| Source: Bill Wood http://waysandmeans.house.gov/humres/107cong/6-28-01/record/chillegalfound.htm
Statement of Bill Wood, and Jay Gell, Children's Legal Foundation,
Charlotte, North Carolina
Bill Wood is a Business Management and Technology Consultant volunteering his time to
help families and children in the State of North Carolina and around the country. He is a
principal custodian of a 9 year-old girl. Jay Gell is the Founder of the Childrens
Legal Foundation in Charlotte, North Carolina. A small group of about 10 people formed
after personal experiences with the excesses and abuses of the divorce Industry. Its
mission is to promote intact families and create national alliances to change the
child-destructive divorce industry.
Effects of Fatherlessness on Children Social Consequences.
"Children describe the loss of contact with a parent as the primary
negative aspect of divorce." 1 Meanwhile, society is just
now beginning to recognize on a widespread basis what children have known all along--;
father-absence is one of the most destructive forces to children in our society. As has
been noted "[f]ather-absence is the greatest social problem we face."2 Father-absence associated with divorce and sole maternal custody, is
the primary predictor of a host of societal ills affecting and destroying children
"The decline of fatherhood is a major force behind many of the most disturbing
problems that plague America: crime and juvenile delinquency; premature sexuality and
out-of-wedlock births to teenagers; deteriorating educational achievement; depression,
substance abuse, and alienation among adolescents; and the growing number of women and
children in poverty
Fathers are the first and most important men in the lives of girls. They provide role
models, accustoming their daughters to male-female relationships. Engaged and responsive
fathers play with their daughters and guide them into challenging activities. They protect
them, providing them with a sense of physical and emotional security. Girls with adequate
fathering are more able, as they grow older, to develop constructive heterosexual
relationships based on trust and intimacy
Why does living without a father pose such hazards for children? Two explanations are
usually given: The children receive less supervision and protection from men mothers bring
home, and they are also more emotionally deprived, which leaves them vulnerable to sexual
abusers
Even a diligent absent father cant supervise or protect his children
the way a live-in father can. Nor is he likely to have the kind of relationship with his
daughter that is usually needed to give her a foundation of emotional security and a model
for nonsexual relationships with men
3
Promiscuity, teen pregnancy, child sexual abuse, and ongoing difficulties in later
family life are results of feminist misandry infecting society with a "father
hatred" causing father-absence;
Single motherhood, once lauded by the feminist icon "Murphy Brown," has
thoroughly produced its cultural "poisoned fruit" (Candace Bergen 4 and the feminists then attacked Vice President Dan Quayle for his
support of the family). White teenage girls in 1988 were 72% more likely than their
father-present peers to become single mothers, while there was a 100% increase for black
teenage girls,5 other studies also reported up to a 600%
increase in teenage illegitimate births.6 Over 10 years later,
out-of-wedlock-births have reduced slightly and stabilized, while the subject population
has reduced accounting for much of the difference. 7 In
contrast, more involved fathers protect girls from engaging in first sex, lower the risk
of using illicit substances, and also reduce the risk of violent behavior."8 This protection "from engaging in first sex," or promoting
abstinence, is the most certain way to reduce teenage pregnancy and avoid a whole host of
issues caused by promiscuity.
Father-absence creates increases in child sex-role conflicts,9
and a 100% increase in gender identity struggles.10 Before it
became "politically correct taboo" to treat homosexuality as a potential malady
or disorder,11 father-absence created a significant increase
in the likelihood of homosexual behavior in males as well as females.12
The contrasts are striking because reversing the trend of illegitimacy requires, above
all, presence of a father in the daily lives of children. It is not just
"participation" of a father in the lives of children. It is primarily the
"presence" of a father:
"Fathers who actively engage in joint activities and interaction with adolescents
promote their educational and economic achievement and fathers who maintain a close stable
emotional bond with adolescents over time protect adolescents from engaging in delinquent
behaviors." 13
Some of the additional "poisoned fruit" deeply planted and rooted in young
women by the "enlightened, anti-marriage, male-hating feminists" include
difficulty for girls in building a stable family in adulthood,14
increased incidence of child sexual abuse,15 and heightened
incidence of fatal child abuse by mothers.16 Teenage boys
risk a 77% 17 to 100% 18
increase in
the overall likelihood of fathering an illegitimate child and therefore, as the
research has shown, perpetuating the father-absence cycle for another generation (or
generations to come). Teenage girls run a 92% greater risk of continuing the divorce
cycle. 19 Infants and toddlers (two and younger) proved up to
100 times more likely to be killed by stepparents than by biological parents.20 Preschoolers living without their biological father were 40 times
more likely to be a victim of child abuse as compared to those living with their father.21
Even stepfathers do not foster improvement much better than outright father-absence.
There seems to be little substitute for the presence of a caring biological father.
"Receipt of child support does not appear to make a significant difference" and
"the presence of a step-parent does not significantly improve a childs
situation, either."22 Children living with a mother and
stepfather fared poorly on most indicators. 23 Child abuse
occurs most frequently within stepfamilies, and, in fact, most sexual abuse occurs in
stepfamilies.24 Sexual abuse of girls by their stepfathers
can be at a minimum six or seven times higher, 25 and may be
up to 40 times 26 that of sexual abuse by biological fathers
in intact families. When it comes to the risk of abuse with unrelated males, Barbara Dafoe
Whitehead explains:
"Stepfathers also pose a sexual risk to children, especially stepdaughters.
They are more likely than biological fathers to commit acts of sexual abuse, and are less
likely to protect daughters from other male predators. According to a Canadian study,
children in stepfamilies are forty times as likely to suffer physical or sexual abuse as
children in intact families." 27
It is worth noting that stepfathers cannot make up for the lack of a biological father.
In fact, Maggie Gallagher notes:
"Children in stepfamilies do no better on average than children in single-parent
homes
Failing to understand the erotic relations that are at the heart of family
life, they [sociologists] failed to predict what, sadly and surprisingly, later research
strongly suggested: Remarriage is not only not necessarily a cure; it is often one of
the risks children of divorce face" 28
Father-absence promotes anti-social behavior as well as criminal activity and
psychological problems.
Delinquency of children, and in particular boys, is promoted by father-absence.29 The problems with not having fathers in childrens lives can
be so severe that they can cause an 86% increase in the likelihood that a child will
become a psychotic delinquent. 30 Some of the widely
recognized statistics of the ills, and cost to society of father-absence include; 90% of
all homeless and runaway children,31 70% of juveniles in
state-operated institutions,32 75% of all adolescent patients
in chemical abuse centers,33 85% of prison youths,34 and talk about promoting a danger to women -- up to 80% of
rapists, motivated by displaced anger.35 There is also a
threefold increase in the likelihood that a child will be involved in gang activity.36
Over the existing population, there is a 200% increase in the likelihood that a child
will require psychological treatment 37 with 85% of all
father-absent children exhibiting behavioral disorders38
This is a crucial point for consideration for every attorney, and every judge that
separates a fit father from his children. They are PROMOTING behavioral disorders. Low
self-esteem is suffered by both girls 39 and boys.40 There is a 200% increase in attempted or successful teen suicides
41 with 63% of all [successful] youth suicides from fatherless
homes.42
Academic performance is severely affected
Father-absence creates a significant decrease in school performance, 43
a significant increase in disruptive school behavior, 44 a
significant decrease in performance on aptitude tests, in cognitive skills, in terms of
grades, and is cumulative in nature; 45 and predicts truancy
and grade repetition. 46 Fatherless children also account for
71% of all high school dropouts. 47 Some of the affects of
this low academic achievement can be seen in the substantial increase in mens odds
of ending up in the lowest occupational stratum 48 repeating
the "illegitimacy cycle, and ending up "dead-broke" unable to support their
children.
In contrast to this academic destruction of children, father-present children "are
more likely to get mostly As, to enjoy school, and to participate in extracurricular
activities if their nonresident fathers are involved in their schools than if they are
not." The report laments that "[t]he majority of nonresident fathers,
however, are not involved in their childrens schools." 49
There are ample studies to show (explored later) that this is not entirely by their
choice.
Surprising CAUSES of Fatherlessness
Certainly, no reasonable person would suggest that some fathers do not abdicate, or
completely avoid and abandon their responsibilities to their child(ren). Surprisingly,
that is not one of the larger causes of fatherlessness. 50
The largest causes of fatherlessness will come as a surprise and shock to most. The single
largest reason that fathers do not see their children is a result of female-initiated
divorce for no "good" reason. 51 There are a number
of studies and commentaries that indicate the reasons of female-initiated divorce, and
rates that may be greater than 80% while most of the studies indicate 66% - 75%. 52
"In reality
throughout most of North American history wives have filed
for divorce twice as often as husbands
"
The proportion of divorces initiated by women ranged around 60% for most of the
20th century, and climbed to more than 70% in the late 1960s when no-fault divorce was
introduced: so says a just-released study by law professor Margaret Brinig of George Mason
University in Arlington, Virginia and Douglas Allen, economist at Vancouver's Simon Fraser
University. The researchers undertook one of the largest studies ever on divorce, using
46,000 cases from the four American states that keep statistics on which partner initiates
the action. In addition to women filing twice as often, the researchers found, they are
more likely to instigate separations and marriage break ups.
The Brinig-Allen study also explodes the myth of the brutish husband, finding, for
instance, that cruelty is cited in only 6% of divorce applications in Virginia, one of the
few states that still uses fault grounds for divorce
Arizona State University psychologist Sanford Braver provides backup for the
Brinig-Allen study. In his new book, Divorced Dads: Shattering the Myths, Mr. Braver
surveyed 400 divorcing couples seeking causes for the breakdown of their marriages. He
found "violence or abuse strikingly absent." Instead, less dramatic factors
prevailed, such as "growing apart" or "spouse not able or willing to meet
my needs."
In 25% of marriage breakdowns
men have "no clue" there is a
problem until the woman tells them they want out.
[W]omen are more likely to file if
the divorce rate is high in their area or if their friends and families are doing it.
"Where the divorce rate is low so there's a lot of stigma attached,"
"they won't leave..."
"The rights of women in society have been pushed to such an extent that they now
feel if they're not happy, it's their partner's fault," says marriage researcher
Walter Schneider
"That perception is heightened by the social conditioning of
men to be chivalrous. Men have to be protectors of women and children, so they are
reluctant to become involved in an adversarial process against a woman. They're also less
likely to seek divorce because that would destroy their self-image as providers and
protectors of the family. It would destroy their world; all they've sacrificed for would
go down the drain."
Mr. Schneider points to an Australian study indicating that
divorced persons have
the highest suicide rate...
But according to Professors Brinig and Allen, [the mothers] custody of the
children may be the very reason her husband provides so little support. There are three
basic reasons people file for divorce they say: (1) to stop being exploited within the
marriage, (2) to exploit the other spouse by running off with marital investments, or (3)
to establish custody over children. They believe that determining which of the three
predominates could assist divorce law reformers.
If divorces result mostly from bad (or exploitive) marriages, the Brinig-Allen study
suggests, then divorce should be made (or kept) easier; if divorces result mostly from a
desire to exploit the partner, then it should be made more difficult or expensive; and if
it is custody outcomes which most influence divorce filings, a presumption of joint
custody, except where one parent can demonstrate the other is unfit, would "mitigate
the incentive for one party filing for the purpose of gaining unilateral control over the
children and therefore the other spouse."
After analyzing 21 wide-ranging variables, the Brinig-Allen study concludes that the
person who anticipates gaining custody of the children is the one most likely to file for
divorce. Therefore, Prof. Brinig speculates, if joint custody were the norm, there would
likely be fewer divorces, not more
In fact, however, divorce rates are plunging in states where courts typically award
custody of children to both parents. A study headed by Richard Kuhn of the Children's
Rights Council based in Washington, D.C., found that states with higher levels of joint
custody awards in 1989 and 1990 "have shown significantly greater declines in
divorces in the following years through 1995, compared with other states." Overall
divorce rates declined nearly four times faster in high joint-custody states compared with
states where joint custody is relatively rare. A large factor, the researchers believe, is
that joint custody "removes the capacity for one spouse to hurt the other by denying
participation in raising the children." 53
Dr. Richard Warshak, among America's leading experts on father custody, described the
history of routine custody arrangements as follows:
"In earlier times it was assumed that men, by nature, are better suited to protect
and provide for children. Since 1920, it has been assumed that women, by nature, are
better suited to love and care for children.
"These assumptions, which so powerfully affect so many children's lives, are based
on nothing more than folklore and sexual stereotypes... As guidelines for custody
dispositions, folklore, sentiment, and stereotypes are poor substitutes for factual
information. In the last two decades, social scientists have examined different custody
arrangements and their effects on children's development. If this information is ignored,
and we continue to allow myth and sentiment to rule custody decisions, we short-change our
children and we short-change ourselves." 54
Excerpt as adapted from US House of Representatives written testimony of Richard Weiss
and William Wood.55
Non-compliance with court ordered visitation is three times the problem of
non-compliance with court ordered child support and impacts the children of divorce even
more. And the picture gets worse. When mothers are awarded primary or "sole"
custody, 37.9% of fathers, end up with no access/visitation rights.56
And another study found that 42% of fathers fail to see their children at all after
divorce. 57 The very narrow difference (~ 4% variance)
between these two studies where the COURTS remove the father, and the overall loss of
parental contact indicates that the courts themselves are the biggest culprit in this. 58
Non-compliance with court ordered visitation by custodial mothers prevents 77% of
non-custodial fathers from being able to "visit" their children 59. 40% of custodial mother SELF-REPORTS indicate they interfered
with the father's visitation to "punish" childrens fathers, 60 other fathers "often experience intense conflicts with
their former spouses, and these conflicts typically interfere with their on-going
parent-child relationships." 61 Another study reported
that 25-33% of them outright DENIED visits (in defiance of an established order) 62 ~50% see no value in the father's involvement with the child, 63 and many use the children to retaliate against the father for
their own ongoing personal problems. 64 Sole custodial
mothers exert power and control to abuse court orders, denying fathers visitation, 65 and they would also sabotage fathers involvement in their
childrens lives. 66 And finally fathers absolutely WANT
to be with their children, or these child-destroying, spiteful acts would be useless 67 without a "control and power" incentive.
The court system does not enforce orders for "visitation" 68
but jails for non-compliance with a "child" support order. This is a clear
indication that the whole DIVORCE INDUSTRY 69 is about money 70 and children are just the "poker chips" in this high
stakes "game". Their destruction is just "collateral damage" for the
marriage hating special interests pushing their child destroying propaganda.
As the Family Law Quarterly noted as early as 1984, the majority view of the
psychiatric and pediatric profession is that mothers and fathers are equals as parents 71. There is an abundance of studies indicating fathers are equally
qualified parents. 72 And fathers have been seeking to be
involved in family matters for some time now. 73
The legal system uses an indeterminate criteria, pseudo-named a "standard"
called the "best interests of the child standard". If the courts were honest in
their use of the "best interests of the child" then so much social science
information and information that "[t]he primary negative aspect of divorce reported
by children in numerous studies was loss of contact with a parent" 74
could not be ignored so easily. After all, there is a repeated description of "the
dissatisfaction of so many youngsters who felt they were not seeing their fathers often
enough. If custody and visiting issues are to be within the realm of the 'best interest of
the child,' then such widespread discontent must be taken very seriously." 75 When examining the undisputed childs viewpoint, cutting
through the hysterical feminist propaganda and hyperbole, and looking at the childs
viewpoint, there is only one tenable answer--; the "best interests of the child"
dictates something akin to 50-50 shared parenting. "One clear message from the
accumulated divorce research is that children profit by continued [frequent] exposure to
both parents." 76
Unfortunately it is the rule, rather than the exception that trial courts are bound by
the relics of antiquated stereotypes in their dealings with child custody and visitation
questions. Especially when there are modern approaches that better serve the "best
interests of the child".
Courts are ruthlessly efficient in establishing specific standards, guidelines,
criteria and rules for dealing with Child Support where the state has a vested interest in
collecting TANF funds provided by the Federal Government. So much so that there are almost
NO reasons that some party cannot be found to PAY. Even in those cases where there is
CLEARLY fraud involved (such as in the case of an unfaithful spouse who becomes pregnant
and deceives the other).
Recommendations:
Make TANF funds contingent upon a statutory presumption of 50-50 shared parenting with
the rebuttal to that presumption being a VOLUNTARY reduction by either party, OR a
detailed finding of unfitness by one of the parties. 77 When
mothers are awarded primary or "sole" custody, 37.9% of fathers, end up with no
access/visitation rights 78.
Require all, or at least a portion of the TANF funds to be used to promote marriages
and father involvement. 79 [Federal and State governments
have an obligation of promoting "a more perfect union
establish[ing]
justice
insur[ing] domestic tranquility
promot[ing] the general welfare
and secur[ing] the blessings of liberty to ourselves and our posterity" 80. Anything less is a violation of the INTENT AND PURPOSE of the US
Constitution and is therefore, unconstitutional.]
Tie TANF Funding to enforcement of visitation orders. Courts ROUTINELY imprison for
Child support under the GUISE of "contempt" (which could reasonably be argued as
the forbidden "debtors prison"), yet rarely prosecute for, or enforce
visitation except under extreme circumstances. 81
Tie TANF fund bonuses, and additional block grants to those states that are successful
in reducing divorce, and in promoting stable families. If this is really all about
the children, then a fathers wallet can no longer be a substitute for his presence.
Change the Health and Human Services mission to strengthening marriages and parental
relationships, away from "divorce industry support." What greater "Human
Service" than promoting childrens Health by supporting marriage and fighting
divorce??
Have the Federal Government begin gathering social studies data once again. 82 In spite of the studies listed in this paper, the federal
government no longer collects data on many family issues and only the Census has given any
indication of how bad the situation REALLY is.
Conclusions:
In tying TANF funds to those things that are anathema to the divorce industry the
culture is stabilized, and the repair and restoration of our children can begin. It also
removes the pressure, and the performance measures from the state to knowingly, or
unknowingly, advance anti-family, and anti-father policies. While no "Family
Law" judge will admit it, it will also remove any incentive or pressure upon them to
"maximize" child support awards even if it destroys one parent or the family. 83 Additional benefits of a 50-50 legal and physical custody
presumption (akin to the Child Support rebuttable presumption), are: 1) Reduces parental
incentives to carry out litigation; 2) Reduces judicial discretion; 3) Creates greater
incentive to settle outside of court; 4) Lowers acrimony and "back and forth"
battles; 5) Lowers case backlogs and judicial burden and thereby maximizes judicial
economy; 6) Lowers some of the incentives to divorce; 7) Reduces some of the struggles
that children must endure by being "caught in the middle"; and a whole host of
other benefits.
No matter how mighty America may be, and no matter what this country may believe, there
is no nation in recorded history that has long survived the destruction of its families
and culture. There will certainly be those who are opposed to these recommendations, but
careful scrutiny will quickly reveal that they have some vested interest (usually
financially) in the continuation of the current family destroying, and child injuring
system.
In the shining light of the evidence, government and judicial policies that reduce
fathers to little more than "wallets" and do not promote involvement as their
PRIMARY focus, serve to undermine the Constitutions purpose of "a more perfect
union
establish[ing] justice
insur[ing] domestic tranquility
promot[ing]
the general welfare
and secur[ing] the blessings of liberty to ourselves and our
posterity." Fatherlessness studies can no longer be ignored for the affects it has on
our "posterity." The government and the judiciary MUST change their
"automatic-men-at-fault" policies lest our posterity look back upon this and see
todays policies as an attempt to undermine the Constitution and the country. There
is enough data to suggest that any policy OR PRACTICE by government, or its agencies, that
prevents father involvement, whether by legislation or judicial decree, is promoting child
abuse and may violate the intent of the United States Constitution (noted in the preamble)
making it unconstitutional!
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