Shared Parenting Bill Would Help New York's Children of Divorce

Shared Parenting Bill Would Help New York's Children of Divorce

More Glenn Sacks...

Excerpts:

According to a meta-analysis conducted by psychologist Robert Bauserman and published in the American Psychological Association‘s Journal of Family Psychology, children in joint custody settings had fewer behavior and emotional problems, higher self-esteem, better family relations, and better school performance than children in sole custody arrangements.

A Harvard University study of 517 families conducted across a four-and-a-half year period measured depression, deviance, school effort, and school grades in children ranging in age from 10 to 18. The researchers found that the children in joint custody settings fared better in these areas than those in sole custody.

A study by psychologist Joan Kelly published in the Family and Conciliation Courts Review found that children of divorce “express higher levels of satisfaction with joint physical custody than with sole custody arrangements,” and cite the “benefit of remaining close to both parents” as an important factor.

When Arizona State University psychology professor William Fabricius conducted a study of college students who had experienced their parents’ divorces while they were children, he found that over two-thirds believed that “living equal amounts of time with each parent is the best arrangement for children."

Research demonstrates that joint custody also leads to high rates of child support compliance. This is no surprise--parents who are permitted little role in their children’s lives have less motivation to make sacrifices for their children. Also, under the current system noncustodial parents are often forced to wage expensive court battles in order to protect their time and relationships with their children. These parents end up supporting lawyers instead of kids.

According to a study in the Journal of Divorce & Remarriage, over time joint custody serves to help reduce conflict between divorced spouses. When Texas Woman's University conducted a study of the effects of post-divorce discord on children aged 8 to 12, they found that joint custody does not expose children to greater parental conflict. Bauserman’s research found that divorced couples with joint custody report less conflict than those in sole-custody settings.

Alaska Divorce, Custody & Support Info

The Alaska Legislature

The Alaska Constitution

Alaska Family Law Self-Help Center

Filing for Dissolution, Divorce or Custody

Alaska Civil Rule 90.3 (Child Support Awards)

Alaska Child Support Calculator

Alaska Legal Services Corporation (Help resolve serious legal problems of low-income Alaskans)

Glenn Sacks and A330

This is all from the latest Glenn Sacks newsletter. You can subscribe by clicking here.

Excerpts:

James Hays of the Coalition of Fathers and Families New York, which is sponsoring the New York Shared Parenting Bill, informed me yesterday that your faxes have completely shut down the fax machines of the 16 members of the Assembly's Children & Families Committee. The committee members have asked us to stop, and we complied immediately.

Five thousand of you have faxed or emailed the committee members in support of A330, the shared parenting bill. FaFNY wants to deliver your letters personally to the committee members this week, and has asked that you continue filling out the letters form. To write to the committee members with your support for this bill, click here.

This bill has been locked up in committee for 12 years! The vote on the bill was set for March 28 but has been postponed until April 4. This may be a maneuver designed to allow the bills' opponents--which include the New York Chapter of the National Organization for Women--to make their impact felt. New York is a battleground state for shared parenting and fatherhood. Again, to support the bill, click here.

New York NOW Defends Mothers' Veto over Fathers' Fatherhood

Pappas wrote a revealing letter to a shared parenting activist explaining her opposition to A330.

In opposition to A330 Pappas writes:

"Many women who are victims of domestic violence and women who have had to endure watching their children be abused, would disagree with [the bill]. Many women have said, 'forced joint custody sent my children right into the arms of their abusive father.' We believe that joint custody should be agreed upon by both parties and if one party disagrees, then there is usually a good reason. A woman who is victim of violence should not have to be victimized again by the courts. This is what forced joint custody does" (emphasis in original).

The old domestic violence bugaboo. A330 only applies to fit parents--abused women would get sole custody.

Pappas' views amount to this--if mom wants a dad to remain a dad, fine, but if not, too bad. Feminist family law proponents essentially seek to give mothers veto power over fathers' fatherhood.

Your Tax Dollars at Work

The New York State Coalition Against Domestic Violence's opposition to A330 is a fine example of your tax dollars at work--the coalition receives government funding, probably from the Violence Against Women Act.

One of the things about VAWA which I find the most objectionable is the fact it results in state-funded radical feminist lobbying. Whenever our movement tries to bring fathers and children together, these groups are always among our most vocal and influential opponents.

In California, for example, they opposed AB 1307, the California Shared Parenting Bill, and were instrumental in defeating it last Spring. These groups were also among the leading opponents of Gary LaMusga, a heroic father who fought an eight-year battle all the way up to the California Supreme Court to prevent his two boys from being moved out of state. To learn more about the LaMusga case, click here.

Are You a High Earner Paying Child Support?

Family law reform activist Josh Gonze is looking for high-earners who are paying child support. He says his state has no ceiling on child support and that he is "searching for published legal precedent where a court placed a limit on child support on the grounds that the statute produces excessively high child support." Those interested can respond to Gonze at reformfamilylaw@hotmail.com.

New Blog Addition

Stop by and visit Broken Bread

Equal rights for unwed fathers

Equal rights for unwed fathers

This is the latest article from Cathy Young. You can also visit her on her blog - The Y Files. On her blog she has another excellent post about Male Reproductive Rights.

Excerpts:

Today, partly as a result of several legal controversies in which unmarried fathers successfully contested adoptions, the majority of states have ''putative father registries" by means of which a man can assert his paternity. But the purpose of these registries often seems to be less to protect the rights of the father than to protect the rights of everyone else: the mother who wants to give up the baby, the adoption agency, and the adoptive parents. Some would say that they also protect the rights of the child. But that depends on whether you believe that a child is better off being adopted than being raised by the biological father.

In most states, the unwed father has to file with the registry either within a certain period of the child's birth -- from five to 30 days -- or, as in Massachusetts, at any time before the adoption petition is filed. But neither the mother nor the adoption agency has any obligation to notify the man of the adoption, or of the fact that he is a father or father-to-be. Even when the father is notified, he may not be told about the putative father registry -- which is what happened to Jones, whose attorney, Allison Perry, refers to the Florida registry as a ''well-kept secret." That is the situation in most states. Not only are most men unaware of the registries' existence, even some lawyers don't know about them.

Amazingly, many specialists believe that it's too much of a burden on the woman or the adoption agency to require that a man be notified of his paternity. Instead, they argue that it should be his responsibility to file with the putative father registry every time he enters a sexual relationship with a woman, on the off-chance that a pregnancy may result -- a requirement that, if nothing else, smacks of a humiliating invasion of privacy. Surely, it is far more efficient and less invasive to limit the notification requirement to cases in which a pregnancy actually happens, and to place the burden on those who are aware of the pregnancy.

You would think that, unlike men who seek to avoid their paternal responsibilities, fathers who want to be responsible for raising their own children would at least encounter societal sympathy and support. Sadly, that has not generally been the case. Unwed fathers who contest adoptions are often faulted for not taking affirmative steps to find out about the child's existence, and in some cases are blamed even if they were actively deceived by the mother. Often, they're suspected of being abusers whose real hidden motive is to control the mother.

The issues of men burdened with responsibility for unwanted pregnancies, and of men who are not allowed to be fathers to wanted children, are linked by a common thread. Biology has made men and women unequal with regard to reproduction. In recent decades, thanks to both technology and social change, we have made strides to alleviate the inequality for women, helping them avoid unwanted childbearing. But we have lagged far behind in equalizing the situation for men. We cannot ask men to be equal parents while giving virtually all the power in reproductive decisions to women.

Banned in Massachusetts: Family Court Judge Bars Tell-All Book, According to Fathers & Families

Banned in Massachusetts: Family Court Judge Bars Tell-All Book, According to Fathers & Families

Angry Dad is also covering this.

The book is still available for download on Lulu.com. $20.00 for print version, $9.16 to download.

BOSTON, March 27 /PRNewswire/ -- Fathers & Families reacted today to the ruling by Judge Mary Manzi of the Essex County Probate and Family Court that banned member Kevin Thompson from distributing his tell-all book, "Exposing the Corruption in the Massachusetts Family Courts."

"With the stroke of a pen, Judge Manzi has swept away the Bill of Rights,"said Dr. Ned Holstein, founder of Fathers & Families. The book is critical of Judge Manzi and others in the family court system, and reveals details of Mr. Thompson's custody battle for his four-year-old son.

Labeling Judge Manzi's ruling "a trifecta of tyranny," Dr. Holstein noted that Judge Manzi abused her position in several ways, including:

* Conflict of interest: Dr. Holstein questioned why Judge Manzi did not recuse herself, since an entire chapter in the book criticizes her judicial actions in the case.
* Double standard: Judge Manzi applied a different standard to Mr. Thompson because he is involved in a custody battle. Under the bill of rights, any American has the right to publish an autobiography, even if some people don't like what the book says.
* Bias: Judge Manzi indicated that she may punish Mr. Thompson by requiring him to pay the fees of the lawyers who demanded that she ban his book.

Mr. Thompson, a physics teacher and law-abiding father, lost custody of his son Patrick even though he is a devoted parent. The reasons are secret, as the court has impounded the records. The family courts frequently issue gag orders, impound records, and abridge a variety of other constitutional rights, including the right to the care and custody of one's children. Mr. Thompson is available through Fathers & Families.

About Fathers & Families Based in Boston, Fathers & Families is a non-profit advocacy organization protecting children's right to the love and care of both parents after separation or divorce. Fathers & Families seeks to change well-meaning but misguided laws, judicial traditions, and government policies that drive many loving fathers out of their children's lives after divorce. Fathers &Families counts some 2,200 Massachusetts supporters, of whom approximately 40 percent are women. More information is available at http://www.fathersandfamilies.org/ or by calling (617) 542-9300.

Alabama Divorce, Custody & Support Info

The Alabama Code and Constitution can be viewed here.

Title 30 (Marital and Domestic Relations) can be viewed here.

Alabama Child Support Guidelines

Alabama Child Support Calculator

Alabama Coalition for Fathers and Children(ALCFC)

Alabama Family Rights Association (ALFRA)

Alabama Legal Services Programs

THE ALABAMA LEGISLATURE

Welfare Reform Meets the Law of Unintended Consequences

Welfare Reform Meets the Law of Unintended Consequences

This is the latest article by Phyllis Schlafly

Excerpts:

The Great Society welfare system was recognized by the 1990s as a social disaster that created fatherless children, illegitimacy and women's dependency on government. Channeling taxpayer handouts to mothers provided a powerful financial incentive for fathers to depart; they were not needed anymore.

Unfortunately, policy changes in the 1988 and 1996 welfare laws created similar financial incentives for state governments to exclude middle-class fathers from the home. The law incentivized the states to manufacture "noncustodial" (i.e., absent) fathers and to order money transfers (usually through wage garnishment) to mothers, thereby putting a large segment of the middle class under the welfare bureaucrats.

Formerly, to receive welfare benefits, recipients had to demonstrate eligibility by "need" (i.e., a test measured by income level), but the new policy omitted income eligibility requirements. Without a means test, a high-income mother with custody can use the power of the state to collect from a low-income father.

The federal government annually provides $4.2 billion in block grants to states to serve as collection agencies. States are reimbursed for 66 percent of their costs of child support enforcement activities, 80 percent of their costs for technology, and 66 percent of their costs of DNA testing for paternity.

The more cases the states can create and the more operational expenses they incur, the more federal funding states receive to expand their welfare bureaucracy. No performance standards are required to get this money and, in addition, the feds provide a bonus fund ($458 million in Fiscal 2006) for which the states compete.

This result was accurately predicted by Leslie L. Frye, chief of Child Support for the California Department of Social Services. In testifying to the Human Resources Subcommittee of the House Ways and Means Committee on March 20, 1997, Frye said the new regulations "encouraged states to recruit middle-class families, never dependent on public assistance and never likely to be so, into their programs in order to maximize federal child support incentives."

Many consciences should be burdened with the realization that taxpayer money provides financial incentives to deprive millions of children of their own fathers.

Family law workshop - Albuquerque, NM

Family law workshop: "Divorce, Custody, and Child Support":
6 p.m. TVI South Valley Campus multi-purpose room, 5816 Isleta Blvd. S.W.
Presentation by lawyer Thomas Mucci, followed by a question-and-answer period.
Free. 797-6048.

WANTED: Women Who Aren't Insane

Wanted: A Few Good Sperm

This is from the NY Times which means you may need to register to read it. Try Bugmenot for login info.

The only thing I can say about this article that does not involve expletives is THANK GOD I HAVE A REAL, ACCESSIBLE, DEVOTED AND LOVING FATHER. As much as I question decisions my mother has made I don't think she could ever be as selfish as the women chronicled.

Excerpts:

Karyn said she hoped to join a population of women that everyone agrees is expanding, although by how much is hard to pin down because single mothers by choice (or choice mothers), as they are sometimes called, aren't separated statistically from, say, babies born to unwed teenagers. Between 1999 and 2003 there was an almost 17 percent jump in the number of babies born to unmarried women between ages 30 and 44 in America, according to the National Center for Human Statistics, while the number born to unmarried women between 15 and 24 actually decreased by nearly 6 percent. Single Mothers by Choice, a 25-year-old support group, took in nearly double the number of new members in 2005 as it did 10 years ago, and its roughly 4,000 current members include women in Israel, Australia and Switzerland. The California Cryobank, the largest sperm bank in the country, owed a third of its business to single women in 2005, shipping them 9,600 vials of sperm, each good for one insemination.

Buying sperm over the Internet, on the other hand, is not much different from buying shoes. (emphasis mine)

Karyn carried a wallet-size copy of the donor's photo between her MetroCard and her work ID. (She carries a picture around of this guy - she has developed some sort of emotional attachment to a freaking picture and yet she sees no problem with bringing a child into the world who will have no formative relationship with this man - THEIR FATHER.)

Last October, when I visited the Manhattan apartment of Daniela, a 38-year-old German advertising executive who had recently been inseminated with the sperm of a male friend, her guest room was peppered with toys belonging to the young son of a visiting friend who had broken up with the boy's father by the time he was born. "They got a child out of love, and the parents couldn't deal with one another," Daniela, who asked that I use only her first name, told me. "And now she lives in Germany; he lives here. He doesn't pay any money if he doesn't see the child. So there's a constant battle over it. The child is torn in between. She has to deal with the father. I won't have to deal with the father." (emphasis mine - but really this is just sick. It's not just about you, it's about the child's relationship with its father.)

She was also attracted by the idea of a donor of another race. "I believe in multiculturalism," she said. "I would probably choose somebody with a darker skin color so I don't have to slather sunblock on my kid all the time. I want it to be a healthy mix. You know how mixed dogs are always the nicest and the friendliest and the healthiest? If you get a clear race, they have all the problems. Mutts are always the friendly ones, the intelligent ones, the ones who don't bark and have a good character. I want a mutt." Her African-American friends questioned this strategy, suggesting that her child's life would be harder if he or she was perceived as nonwhite, but Daniela said: "If that's what I believe, I have to go by that. And it might help the world also if more people are doing it that way." (Okay - she is comparing her future child to a mixed breed dog - lovely.)

"I see so many women who are in unhealthy relationships, where they really just try to get married and then have a child and break it off," Daniela said. "If they would consider this as an option, I think they would be happier, and the children would be happier." (Their children would be happier fatherless. I bet. However, it is equally sick to get married in order to get pregnant and then initiate a divorce. I am truly staring to believe that everyone should be temporarily sterilized when they hit puberty and then have to pass some extensive psychological tests before they can plan to have children.)

"One of the things that was so powerful about deciding to have a baby on my own was saying, I'm taking charge of this piece of it; I'm not going to wait around for a guy to give it to me. And my feelings about what I want from men right now are really changed. I don't actually want a big relationship. Now I want occasional companionship and sex." (emphasis mine)

For all the comparisons between being divorced with children and having them alone, there are critical differences: an ex-husband who spends any time at all with his kids frees up pockets of time when a woman could potentially see someone new. Even minimal child-support payments would reduce the financial burden on her, and substantial ones could allow her to work less. Perhaps most important, a child with only one parent is immensely dependent on that parent, and the mother of such a child tends to feel her responsibility acutely. It can be painful — and expensive — to leave your child with a baby sitter after a whole day away, just to go out on a date.

"I want my son to have a full sibling," she said. "I want to feel like he has one person in the world who is a complete blood relative after I'm gone. I did not want my son to feel deprived, that the other sibling had a father and he didn't." (emphasis mine. This statement was from a woman who was using the same donor to bear a second child. How funny that she is so insistent her child have a full blooded sibling - but can completely ignore the need to have an available father.)

Q. is one of several people in the group with a keen desire to meet her donor one day. And they aren't sitting idle; one woman had magnified his baby picture, in which the donor is blowing out candles on his birthday cake, to the point at which a first name may be legible. Another mother has a hunch about the donor's provenance based on the way he pronounced certain words on his audiotape. At the Washington Single Mothers by Choice meeting, I met a woman who had easily identified the donor for her 9-month-old son using Google. "The person left specific enough information for me to just type in those words and click," she told the group. "But what to do with that information? I'm bound to keep him anonymous as per the contract, but what about when my son says: 'What do you know? Tell me anything about my dad."' (Okay - this is all just too much. These women went to a sperm bank to find an anonymous donor but are now searching out these donors... So maybe they don't so much want to do it on their own they just couldn't find anyone willing to knowingly impregnate them. Okay, that is cruel but jeez these men donated under conditions of anonymity. So these women don't care about the benefits that come from having children with a willing and involved partner - they also don't care about contractual obligations of anonymity AND they are admitting that their children will want to know about their other parent - that their children will be missing out compared to children in traditional families. BUT this was still the best thing they COULD DO FOR THEMSELVES so screw the long term.)

Whenever he was in earshot, Shelby spelled out the word D-A-D; lately Christopher had become fixated on the idea of a daddy. "He goes to a day care, and he's the only child of a single mother in his class. I think they spend a lot of time talking about Daddy," she told me. Christopher had referred to a neighbor as Daddy, as well as Regis Philbin. "Interestingly, he doesn't call my boyfriend Daddy; he's 'mamma's friend.' The other day, I said, 'Someone special's coming to see you today — do you know who it is?' I expected him to say [her boyfriend's name]. But he said, 'Daddy?"' The single mothers by choice I spoke with generally hold that the story of their children's origins should be told to them from the time of birth, long before the child is old enough to understand it. But Shelby feels that at 2, Christopher is too young to hear that he doesn't have a father. (the emphasis is always mine)

Her boyfriend usually visits on Sunday mornings. "A huge wave of relief comes over me," Shelby said. She can relax or do dishes or take a nap. "I feel, like, Wow, this must be what it's like to have a husband every day of the year. I can do my own thing, but I love to just stand across the room and watch them together."

Don't leave dads out of the equation

Don't leave dads out of the equation

Excerpts:

I wrote in response that, yes, men are necessary, if not to certain women, then certainly to children, who, despite the creative inventions of many modern mothers, seem to love their daddies.

At least they love the idea of Daddy, since so few children these days get to have a real one. A third of all American children are born to unwed mothers and half will sleep tonight in a house where their biological father does not live.

This past Sunday, the New York Times was replete with stories that answer both Dowd's question and that posed by Thurber and White. Not only are men not necessary, but neither is sex in many cases.

The cover story of the Times' Sunday Magazine was headlined "Looking For Mr. Good Sperm" and featured women who have given up on Mr. Right and are searching instead for a good vial of sperm.

Another story was about "virtual visitation," which allows absent dads to stay in touch with their kids through instant messaging and Web cams. A third told the plight of unwed fathers powerless to block the adoption of their babies.

Finally, the fourth was a first-person narrative by a woman who married and had a child with an incarcerated murderer, whom she later abandoned. (The dad, not the baby.)

The unspoken essence is that women have all the power when it comes to children, and men are only as good as their sperm count.

A society in which women are alone, men are lonely, and children don't have fathers is nothing to celebrate. And a future world filled with fatherless children - bereft of half their identity and robbed of a father's love, discipline and authority - won't likely be a pleasant place to live.

Are American Husbands Slackers?

Are American Husbands Slackers?

This is the latest article from Jeffery M. Leving and Glenn Sacks.

Excerpts:

Warner, Hirshman, and other feminist critics compare the work men and women do at home but fail to properly account for their disparate obligations outside the home. Census data shows that only 40% of married women with children under 18 work full-time, and over a quarter do not hold a job outside the home.

According to the Bureau of Labor Statistics’ 2004 Time Use Survey, men spend one and a half times as many hours working as women do, and full-time employed men still work significantly more hours than full-time employed women.

When both work outside the home and inside the home are properly considered, it is clear that men do at least as much as women. A 2002 University of Michigan Institute for Social Research survey found that women do 11 more hours of housework a week than men but men work 14 hours a week more than women. According to the BLS, men’s total time at leisure, sleeping, doing personal care activities, or socializing is a statistically meaningless 1% higher than women’s. The Families and Work Institute in New York City found that fathers now provide three-fourths as much child care as mothers do—50% more than 30 years ago.

Feminists’ persistent criticism of men has combined with women’s traditional expectations of their husbands to place men in a double bind. A man may be a devoted caretaker of his children or a talented cook, but if he is unable to provide for his family, he is not respected. Yet when a man works long hours to fulfill the breadwinner role which he is still expected to perform, he is blamed for not contributing as much at home as his wife does.

Feminists are right to complain that with long work weeks, the high cost of child care, scant union protections, and inflexible workplaces, working women often face a trying juggling act. But they’re wrong to place the blame on husbands, who do their fair share and often make great sacrifices to provide for their wives and children.

Riverside offers class for divorced parents - MA

Riverside offers class for divorced parents

The state Probate and Family Courts require parents who are divorcing to attend a parent education program to help them understand the effects of divorce on children. Riverside's Outpatient Center has been selected as an provider of this program and will offer its Partners for Positive Co-Parenting program approximately once each month.

Partners for Positive Co-Parenting is led by family counseling professionals and consists of two 2-1/2 hour sessions. Attendance at both sessions is mandatory in order to fulfill court requirements, The sessions are designed to provide parents with the skills necessary to best help their children respond to the divorce, to recognize the warning signs of poor adjustment, and to deal effectively with stress. Topics covered include the development of successful co-parenting strategies, child custody and visitation issues and information about other community resources.

The first sessions will be held on March 28 and April 4, from 6:30-9 p.m., with both sessions held at Riverside Outpatient Center, 338 Main St. Divorcing spouses will not be placed in the same class. Cost: $65. For information, call 781-246-2010.

Child Support Calculators

SupportGuidelines.com maintains a fairly complete list of state specific child support calculators.

Other sites with calculators include alllaw.com and divorcelawinfo.com.

Societal Shift in Role of Fathers

Societal Shift in Role of Fathers

This is the latest article from Wendy McElroy.

Excerpts:

On March 28, the New York State Assembly's Children & Families Committee is scheduled to hear Bill A330 on shared parenting. The bill seeks to establish "the presumption in matrimonial proceedings for awarding shared parenting of minor children in the absence of an allegation that shared parenting would be detrimental to the best interests of the child."

In short, a parent seeking sole custody (most commonly the mother) would assume the legal burden of proving why a shared arrangement would harm the child.

Father's rights advocates view New York as "a battleground state" not only because of the influence its policies exert but also because New York is one of the few states to resist a national trend toward statutes favoring joint custody.

Because A330 is vehemently opposed by mainstream feminist organizations like the New York Chapter of the National Organization for Women, the bill's hearing may become raucous. But, given that almost three dozen State Assembly members have endorsed the bill as sponsors or co-sponsors, A330 stands a good chance of passing.

To Be A Man or To Be A Sperm Donor?

I should have known Cathy Young would be talking about Roe v. Wade for men. As always, she remains a reasonable voice in some of the most difficult of issues. And the comments on her posts are always a good read.

Child Support Rulings Could Be In Jeopardy Due To Oath Issue - CA

Child Support Rulings Could Be In Jeopardy Due To Oath Issue

This is a rather long article so if it is applicable to you please link and read it in full.

Excerpts:

Who’s William S. Hochman?

According to the Marin County Bar Association and the title he uses, he’s a commissioner with the Marin County Superior Court, rendering decisions in the Department of Child Support Services and in essence, involved in administering a $90.2 million contract between the Department of Child Support Services and the Judicial Council of California.

How much Marin County receives in federal and state reimbursements appears to be directly tied to how Hochman rules and may constitute a significant conflict of interest in that the higher he sets child support awards, the more money the county receives which indicates that may not be concerned about the facts of the specific case but rather how much revenue he can generate for the county.

But according to the website for the Marin County Superior Court, he’s not a commissioner.

There are four commissioners listed for Marin County----and William S. Hochman isn’t one of them. http://www.co.marin.ca.us/depts/MC/main/commissioners.

Is he a state officer, a county officer or is he legally in office at all?

Is he appointed or elected or is he an employee or an independent contractor?

No one in Marin County will say but yet the county bar calls him a commissioner and in a February, 2005 Bar newsletter, lists his address as the Marin County Superior Court in San Rafael.

The “program” which Hochman presumably oversees reportedly nets Marin County about $654,000 a year for his services although his salary is allegedly in the neighborhood of $150,000 with retirement contributions reportedly about $90,000.

When a California resident attempted to utilize a subpoena to obtain the public information concerning the administration of the state and federal monies and information concerning Hochman’s appointment and compensation, Hochman himself quashed it.

According to the statutes and Constitution of the State of California, it appears that Hochman is performing the duties of the office without legal authority, going so far as to imprison individuals without allegedly having the legal authority to do so. So far, officials in Marin County have been reluctant to comply with the state’s laws concerning public records about Hochman.

As a result of his alleged non-compliance of the law in regard to filing his oath and bond, any and all decisions that he has made in regard to setting child support could be legally challenged and perhaps vacated.

Neither Marin County nor state officials can or will produce either an oath of office or a bond for Hochman, both required. Without an oath and bond being subscribed to and filed in the county clerk’s office, Hochman can’t legally perform judicial duties and can’t legally be paid by county tax dollars.

Scott M. Beseda, human resources manager of the court, refused to respond to the request and did not produce a copy of the requisite oath required to be filed by Hochman, saying that in California, “the judicial branch of government, including the Superior Courts, its employees and contractors, are not subject to the Public Records Act”.

The Secretary of State also indicated that there was no oath on file in Sacramento either for William S. Hochman, indicating that while he’s doling out child support orders totaling thousands of dollars of individuals, rendering lives in total upheaval, it appears that he is doing so in total absence of jurisdiction and without legal authority. In fact, it appears that Hochman is doing so in violation of state law and the Constitution.

To Be A Man

John Doe of Disenfranchised Father has taken issue with a statement I made in this post. Specifically, he did not like when I said "Be a man." You can visit his discussion of my comments at his post: Be a Man?

Hmm, so what exactly did I mean? Obviously, I felt some discomfort at this statement as well or I would not have felt the need to preface it with "I hate to say it this way."

I have read John's post a couple of times and tried to reason out what I meant versus his reaction. He said, "Telling him to "be a man" amounts to the same thing, for him, as blaming an unwanted pregnancy on her. (Not only that, but it seeks the best of both worlds by appealing to a suspect idea of machismo.)"

I'm not entirely certain how to respond. In the face of his concerns I can certainly reorganize what I meant to say. I believe my true intent with Be a man was really to say Be an adult. As in, we all have an adult responsibility to protect ourselves irrespective of what a partner may tell us - particularly when such decisions could result in the introduction of a child to the world.

But then, I certainly would not say Be a woman. That statement would call to mind someone having a gender crisis - not someone lacking in appropriate decision making or inner fortitude. So it appears instead of truly discussing my opinion I allowed myself to utilize a cliche to try and make a point.

I also must consider this within my points of reference. I am not certain how forthright I have been about my age but I am in my early to mid twenties. Be a man is statement I have used several times with male friends - particularly those who are forced to consider questions like paternity, custody, etc... The only friends we have with children are those who have unwittingly brought one into the world. My husband was the same. His ex wife was on the pill.

How to explain then her announcement that she was pregnant the evening of their senior prom? I don't know. Maybe she wasn't taking the pill as prescribed. (I'm not sure how many men are aware that the pills effectiveness is largely based on taking it correctly - every day at approx the same time.) Maybe she wasn't taking it at all. Or maybe she can be included in that 1% where the pill truly fails.

But what I do know, and what my husband will tell you, was that he wanted to believe that she was protected but he was also operating under the "it can't happen to me" mind frame.

Well it did. And to several of his friends that same year. And to many of our friends in the years since.

The initial reaction from most of our male friends has been a belief that it was either "not their child" or that this conniving female had "tricked" them into impregnating her. My response to this has invariably been, "did you protect yourself?" and each has answered with a different variant of "she said she was protected." To which I know I have responded, "Grow up, be a man and take responsibility for the choice you made." And that really is what it comes back to me for me - each party makes a choice. You can call that choice to trust or not to trust but I would call it self preservation.

Is it unfair to say Be a Man? Maybe, I don't know - I'm a woman. It is certainly a cliche statement. Am I trying to appeal to a suspect idea of machismo? Possibly. I certainly would if I thought it could prevent more fathers from finding themselves embroiled in an expensive and protracted custody battles.

I don't think, however, that my statement can be construed as equivalent to blaming an unwanted pregnancy on the woman. My discussion was about taking responsibility for ones own actions, accountability and self protection. It was to say that if you don't protect yourself you have no right to place blame anywhere else. And if you do protect yourself and still find you have a pregnant girlfriend then (I suppose unless a paternity test is required) no blame can be placed anywhere as you both tried and have been blessed with what can truly be called an accident.

As John noted, "The fact is that it is (still) impossible to guarantee protection against pregnancy resulting from sex between two suitably fertile people." But you certainly can mitigate the risks. Choosing whether or not to do so is an individual question so I suppose we should all be adults and make decisions as such - whether you are a man or a woman.

Unwed Fathers Fight for Babies Placed for Adoption by Mothers

Unwed Fathers Fight for Babies Placed for Adoption by Mothers

This is from the NY Times who will make you go through a ridiculous registration process. You can visit Bugmenot for free login info.

Excerpts:

Jeremiah Clayton Jones discovered that his former fiancée was pregnant just three weeks before the baby was due, when an adoption-agency lawyer called and asked if he would consent to have his baby adopted.

Mr. Jones has never seen his son, now 18 months old. Instead, he lost his parental rights because of his failure to file with a state registry for unwed fathers — something he learned of only after it was too late.

Under Florida law, and that of other states, an unmarried father has no right to withhold consent for adoption unless he has registered with the state putative father registry before an adoption petition is filed. Mr. Jones missed the deadline.

While women have the right to get an abortion, or to have and raise a child, without informing the father, courts have increasingly found that when birth mothers choose adoption, fathers who have shown a desire for involvement have rights, too.

But to claim those rights most states require a father to put his name on a registry. While about 30 states now have registries, they vary widely. In some, fathers must actually claim paternity; in others, just the possibility of paternity. The deadlines may be 5 days after birth or 30, or any time before an adoption petition is filed.

And registries are a double-edged sword: It remains an open question whether they serve more to protect fathers' rights or to protect adoptive parents, and the babies they have bonded with, from biological fathers' claims.

In many states, fewer than 100 men register each year — not surprising, adoption experts say, because most young men have never heard of the registries. One exception is Indiana, where men are notified of the registry when a birth mother names them as the father, and 50 men register a week.

Even for registered men, the system is flawed. Because the registries are state by state, a registration means nothing if the father or mother has moved — or if the baby was surrendered for adoption in a different state specifically to avoid a challenge.

Men's Rights Group Eyes Child Support Stay

Men's Rights Group Eyes Child Support Stay

I have to say that I agree with this idea in theory. I do think that men are afforded little choice other than to react to the choice of the woman. And as noted in the article, bringing a child into the world will have a huge impact on the future of both parents. It seems reasonable to assert that where the woman has a choice there should be a comparable opportunity for the male in the equation.

However, the possibility for this to actually work seems extremely unlikely. Truthfully, to me it looks like just another reason to take a he said/she said argument into court and allow judges to further intrude into family life.

My advice: If you are male and have absolutely no desire to procreate - irrespective of what a woman tells you about being on birth control, physically unable, etc.... PROTECT YOURSELF. I have a feeling that "loss of sensation" will be much preferred to fathering an unintended child.

Does this position do anything about the inequity in reproductive rights? NO. Are most of the women you know truthful when they say they are protected? Most likely. Does this make the gamble of protecting yourself not worth it? Absolutely not. Think about it, is the one who would lie about her reproductive capabilities really the one you want to have a child with?

I hate to say it this way but be a man, make the adult decision and ALWAYS, ALWAYS PROTECT YOURSELF.

Excerpts:

Contending that women have more options than they do in the event of an unintended pregnancy, men's rights activists are mounting a long shot legal campaign aimed at giving them the chance to opt out of financial responsibility for raising a child.

The National Center for Men has prepared a lawsuit - nicknamed Roe v. Wade for Men - to be filed Thursday in U.S. District Court in Michigan on behalf of a 25-year-old computer programmer ordered to pay child support for his ex-girlfriend's daughter. The suit addresses the issue of male reproductive rights, contending that lack of such rights violates the U.S. Constitution's equal protection clause.

The gist of the argument: If a pregnant woman can choose among abortion, adoption or raising a child, a man involved in an unintended pregnancy should have the choice of declining the financial responsibilities of fatherhood. The activists involved hope to spark discussion even if they lose.

"There's such a spectrum of choice that women have - it's her body, her pregnancy and she has the ultimate right to make decisions," said Mel Feit, director of the men's center. "I'm trying to find a way for a man also to have some say over decisions that affect his life profoundly."

State courts have ruled in the past that any inequity experienced by men like Dubay is outweighed by society's interest in ensuring that children get financial support from two parents. Melanie Jacobs, a Michigan State University law professor, said the federal court might rule similarly in Dubay's case.

The president of the National Organization for Women, Kim Gandy, acknowledged that disputes over unintended pregnancies can be complex and bitter.

"None of these are easy questions," said Gandy, a former prosecutor. "But most courts say it's not about what he did or didn't do or what she did or didn't do. It's about the rights of the child."

Lawdragon Web site will lift veil on judges

Lawdragon Web site will lift veil on judges

Excerpts:

The "secret society" of U.S. judges is about to be invaded by a Web site that lets people who have appeared before them rate judges in the first such public forum.

Lawdragon set out last summer to become the first Web site to allow legal professionals and clients to evaluate the nation's 1.1 million lawyers and judges.

Next week, http://lawdragon.com begins posting thousands of evaluations of judges and lawyers submitted by colleagues, clients and legal watchdogs -- a sort of Amazon.com of legal professionals.

Lawdragon.com now receives about 100 evaluations per day and last week scored 400,000 hits for its legal news content and lawyer directory.

The site also plans to offer a comparison of attorneys fees.

"This is a legal community online where you can have your voice heard," Dewey said. "At Lawdragon, they will be able to find the best lawyer, the cheapest one or somebody that can see them right away."

Shared Parenting Showdown

Read the latest Glenn Sacks newsletter (including updates on New York Shared Parenting Bill A330) by clicking here.

DIVORCE SUCKS

All of this discussion and cataloging of joint custody initiatives has resulted in *at times* forgetting my real position on divorce/custody. DIVORCE SUCKS even under the best, most amicable of circumstances.

Sure, I started this site because of my disgust at a legal system that appears to treat dads as little more than a source of funding. And I know that with no fault divorce - if this is the route your spouse wants to take you have few resources to impede the divorce.

I certainly would not advocate begging anyone to remain in their marriage - but then, who am I kidding? As a child of divorce between two parents with few differences other than conflicting outlooks - the kid left in me wants to scream stop it any way you can even if it means you have to drop to your knees and plead.

The adult in me is disgusted at that idea. I knew that my mother was cheating and I will be the first to publicly say that the best thing that ever happened to my father was their divorce. (The ensuing custody war is something else entirely). And yet, I still hear my seven year old voice wishing they "would get back together" and that things should just PLEASE go back to normal. During this period I loved and hated them both. I knew my mother had made the decision, I knew she had been cheating and I resented the almost instant presence of her new boyfriend in our home. But my dad had abandoned us (I can rationalize now that he obviously did not) but then I couldn't get my head around how he could leave OUR HOME and then let this new man show up, sleep in his bed, boss us around, etc....

Hmm, do I still have unresolved issues about my parents divorce? Absolutely.

The following is from an article printed earlier this month: Even 'good' divorces can make life highly stressful for children

Marquardt discovered that, even in "good" divorces where both parents worked together to make the situation as comfortable as possible for the children, 52 percent of those surveyed said that life was stressful, compared to 6 percent from happy marriages.

And the situation tended to make them feel isolated from both parents. In response to the survey question, "In thinking back on your childhood, when you needed comfort, what did you do?", 69 percent of children in intact families said they went to a parent, but only 33 percent of children of divorce did.

This and other data led Marquardt to the conclusion that - although children are better off after divorce when there was abuse, serial infidelity and other serious problems - they are not better off when divorce ends a "low-conflict" marriage.

"The children of low-conflict couples fare worse after the divorce because the divorce marks their first exposure to a serious problem. One day, without much warning, their world just falls apart," she writes in her book Between Two Worlds: The Inner Lives of Children of Divorce. Along with complete survey data and her analysis of it, the book also includes examples from her own life.

She describes a low-conflict marriage as one "in which parents divorce because they are unhappy or unfulfilled, or have other problems that are not seriously threatening." According to studies, she said, about two-thirds of marriages that end in divorce could be described as low-conflict.

She said she would not presume to tell people that they should stay together just for the sake of the children. What she would hope, she said, is that people who know that their spouse is a good person and a good parent will take her findings into account before going ahead with a divorce.

So what to do (if you are in what was described above as a low conflict marriage)? One of my first suggestions would be as soon as there is talk of divorce visit the uptoparents.com site and both go through the commitments. Try to aware your spouse of the research regarding children of divorce. Explore counseling/therapy to address issues within the marriage. And whatever happens - do not forget who will suffer the most and always keep the welfare of your children at the forefront of your mind.

Child-support plan prompts outcry - NH

Child-support plan prompts outcry

Excerpts:

The bill would give divorced parents who pay child support credit for the time they spend with their children, reducing their payments to the primary parents. Rep. David Bickford, the bill's lone sponsor, said the state's existing child-support guidelines are a relic from the days when divorces often resulted in one parent gaining full custody of the children. The system can penalize divorced parents who have partial custody, said Bickford, a New Durham Republican.

Bickford's plan would pro-rate child support so that a parent who makes payments would owe only for the days the other parent cares for the children.

Opponents said the bill could provide the wrong motivation for divorcing parents when negotiating time with their children.

Lawmakers who oppose Bickford agree that the system is imperfect, but they say that the Parental Rights and Responsibilities Act needs time to be observed before more changes are made.

"I think we need to not be so impatient," said Rep. Carolyn Gargasz, a Hollis Republican who opposed Bickford's bill on the House floor.

Bickford said his ultimate goal is to reform the New Hampshire child-support formula so that it's based on the cost of raising a child, not the income of divorced parents. Hiring the economist is the first step in that direction, he said.

The Feminist Anti-Kid Crusade

New Carey Roberts article: The Feminist Anti-Kid Crusade