Monday, May 12, 2008

Sharing Parents the Best Answer - North Dakota

Sharing Parents the Best Answer

From the article:

Information was also given that social science research supports shared parenting, and that the so-called "best interest standard" is really no standard at all.

A study was also presented stating that 70 percent of young adult children of divorces wanted equal time with the absent parent and that the remaining 30 percent wanted significantly more overnights with the father.

Labels: , , ,

Friday, February 16, 2007

Back From The Dead (Sort Of) And More News To Make You Mostly Nauseous

Hello, Hello - It's Been Too Long....

What can I say? I know I mentioned back in April of 2006 that I had taken a new job which I anticipated would severely limit my blogging opportunities. What even I did not realize then was how much this position would take away from my "blogging time."

Those who have spent much time with me (And you are out there ~ I've been getting your emails!) may have noticed that 95% of my posts were made during what is generally work hours on weekdays. Every once in a great while I would blog from home because I simply had to say something right away - but for the most part I allowed my company to pay me to blog.

This is not to say they minded, as they did not. Nor is it to say that it took away from the quality of my work, as it certainly did not. But that I took advantage of the free time I had during my workday and spent my nights and weekends enjoying my wonderful little family and not allowing myself to be consumed with this horrible reality 24 hours a day.

Where I was generally on the road for around a month a week at my last job - now, I am lucky to be home for a whole week at a time. Where my last position seemed to go from manic to dead and average about the same time period of each - this job never seems to dip below steady rush. Where I used to make catty comments about people who had a cell phone permanently attached to their ear - I recently sucked it up and bought the blue tooth headset thing as I swear I was starting to suffer from wrist fatigue. Where I used to scoff at airline mileage programs as I did not fly nearly enough to warrant understanding all the fine print - I just flew my sister to and from Hawaii for a wedding on miles alone.

This job has certainly changed a lot about my life.

And the point of all of this... It has turned me into a lousy blogger. More, it has made me the kind of blogger I hate - those who post on what appears to be a quarterly basis for what can be assumed no other point but to amuse the four friends who may check in or in the desperate hope to continue to accumulate a few cents from adsense.

I assure you I am neither - but you certainly couldn't tell from my abysmal posting of late.

My job slowly ramped up that by the end of the holidays I was functioning at full speed (or more so) and it seems if I am not in a meeting, or on a plane, in court, or driving (always, of course, on my cell phone), at soccer, baseball, basketball, football, class parties, feeding the gaggle of children my step son has brought home, or trying to have a meaningful conversation with my husband, I am crumpled into a small ball on the couch of the hotel of the day or preferably in my living room. Blogging has fallen precipitously on the list of priorities. If it makes you feel any better, I had to quit my book club outright.

And yet, when I (extremely infrequently) find time to check my personal email, I see new subscribers to the blog signing up almost daily and lots of email from readers checking in to see if I am still kicking around somewhere. Thank you all for your kind notes ~ I truly appreciate your thoughts.

I feel desperately uninformed lately. I have no idea if all the links on the site are still active and I could not provide any idea as to the state of my fellow bloggers. I have received suggestions for reciprocal links that I have ignored, requests for help or information that I have been unable to answer, and reader questions that continue to sit in my inbox (I suppose with the idea that someday soon I will sit down and answer them all in some great flourish).

And as I sit here on my first Friday evening home in three weeks - I mostly feel anxious to wrap this up.

But I owe you better than that - and I glanced at the most recent newsletter from Glenn Sacks which contained some (surprise, surprise) horrific examples of legal inequities and feminist nonsense that I feel compelled to pass on.

But first, let me be clear that I don't anticipate (unless I get fired) my postings to get any more frequent. And the little I have posted lately has for the most part been a regurgitation of information that can easily be found in readily available sources. I can't recall that last post I made in which I included a reasoned argument of my own. And while I will leave the blog up because I feel it continues to serve as a good resource - my contributions will be minimal and likely detached from the movement as a whole.

So... that being said, if there are any readers out there who feel as though they could "pick up the torch" so to speak and would like be able to post on the blog, please just shoot me an email (which I probably will not look at for several weeks - but be patient, eventually I will). You can find my email address under the links session on the main page. I have little criteria except for a belief that joint custody (legal and physical) should be the default and custody arrangements outside of this breakdown should have to be justified, move aways should never be allowed except under the most necessary and extreme circumstances, that there are both crazy/bad mothers and fathers, that when dealing with issues of family, divorce and custody there can be no absolutes, that kids (who have to be children of divorce) fair SUBSTANTIALLY better with two involved and cooperative parents, that this blog will always allow for dissent, that this blog will always provide reasoned and articulated positions with supporting evidence if at all possible and that this blog will never be used as a pulpit to simply attack those of other opinions or genders.

Hmm, maybe I had more criteria than I thought.

I started this blog in January 2004 - it has been a big part of my life up until recently. While I would love to have additional people to post, I would like to stay true to the reasons I began it in the first place.

Enough about all of that ~ on to the news....

All of the following came from a Glenn Sacks newsletter which you can access yourself by clicking here....

Colorado has a new paternity fraud bill SB 56.

Glenn wrote the following article: 'Duped Dad' Bill Could Foster Closer Ties.

Excerpts from the article:

SB 56, the new Colorado paternity fraud bill, addresses the dilemma faced by men who discover that the children they are paying child support for are not biologically theirs. The bill would allow “duped dads” to terminate their support obligations by utilizing DNA evidence.

Carroll and others seem to equate child support with fatherhood. There is nothing in SB 56 which prevents a father from continuing his relationship with the children, or from financially supporting them, as long as the mother allows it. If the bill’s opponents want to effectively preserve the bonds between these duped dads and their nonbiological children, their focus should not be on child support but instead on creating a presumption of shared parenting after a divorce or separation. Under this presumption, as long as both parents (including nonbiological fathers) are fit, they will each have the right to substantially equal physical time with their children. Such legislation would greatly reduce the number of men seeking to disestablish paternity.

On Point: Suffer the children offer a different point of view. Excerpts:

Dads, if you are the picky type whose parental love depends on a genetic link with your child, make sure to get a DNA test during a divorce. That way you can establish without a doubt whether your wife deceived you - and if the kid isn't yours, you may be able to toss the tyke overboard with a minimum of fuss, avoiding that everlasting nuisance of child support.

What's that, you say? A kid might grow to love or depend upon a "duped dad" as much as if the two shared a genetic profile? Tough luck. This is an age when adult convenience and autonomy trumps the interests and expectations of mere children. And that, not incidentally, is why it's so important that all right-thinking adults (or at least right-thinking men) support Senate Bill 56, which would allow a duped dad to take the DNA test any time during a child's life with an eye toward ditching child support.

Take a look at this press release about Sherri Donovan's new book Hit Him Where It Hurt$: The Take-No-Prisoners Guide to Divorce - Alimony, Custody, Child Support. My favorite excerpt:

Eighty-five percent of the time, it is the woman who initiates the divorce. Amidst the staggering emotional turmoil, they too often make hasty decisions and "play-nice" to get the proceedings behind them. The result: They get screwed.

I suppose at least she admitted women initiate the majority of divorces.

On a better note, Utah Senator Mark Madsen sounds like he might be a reasonable guy. In this article, Child-support delinquency could cost parents their licenses, it stated:

Sen. Mark Madsen, R-Lehi, said he wanted to see more punishments for those who interfered with the visitation rights of non-custodial parents before he could support another measure for collecting child-support payments.
"I'd like to see some parity," Madsen said. "There is already a disproportionate amount of methods (for punishing those who don't pay their child support)."

There is lots more in the newsletter like:
"A study in the January/February issue of the journal Child Development found that when nonresident fathers are involved with their adolescent children, the youths are less likely to take part in delinquent behavior such as drug and alcohol use, violence, property crime and school problems like truancy and cheating.
and

"Meanwhile, lobbyist Mike Robinson said that he has found multiple sponsors to draft legislation that would amend California's domestic-violence laws to apply to 'victims,' rather than only to women. He said the language has been approved by the Legislative Counsel. There are several Republicans who have said they are willing to sponsor the legislation, Robinson said, but he is trying to line up a Democratic co-author."

and

"Last week, the Florida justices ruled 7-0 against him. They said that Parker must continue to pay $1,200 a month in child support because he had missed the one-year postdivorce deadline for filing his lawsuit. His court-ordered payments would total more than $200,000 over 15 years to support another man's child.

plus

I've written before about the highly-publicized ruling in the Virginia/Vermont lesbian child custody battle between former civil union partners Lisa Miller and Janet Jenkins. After their breakup, Miller, the biological mother, moved to Virginia with their daughter Isabella, won sole custody, and excluded Jenkins from the girl's life.

I've noted that Miller's actions read like a checklist of what heterosexual women sometimes do to the fathers of their children, including: move the child far away; deny the noncustodial parent the opportunity to visit or co-parent the child; make an unsupported, dubious and oh-so-convenient accusation of abuse against the noncustodial parent; and pretend that the noncustodial parent is out-of-line or acting against the child's best interests by wanting to continue the relationship with the child.

Like most divorced dads do, Jenkins soft-pedals her ex-partner's appalling behavior, trying to avoid conflict in the interests of their child. She says that if she does win custody (which she should), she will be very careful to make sure that her former partner's relationship with her daughter is protected and respected.

and finally (though there is more I haven't mentioned in the newsletter)

"A proposed bill may force some Kansas parents to pay child support until their child reaches age 23. The bill was introduced last week in Topeka by the judiciary committee.
So visit Glenn Sacks to read the newsletter in its entirety.

Finally - Signs, Pictures and Billboards I Like (Or Don't)



What the hell is this? Apparently a marketing scheme by Court TV....



borrowed from Cartoon Barry Blog

We have seen this one before from ACFC:




As well as this one from NHCustody.org:





Labels: , , , , , , , , , , , ,

Wednesday, November 29, 2006

Michigan NOW Declares 'Action Alert' Against Shared Parenting Bill

Michigan NOW Declares 'Action Alert' Against Shared Parenting Bill

This is verbatim from an email:

Michigan shared parenting advocates and the Michigan chapter of the National Organization for Women are squaring off over HB 5267, a Michigan shared parenting bill which will be heard by the House Families and Children Services Committee on December 6. Last week NOW issued an "Action Alert" against the bill. Michigan shared parenting groups, including Dads of Michigan, the American Coalition for Fathers & Children's Michigan affiliate, the Family Rights Coalition of Michigan, and others, are rallying support for the bill.

You can access a list of Michigan legislators, their phone numbers and their email addresses by clicking here.

The Case for HB 5267

Michigan NOW makes its case against shared parenting and HB 5267 here.

I laid out the case in favor of HB 5267 and discussed many of NOW's criticisms in my co-authored column HB 5267 Will Help Michigan's Children of Divorce (Lansing State Journal, 5/28/06). Mike McCormick, Executive Director of the American Coalition for Fathers & Children, and I wrote:

"HB 5267 is primarily sponsored by Rep. Leslie Mortimer (R-Horton), who has been joined by 10 other legislators. When parents cannot agree on custody arrangements, the bill instructs courts to order joint custody unless there is clear and convincing evidence that one of the parents is unfit, unwilling, or unable to care for his or her child. A mediator will then help the parents draft a shared parenting plan based on each parent having substantially equal time with their children. The principle behind the bill is difficult to dispute--as long as both parents are fit and there are no extenuating circumstances, they should both share in parenting their children...

"NOW claims that HB 5267 'places the interests of parents over the child's interests.' Yet when researchers have examined children of divorce, and studied and queried adult children of divorce, they've found that most prefer joint custody and shared parenting.

"For example, 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.' His findings were published in Family Relations in 2003.

"Under current law, judges decide custody cases based on the 12 factors delineated in Michigan's Best Interest of the Child Test. Both the Michigan Bar and Michigan NOW assure us that this system is effective and should not be changed. However, the 12 factors fail to place sufficient emphasis on protecting children's relationships with both parents. According to the Michigan Family Independence Agency, the most common parenting time schedule in Michigan allows children only 15% physical time with their noncustodial parents.

"Moreover, the custody decisions based on the factors are often subjective and arbitrary. Under HB 5267 a court cannot deny requests for joint custody without stating its reasons on the record.

"Michigan NOW also asserts that HB 5267 will 'further impoverish children of separated or divorced parents' because in Michigan, as in most states, the amount of physical time divorced parents spend with their children and the concomitant expenses are calculated into the child support obligation. These fears are also unwarranted.

"Research demonstrates that joint custody leads to higher rates of child support compliance. This isn't surprising, since parents who are permitted little role in their children's lives have less motivation to make sacrifices for them. 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.

"While Michigan NOW is correct that there are fathers who put their pocketbooks above their children's best interests, they ignore the obvious converse. If a dad may seek 40 or 50% physical time with his children simply to lower his child support obligation, doesn't it also hold that a mother may seek 85% physical time in order to increase it?

"Both Domestic Violence Escape and NOW claim that the bill will put abused women in harm's way. According to DOVE, HB 5267 'sends a clear message to battered women and children that the 'rights' of a batterer take precedence over their safety and wellbeing.' Yet under HB 5267 only fit parents are eligible for joint custody--battered mothers should and would receive sole custody.

"Unfortunately, NOW, DOVE and other misguided women's advocates seem capable of recognizing only two types of divorces--ones where both spouses agree on a custody arrangement, and divorces involving domestic violence. However, the overwhelming majority of breakups fit neither profile. Instead, decent, fit parents often cannot agree on custody. In such cases, HB 5267 will ensure that children won't see one of the two people they love the most pushed to the margins of their lives."

You can access more information about HB5267 on Family Rights Coalition of Michigan site.

Labels: , , , , , , , ,

Friday, November 10, 2006

North Dakota Shared Parenting Initiative Defeated

Yuck.

This is from the Minot Daily News:

Measure 3, the shared parenting initiative, made a good showing early, but was ultimately defeated. Getting the issue on the ballot has raised awareness of concerns regarding child custody and child support. We expect the Legislature to take up some of those same issues in the near future.


Carey Roberts mentions this legislation is his most recent article: Bush Needs to Rein in Feminist Operatives

Excerpts:

And then there were the bureaucrats at the Administration for Children and Families (ACF) who didn’t like the idea of divorced fathers seeing their kids. So in direct violation of federal ethics rules, they took it upon themselves to tell the North Dakota legislators to defeat a shared parenting initiative.

Their reasoning? It’s better to let fatherless kids become drop-outs and juvenile delinquents – that way the state can rake in millions of federal welfare money.

Shame on ACF head Margo Bean for tolerating these bureaucratic shenanigans.

To his credit, President Bush did manage to shoehorn $150 million into last year’s welfare reform law to promote marriage and fatherhood. But that money will do little to stem the destructive effects of Clinton time-bomb programs like the Violence Against Women Act.

Labels: , , , , , ,

Thursday, October 19, 2006

SD Shared Parenting meeting

SD Shared Parenting meeting

The South Dakota Coalition for Shared Parenting will be meeting at the Sioux Falls Downtown library November 1, 2006 from 7PM till 9PM.

The library is located at 201 North Main in Sioux Falls. If you have questions about locating the library please call them at 367-8720.

We will be working out plans for getting information to the Taskforce on divorce, custody, and education.

Please pass the word to anyone who would like to be at the meeting and bring a friend.

http://www.sdsharedparenting.com/

Labels: , , , , ,

New Website - North Dakota Shared Parenting Initiative

Saturday, August 19, 2006

How courts discourage shared parenting in N.D.

How courts discourage shared parenting in N.D.

Excerpts:

The initiative addresses this issue by establishing a framework in which neither party has an incentive to go to court. Far from removing courts from the process, the initiative directs the court to put the appropriate burden of proof for removing a parent from their child's life on the parent who is objecting to the child keeping a substantial relationship with both parents.

Courts should not be in the business of picking winning and losing parents. They should maintain and uphold each parent's interest in their relationship to their children to the maximum extent possible.


Other articles about the shared parenting initiative in North Dakota:

Measure complies with federal law

State wants to protect revenue stream

Stand up to federal bullying, North Dakota

Labels: , ,

Tuesday, July 25, 2006

A House Divided - MA

A House Divided

The SJC's pivotal ruling on a joint custody case leaves a blended family caught in the middle and split in two

Excerpts:

Tristan and his 12-year-old brother, Spenser, are at the heart of a case the Supreme Judicial Court decided last week on the thorny question of whether a divorced parent with joint physical custody can move the children out of state.

The boys' mother, Betsy Shanley Coleman, who has a toddler by her second husband, wanted to return to her hometown of Bristol, N.H., where her new husband and his ex-wife share equal custody of their two sons. Shanley Coleman's ex-husband, James Mason, who lives in Nashua, N.H., wanted his sons, Tristan and Spenser, to stay in Chelmsford.

In its unanimous decision, the SJC upheld a 2003 family court ruling that ordered the boys to remain in Chelmsford schools and propelled Shanley Coleman to split her time between Chelmsford and Bristol, 90 miles apart, and sometimes rendezvous with her husband midway between the two towns.

The SJC, which had plucked the case from the docket of pending appeals, outlined a fundamental difference between cases in which one parent has physical custody and cases of joint custody. Although the well-being of a parent influences the well-being of the child, the SJC found, the benefit a parent may derive from moving carries considerably less weight in determining the children's best interests when custody is shared than when it is not.

``While a joint physical custody agreement remains in effect," Justice Judith Cowin wrote for the court, ``each parent necessarily surrenders a degree of prerogative in certain life decisions, e.g., choice of habitation, that may affect the feasibility of shared physical custody."

The SJC's decision not only guides future cases involving relocation and joint custody in the Commonwealth but also promises to generate wider interest because the SJC is a well-respected court and few state supreme courts have considered the subject. The ruling, says Jeff Atkinson, author of ``The American Bar Association Guide to Marriage, Divorce & Families," strengthens an emerging trend of courts looking at each case based on its particular facts without a presumption for or against allowing the move. It also comes in one of the most wrenching areas of family law.

The SJC pronouncement that pleases Mason leaves Shanley Coleman dismayed and awaiting action on her separate petition in family court for sole custody. Their sons, who the trial judge noted had expressed interest in spending more time with their father, now clamor to move to Bristol and live primarily with their mother.

Shanley Coleman and Mason, who met as co-workers in a software company, wed in New Hampshire in 1985, and during the first years of their sons' lives Mason cared for them while Shanley Coleman worked. When they divorced in 1998, they agreed to move from Hampton, N.H., to within 25 miles of Chelmsford to be near her job in Lowell and his in Lexington. They agreed to joint legal custody. They also established a parenting schedule that favored Shanley Coleman when school is in session but, as with many divorce agreements in recent years, did not label the arrangement either joint physical custody or sole physical custody with visitation.

Labels: , ,

Saturday, July 22, 2006

North Dakota Shared Parenting Initiative Will Help Children of Divorce

North Dakota Shared Parenting Initiative Will Help Children of Divorce

Excerpts:

The North Dakota Shared Parenting Initiative is based on the belief that all parents have a fundamental liberty interest in the care and custody of their children, and that no fit parent can lawfully be denied custody of his or her children. Under the Initiative, when family law courts adjudicate a divorce, unless there is clear and convincing evidence that a mother or father is unfit, all parents will have joint legal and physical custody of their children.

The CCCRC claims that the Initiative places the interests of parents over the interests of children. Yet when psychologist Joan Kelly examined children of divorce, she found that they “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. An Arizona State University study queried adult children of divorce, and found that more than two-thirds believed “living equal amounts of time with each parent is the best arrangement for children.”

Labels: , , ,

Friday, July 14, 2006

Divorce law change gaining attention - LA

Divorce law change gaining attention

Excerpts:

Hailed as the first uniformly applicable legislation since “no-fault” was introduced in 1969 that makes divorce harder to get, Act 743 doubles the living-separate-and-apart waiting period from six months to one year when minor children would be affected by a no-fault divorce. If it is demonstrated that one spouse is guilty of child or spousal abuse, the current waiting period remains unaffected.

Alexander justified his legislation on the basis that divorce hurts children: “We know that in one-parent families, a child is twice as likely to drop out of school, three times as likely to become pregnant as a teenager, six times more likely to be in poverty and 12 times more likely to be incarcerated.” And he cited a study that said the change could cut the divorce rate by 23 percent.

Sen. Bob Kostelka, a retired judge who led the fight for the law in Louisiana’s Senate, reasoned that divorces “were often granted before the couple had worked out issues of child custody and support. That removed the option of reconciliation, because they would be divorced before they had settled important issues” that might have prompted meaningful counseling.

Louisiana Family Forum Action supported this reform legislation that aligns with recent polling data showing that 60 percent of Louisianians believe “divorce should be more difficult to get for couples with minor children than other couples.” A Time-CNN national poll has agreed with these findings.

Moreover, a study by Dr. Linda Waite revealed that “86 percent of unhappily married people who stick it out, find that, five years later, their marriages are happier.” Three-fifths who said their marriages were unhappy in the late 1980s and who stayed married, said their marriages were either “very happy” or “happy” when reinterviewed in the early 1990s.
Act 743 becomes the first enactment in pursuance of a 2001 study by the Louisiana Law Institute urging the Legislature to consider a number of divorce reforms, including longer cooling-off periods.

Labels: , , , , , ,

Monday, July 10, 2006

Parents need to focus on what’s best for children in divorce - Illinois

Parents need to focus on what’s best for children in divorce

Excerpts:

Divorce can affect each child differently, and parents need to learn how best to help their children through the situation.

For the last three years, Marriage and Family Counseling Service in Rock Island has offered classes on co-parenting after divorce or separation.

New rules enacted by the Illinois Supreme Court require parents in divorce proceedings to go through a class like the TransParenting class offered by Marriage and Family Counseling Service. Parents who have never married but who are going through a child custody case also will be required to take the class, said Rock Island County Circuit Judge Lori Lefstein.

The state supreme court announced the class requirement in February as part of a series of new rules to help ensure that child custody proceedings be handled expeditiously, competently and with great emphasis on the "best interest of the child."

The rules grew out of the continuing work of the special Illinois Supreme Court Committee on Child Custody Issues that was established in January 2002 to study child custody, parental termination and adoption issues.

Judge Lefstein said she often recommended the class to parents even before the requirement went into effect July 1. Even if the parents are going their separate ways, they can learn to work together for the sake of their children, she said.

"Co-parenting is a very different relationship than a spousal relationship," he said. "Even though the marriage is ending, the parenting continues."

It's important for parents to focus on the child, he said, even though they may have their own emotional issues to deal with.

Families who navigate divorce successfully are those who talk about it and continue to talk about it and allow children to have their say, he added. If a family doesn't address the issues raised during a divorce right away, it can cause problems down the road.

Tips for divorcing parents

1. Don't badmouth the other parent. "Kids have loyalty to both parents regardless of how great or lousy the person is," said Derek Ball, a licensed marriage and family therapist.

2. Don't make your kid the messenger. Your child will be very interested in what's going on and will want to get the inside scoop, but as a parent, do your own communicating with the other parent as much as possible.

3. Be a good listener. Mr. Ball said parents are quick to use opportunities to lecture or teach their child, but in this situation, your child just wants to be heard. Give them feedback to make sure you understand what they are saying.

4. Don't make your kid into your confidante. Your child needs to be allowed to be a child. Go to your friends, parent, pastor or therapist for emotional support, not your child, Mr. Balls aid.

Upcoming Dates
5:30-9:30 p.m. July 13
5:30-9:30 p.m. July 25
9 a.m.-1 p.m. Sept. 9
5:30-9:30 p.m. Oct. 24
5:30-9:30 p.m. Dec. 5


Cost: $50 per person

Location: Marriage and Family Counseling Service, 1800 3rd Ave., Suite 512 Rock Island
For more information, call (309) 786-4491.

Labels: , , , , , , , ,

Wednesday, June 14, 2006

The Health of Fatherhood

The Health of Fatherhood

Excerpts:

On the one hand, we have a vast empirical research literature showing that both children and fathers benefit on almost all conceivable outcome indices when they are involved in each others lives as the children are growing up and being guided by their fathers into adulthood and beyond.

On the other hand, we have the following widely accepted contemporary demographics: one third of children are born to women who are not married at the time of delivery (and presumably do not have a father involved in the child’s life on a continual basis); 50% of first marriages end in divorce and another 17% end in permanent separation yielding an effective two thirds marital dissolution rate for first marriages; the divorce rate for second and subsequent marriages is about 10% higher; and the cookie-cutter formula used by most states grants physical custody to mothers about 85% of the time with the father being awarded infrequent visitation along with child support and alimony obligations.


Second, a minimum of two out of three divorces are initiated by wives. In my view, this is because mothers get all of the marbles in divorce. Specifically, and with some state to state variability, mothers not only get the children (about 85% of the time) but they also get half of the marital assets (sometimes mostly the father’s assets) plus the father’s income to support her and the children often in the former marital home along with the tax benefits associated with the children. By contrast, the father gets to pay for and furnish an apartment and, if lucky, is awarded alternate weekends with his children, perhaps an evening in between, and perhaps half a summer and other holidays. Critically, when the children are with the father he must feed, shelter, clothe, and entertain them with whatever he has left over after he continues to pay child-support and alimony to his ex-wife.

Clearly, all the current legislative incentives to divorce belong to the mother and none to the father. The solution to increasing father-child relationships post-divorce -- and as a critical fringe benefit to reduce the divorce rate as the incentives to divorce disappear -- is to change existing state family law on three fronts: (a) Establish a presumption of equal shared parenting; and (b) establish equal financial responsibility for both mothers and fathers along with legally mandated financial accountability for both; and (c) change the child support models from income sharing models to child cost sharing models.


In closing, the bad news is that the health of fatherhood in 2006 is grim. The good news is that we got where we are today not through natural disasters but through woman-made disasters -- which can be reversed. Thus, we have the opportunity this Fathers Day, as we have every Fathers Day, to enhance the quality of life of America’s children and fathers through new political initiatives and public policy. However, we must act quickly, lest Fathers become yet another member of an exponentially expanding Endangered Species List.

Labels: , , ,

Activist for divorced dads throws hat in ring- NH

Activist for divorced dads throws hat in ring

Excerpts:

Republican Marc Snider of Merrimack accused incumbent Sen. Sheila Roberge, a Bedford Republican, of leading the charge to kill legislation (HB 529) to give fathers equal rights as parents in custody cases in the absence of evidence they should be treated differently.

Snider founded nhcustody.org, which has fought to reform divorce laws to give fathers a better chance at getting equal and joint custody. He has videotaped hearings of House and Senate committees to expand public awareness of how the Legislature has dealt with the issue.

Labels: , , , ,

Thursday, April 27, 2006

Joint custody works, but it's not easy

Joint custody works, but it's not easy
By Kirsten Feldman

Excerpts:

My children's father and I separated and then divorced several years ago, when my son was in kindergarten. Next year he'll be starting middle school.

I certainly think my children have benefited from joint custody, in our case meaning that they might spend some nights at their father's house and some nights at ours in a given week, and we trade off for vacations and holidays.

Their father and I are amicable, and we have worked out the intricacies of having bicycles, and homework, and sports equipment in the right place at the right time. We attend teacher conferences together. We have resolved thorny issues involving religion and dentistry and Christmas dinner. I hope we are setting a good example for our children of how to relate to someone with whom you differ.

Labels: , , , ,

Wednesday, April 12, 2006

Bill's Arena

It figures - as soon as I talk about scaling back I see something I just have to post.

Please stop by and show your support for Bill's Arena. The site is run by Bill, a 14 year old child of divorce. From the site:

Think about this. Imagine if you, the child of two divorced parents, had the the power to change something. What if you could see both of your parents equally? Well, such a thing exists, and it is known as "Presumption of Joint Physical Custody." That means both your parents have control over your skin! Just kidding, it means you see them equal amounts of time if they cannot agree on a visitation schedule. Right now you may be thinking, "Well, that makes sense. Why don't my parents do that concerning me?" Well, here is the truth. People just don't get along. There, I said it. People don't get along. It has gotten too easy to become divorced, I saw a billboard the other day that said that some attorney (or lawyer, depending on your preference) could divorce you from your spouse for only $500! Outrageous! Well, it gets easier. It has gotten to the point that whoever has more money can typically get the better attorney, so they can get all the belongings, and you too! It seems to me anymore like kids are treated like a stupid piece of junk belonging.

Well I had this smart idea. Lobby for Joint Physical Custody. Remember Martin Luther King Jr.? He had a very nonviolent protest idea that worked very well. Others have done that kind of thing with success, Gandhi (Sorry to any of those typo spotters. I can never spell his name right.) for instance. Well, what about this case? We have something in common, we want something. No, we need something. We need Joint Physical Custody. Let's walk, I say. I am going to have t-shirts made to give to anyone I know. When I am done I will post up a template for you to go to Kinko's or somewhere to have it made. Make signs up. Call anyone you know, no, call everyone you know. But don't start yet. We need to do it on one day, one day while the whole nation can sit and watch as their children march and fight fist less for something they want. I don't care where you live, ghetto, mansion. Shoot, if you have married parents, help us! You don't know what it is like! What if you had parents get divorced? Wouldn't you want to see both of them? Let's see if we can shoot for Spring Break 2007, the Georgia Legislature will be in session then.

Thank you to Disenfranchised Father via Broken Bread for this link.

Labels: , , ,

Tuesday, April 04, 2006

Arizona Divorce, Custody & Support Info

Women Have a Choice--Men Should Too

Latest article from Jeffery M. Leving and Glenn Sacks

Excerpts:

One and a half million American women legally walk away from motherhood every year by adoption, abortion or abandonment, yet somehow nobody labels them “deadbeats” or “deserters.” In over 40 states a mother can return the baby to the hospital within a few weeks of birth--completely opting out of motherhood with less hassle than it takes to return a DVD to Best Buy. Yet if the mother decides she wants to keep the child, she can demand 18 (or in some states 21 or 23) years of child support from the father, and he has no choice in the matter.

Research shows that many men are unwillingly drafted into fatherhood, just as Dubay claims he was. The National Scruples and Lies Survey 2004 conducted in the United Kingdom found that 42% of the women in the survey said they would lie about contraception in order to get pregnant, regardless of the wishes of their partners. According to research conducted by Joyce Abma of the National Center for Health Statistics and Linda Piccinino of Cornell University, over a million American births each year result from pregnancies which men did not intend.

Women’s advocates correctly note that pregnant women often have legitimate reasons for not wanting to be mothers, including youth, finances and the lack of a suitable relationship or marriage. Yet all of these apply equally to men. Women have a choice--men should, too.

Labels: , , , ,

Wednesday, March 29, 2006

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.

Labels: , , , , , ,

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.

Labels: , , , , , ,

Thursday, March 23, 2006

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.

Labels: , , , , , , , , ,

Listed on Blogwise Blogarama - The Blog Directory Blog Directory