|
x |
Texas |
x |
x |
x |
x |
x |
x |
x |
Utah |
x |
x |
x |
x |
|
|
x |
Vermont |
x |
|
x |
|
x |
|
x |
Virginia |
x |
x |
x |
x |
x |
x |
x |
Washington |
x |
x |
|
|
x |
x |
x |
West Virginia |
|
x |
x |
|
x |
|
|
Wisconsin |
x |
x |
x |
x |
x |
x |
x |
Wyoming |
|
x |
x |
|
x |
|
|
* At least joint legal custody.
1. Now uses the term ''parental rights and responsibilities.''
2. Considered if child is old enough.
3. By case law. |
Rights of Fathers
Fathers are now fighting back. They are organizing and lobbying for
legislation and providing information to the public regarding fathers,
divorce, and custody. They are tired of gender bias when it comes to
the courts, society, and their children.
As mentioned above, fathers are starting to file suits under the
Fourteenth Amendment's Equal Protection Clause, and winning. However,
progress is slow. Few courts keep statistics regarding the custody of
children and father's groups feel some of the information being
provided to the general public is distorted. They are educating other
fathers, the public, the schools in child custody matters and the
rights of parents. They are also being fought every step of the way by
feminist groups.
One of the father's rights groups is the American Coalition for
Fathers and Children. In their mission statement on their home page of
the Internet, they maintain they are dedicating their efforts to a
creation of a family law system, legislative system, and public
awareness which promotes rights for all the parties involved in a
divorce as it affects children. Among other things, they firmly
believe there is gender bias in the law and in society. They believe
"when equity is created in our laws, the conflicts inherent in divorce
situations dissolve and in the end is the greatest gift which we, as
parents, could possibly bestow on our children. (ACFC Mission
Statement)."
Another fathers' rights group is the National Fatherhood Initiative
led by President Wade F. Horn, Ph.D. Dr. Horn is also an advocate of
children's rights under divorce and some of his supporters are the
actor James Earl Jones, Louis W. Sullivan, a former Secretary of the
U.S. Health and Human Services, William Bennett, former Secretary of
Education, and pollster George Gallup. To date, they have managed to
acquire over $100 million in donated advertising to further the
awareness of fathers' rights. His group describes the 1990s as the
"Decade of the Father."
While researching, I found other fathers' rights groups on the
Internet. Some of them include:
-
American Coalition for Fathers and Children
-
National Center for Fathering
-
Fathers Rights Foundation
-
Women for Fatherhood
-
DadsDivorce.com
-
Father's Right to Custody
There were also many state fathers' rights
organizations listed. My mentor introduced me via e-mail to the
President of the Father's Right to Custody, Waylon.
Waylon agreed to a telephone interview and I talked with him on April
27, 2001. He is reluctant to use his last name because he has been the
victim of Internet stalkings and threats. He keeps his identity secret
in order to protect his home and family.
I asked him what caused him to start the Father's Right to Custody
organization. He told me that he had fought a custody battle for the
custody of his son. He discovered during that fight that there were
very few resources for men involved in these situations. His
organization at http://www.deltabravo.net contains a wealth of
information for fathers, including articles, guides, forums, chat
rooms for sharing of information, links to other sites with helpful
information, information about attorneys, dictionaries giving legal
definitions, and letters that other fathers share about their
experiences with custody. His organization is a non-profit
organization and exists solely to help other father's have an easier
time of it when they want sole or joint custody of their children.
At this time, the FRTC has approximately 25,000 users, and receives an
average of 1.5 million hits per month on the web site.
Waylon said some mothers refuse to share custody with fathers for many
reasons. He said divorce usually generates hard feelings and mothers
sometimes use the children as leverage or to deliberately hurt
fathers. He said children have very limited rights as far as custody
rights since they are minors. Some children can choose where they want
to live such as Georgia, where children 14 or older can choose their
custodial parent.
I asked him why state legislatures weren't more active regarding this
issue and why more laws weren't being passed to protect fathers. He
said one of the reasons may be ignorance, some is from pressure from
women's groups, who are strong lobbyists. The same goes, he said, for
most politicians because they fear getting voted out of office if they
vote for unpopular legislation.
He said prolonged custody battles are expensive. The cost can be from
$10,000 to $20,000 per case and can last from six months to several
years. He eventually won custody of his son, but the cost was about
$20,000 and took almost a year and a half to win.
Summary
In summary, divorce and child custody have gone through many changes.
It went from patriarchal to matriarchal as cultural and legal values
changed. At this time, I believe another cultural change is happening.
However, progress seems very slow. Child experts today almost
unanimously agree that having both parents actively involved in their
lives is much better for the child, yet because of bitterness on the
part of wives, opposition by feminist groups, and the bias of society
and courts, divorced fathers are being almost completely shut out of
their children's lives other than to pay child support and have
visitation once in awhile. Now that fathers are organizing and
fighting back, the legal systems and society are beginning to
recognize that fathers are important too. Maybe in the future, all
parents will do what's best for their children and it will be a better
world.
BIBLIOGRAPHY
"Benefits of Joint Custody." Fathers'
Rights to Custody. Online. Internet. http://www.deltabravo.net/custody/jointbenefits.htm
"Births, Marriages, Divorces, and Deaths for 1997." Monthly Vital
Statistics Report, National Center for Health Statistics, 46.12
(1998).
"Births, Marriages, Divorces, and Deaths: Provisional Data for 1999."
CDC National Vital Statistics Reports 48.19 (2001).
Christensen, F.M. Ph.D. "Data on Bias in Child Custody
Determinations." Online. Internet. http://www.electromagnet.sm.demon.co.uk/08094.htm.
Clarke, Sally C. "Advance Report of Final Divorce Statistics, 1989 and
1990." Monthly Vital Statistics Report, National Center for Health
Statistics, 43.9 (1995). Supplement.
"Current Population Reports." U.S. Bureau of the Census, Series P-20,
No. 458, (1991).
"Divorce." Funk & Wagnalls New Encyclopedia. 1994.
Horn, Wade F. "Father Facts." National Fatherhood Initiative. Online.
Internet. http://www.leaderu.com/fatherfacts/introduction.html.
"Information to Assist Fathers and Non-Custodial Parents." Fathers'
Rights to Custody. 2001. Online. Internet. http://www.deltabravo.net.
"Joint Custody Laws in the U.S." Fathers' Rights to Custody. 2001.
Online. Internet. http://www.deltabravo.net.
Kelly, Joan B. "The Determination of Child Custody." The Future of
Children 4.1 (1994) 121-142
Kuhn, Richard , and John Guidubaldi. "Child Custody Policies and
Divorce Rates in the US." Paper. 11th Annual Conference of the
Children's Rights Council October 23026-1997. Online. Internet.
http://www.vix.com/crc/sp/spcrc97.htm. 2001
McNeely, Cynthia A. "Lagging Behind the Times: Parenthood, Custody,
and Gender Bias in the Family Court." Florida State University Law
Review 25.4 (1998): 1 - 48.
"Mission Statement." American Coalition for Fathers & Children.
Online. Internet. http://www.acfc.org/missn.htm.
National Indictors of the Status of Fatherhood." National Fatherhood
Initiative. Online. Internet. http://www.leaderu.com/fatherfacts/introduction.html.
"Table Summarizing the Law in the Fifty States. Chart 2: Custody
Criteria." American Bar Association, Family Law Section. 2001. Online.
Internet. http://www.abanet.org/family/familylaw/table2.html.
"U.S. Divorce Statistics." DIVORCE Magazine. 1999. Online. Internet.
Available http://wwwdivorcemag.com/statistics/statsUS.shtml.
Waylon, President of Fathers' Rights to Custody Organization.
Telephone Interview. 27 Apr. 2001.
Copyright 'Brandon', 2001. Reproduced
with permission. All Rights Reserved.
May be freely copied and used provided the FRTC attribution line is
kept intact and the FRTC link is included.
Page Location: http://www.deltabravo.net/custody/bias_essay.htm
|
|
![](Banner3.gif)
RELATED READING:
![](http://www.step-family-matters.20m.com/BOOKFACE2.jpg)
"Striving for Peace:
Managing Conflict in Non-Custodial Homes" is the MUST HAVE guide for
every non-custodial home! Enlightening information on the
reasons behind the often difficult behavior of ex-spouses, and
practical information on how to combat the daily strife of
non-custodial parenthood. Free yourself and your family...
Download the eBook Now!
![](http://images.amazon.com/images/P/0312141130.01.MZZZZZZZ.jpg)
Family Life magazine said, "In many ways, dealing with an
uncooperative former spouse is like dealing with a difficult child:
You've got to set limits, express your feelings clearly, and pick you
battles with care. The authors' strategies for mediating the many
issues in a separated parent's life are apt and easy to apply."
![](http://images.amazon.com/images/P/1885171285.01.MZZZZZZZ.gif)
Sue Patton Thoele's book, "The Courage
to Be a Stepmom" is well written and speaks to stepmothers as not just
stepmothers but as women and caretakers who need to remember to take
care of themselves as well as their stepfamilies. Her book
demonstrates to stepmothers not only the various stepmothering issues
and coping strategies but also how to take care of their spiritual,
mental, and physical well being throughout the process. Ms
Thoele's book also sites personal experiences from her own twenty-five
years of stepmothering and her book is wholesome, healing, and easy to
read.
William
C. Klatte's "Live-Away Dads" is a reassuring and practical guide for
divorced fathers who want to remain actively involved parents. A
social worker and psychotherapist who has been a custody advisor to
the Illinois Courts, Klatte rightly counsels fathers to come to terms
with their emotions, a crucial first step toward diffusing conflict.
Next, he expertly leads fathers through the stages of setting up
visitation, cooperating with mothers to improve communication, and
working on parenting skills.
Pickhardt
shares his years of experience as a psychologist and offers a very
useful resource for step fathers and bio-fathers for understanding the
multiple changes that affect step families. Issues of multiple
alliances, boundaries, even gender differences about step fathers
relating to step sons and step daughters, and more are all included in
this book which helps normalize the process of step family
development. He is very accurate in his description of the
developmental process of step-family development, estimating a minimum
of 2 years for step families to come together as a working unit
Since
the divorce procedure has become, legally speaking, nearly as
innocuous as apple pie in America, the task has fallen to
psychologists such as Shulman to provide both adults and children with
the tools to get on with their lives. In this book, devoted to the
immense parenting problems of divorce, no space is wasted with
esoteric or gushy narrative; Shulman writes in the style of a how-to
manual. The book nonetheless achieves its stated goal of being "an
unintimidating and practical guide to help with the adjustment
process." From the basics of "Creating a Co-Parenting Plan" to the
specifics of handling the problems of children from infancy on up to
age 18 in dealing with the divorce milieu, Shulman provides practical,
straightforward capsules often broken down into useful steps. Though
this is most suitable for divorced parents as a "ready reference"
guide for thinking quickly on one's feet, public libraries would
certainly do patrons a service by adding it to their collections
LONG DISTANCE
PARENTS!!
Call anywhere in the Continental United States for FREE from your PC!!
|