As
someone who cares very much about the social and economic
welfare of mothers, I’ve been keeping tabs on the father’s
"rights" movement for several years. Although the movement
and its most aggressive advocates come across as little more than
a fringe element in a society that's still trying to figure out the
meaning of manhood and fatherhood in a half-changed world, the legislative
activism of fathers’ rights and "shared parenting"
proponents could limit the power of family courts to award custody
based on the best interests of the child. The movement's more moderate
adherents complain that the inalienable rights of divorced and never-married
dads -- particularly their right to due process and equal access to
their kids -- are routinely trampled by vindictive custodial mothers
and the family court system. Less image-conscious supporters are fond
of the kind of hateful misogynist invective that makes me want to
double-check the locks on my doors and windows at night.
Friends of father’s rights
typically interact through an expansive network of personal and
organizational web sites, blogs, and discussion forums, although
local groups also meet face to face. National membership organizations,
such as Fathers
4 Justice -- which was the subject of a May
8 cover story by Susan Dominus for the New York Times Magazine -- organize protests and guerrilla theater to call attention to
the grievances of non-custodial dads. Most pro-dad groups are pushing
for family law reform, particularly for the legal standard of presumptive
joint custody, which, with few exceptions, would require judges
to favor joint legal and/or physical custody in all child custody
disputes. In my own state of New Hampshire, representatives of the National Congress
of Fathers and Children (which promotes “equal opportunities
for fathers and children” -- apparently mothers don't rate
inclusion in the family equality scheme) are endorsing a bill to
cut state guidelines for minimum child support payments to the bone
and exempt fathers from paying child support when joint custody
is awarded -- even though under the terms of split or shared custody,
children may reside in their father's home as little as 35 percent
of the time.
One of the most striking
characteristics of American society in the late 20th and early 21st
century is that fathers and mothers have been forced, sometimes
reluctantly, to negotiate dramatically changed attitudes about gender,
work and family with virtually no support from the public or private
sector. Male and female roles in marriage and parenting have become,
if not completely transformed, at least more pliant. New educational
and employment opportunities for women -- and their desire for lives
that include more than being someone's wife, or someone's mother
-- contributed to skyrocketing divorce rates in the 1970s and 1980s,
and continue to reverberate through contemporary family life. A
national focus on the hardships encountered by "fatherless"
children has heightened cultural sensitivity to the socioeconomic
benefits of involved fathers (although research has yet to isolate
the negative consequences of fatherlessness from the effects of
poverty). What’s often left out of the fatherhood discussion
is that men who truly care for and about their children usually
express their commitment by maintaining a supportive, if not deeply
caring, relationship with their children’s mother. In an October
2001 commentary for Women's eNews, Robert Okun, a specialist
in men's issues and domestic violence, pointed out that many of
today’s dads, whether married, never-married or divorced,
are doing their best to stay actively involved in their children’s
lives. But of men in the organized father’s rights movement,
who typically represent themselves as the innocent victims of gender
discrimination and manipulative ex-wives, Okun writes: "Some
may very well be getting a raw deal. If so, it is essential that
divorce lawyers, psychotherapists, family service court officers,
mediators, guardians ad litem and judges educate themselves about
those circumstances and take steps to intervene when a man has been
erroneously targeted as part of a strategy in a contentious custody
complaint. However, in a dangerously high number of cases, many
of these fathers have a documented history of abuse."
Most family law and domestic
violence experts have reached the same conclusion, as have concerned
citizens who've taken the time to investigate the activities of
father's rights groups in greater depth -- notably Trish Wilson,
a freelance writer who considers exposing the shady underside
of the father's custody movement her part-time job. Ms. Wilson first
became curious about the movement when she stumbled into a father's
rights message board on AOL ten years ago. When she questioned the
accuracy of child support statistics posted on the board,
Ms. Wilson reports she was "attacked by the regulars there.
The woman who had posted the original out-of-context quotes told
me that I believed all women should have custody of their children
because they had uteruses, which is nonsense. There were similar,
ugly flames thrown at me by others. I was taken aback at how nasty
they were." Since then, Ms. Wilson has conducted extensive
research reviews and produced a series of articles disputing the
studies and data father's rights advocates use to justify their
intention to overhaul child custody and support laws. Although her
work has appeared in Off Our Backs and AlterNet,
Ms. Wilson publishes most of her analyses and commentaries on her
blog and a bare-bones personal
web site. Although NOW adopted a
resolution opposing the father's rights agenda in 1996, Ms.
Wilson notes there hasn't been much interest from mainstream women's
organizations in fomenting a counter movement. "From the beginning
there were no active organizations that worked for mothers who were
going through contested divorces," she says. "I'm one
of the few people who actually works on these issues, which disappoints
me greatly. Feminist groups have not taken much interest in divorce
and custody and how both affect women."
Feminism
is not the problem
Part of the problem may be that while progressive feminists emphasize that father's equal involvement in family life and child
rearing is essential to the advancement of women (you'll find
this viewpoint reflected regularly in the pages of the MMO, for
example), there are clearly a number of predictable situations
where the legal standard of equal-access parenting would be bad
news for mothers and children. When a parent is mentally ill or
has a history of spousal abuse, child maltreatment, or a past or
present substance addiction -- or has been convicted of certain
criminal offenses -- courts generally assign sole custody to the
more "fit" parent (although a recent National
Institute of Justice study based on custody mediation cases
in California found that battered mothers who reported domestic
violence to the court were less likely to be awarded primary custody
than those who were abused but did not report it).
Even those lobbying for a return of 1950s-style patriarchal families
admit the prevalence of intimate partner violence against women
is a significant drawback. As Tom Sylvester writes in a
2003 commentary for the Institute for American Values, "a
root cause of domestic violence is a distorted sense of masculinity
as male tyranny. Whether driven by jealousy, anger, or insecurity,
some of the most serious cases of domestic violence are committed
by men who try to control 'their women,' both emotionally and physically."
Research also suggests that men who abuse their wives are considerably
more likely than other fathers to abuse their children. Obviously,
not every aggrieved father who signs onto the father's rights movement
is an outright batterer or child abuser. But the core debate about fathers'
right to equal custody is not simply about protecting women and
children from domestic violence, or the difference between "good"
dads and "bad" dads, or even the contradictions of liberal
feminism. It's about preserving male privilege in and outside of
marriage, and whose needs and emotional well-being take precedence
when parents in disrupted families just can't get along.
My fascination with the murky world of the father's rights movement
was renewed a few months ago when I received a submission from Teri
Stoddard, the owner of Egalitarian
Feminists 4 Fathers, a blog highlighting the activities of fathers’
rights organizations in the U.S. and abroad. I'm generally leery
of anything that paints the fathers' rights agenda in a positive
light, but I wanted to know more about why a thrice-divorced mother
of four and self-proclaimed feminist would devote so much time and
energy to a cause that's transparently hostile to mothers (father's
rights supporters report that nearly a third of their number are
women; most are second wives, significant others or immediate family
of non-custodial fathers). And while I wasn't persuaded that MMO readers
would necessarily agree with the author's conclusions about the
moral mandate of equal parenting, I thought they might be interested
in reading an alternative perspective on fathers as caregivers.
I offered to publish Ms.
Stoddard's commentary as part of a point-counterpoint, as long
as I was able to confirm that all the factual information in her
story was accurate and used in an appropriate context.
Since more seasoned critics than
I have denounced the twisted logic and ulterior motives of father's
rights advocates -- big name supporters of father's custody include
right-wing radio personality Glenn
Sacks, archetypal anti-feminist Phyllis
Schlafly, libertarian commentator Wendy
McElroy, and masculinist Warren
Farrell, who rated a section of his own in Susan Faludi's Backlash (Farrell's latest book purports that women are paid less because they're less
willing, or less able, to compete on men's terms) -- there's
really no need to go into the details of the weird disintegration
of my communication with Ms. Stoddard. Let's just say that in the
five-week period I spent fact-checking several different versions
of her article, I learned more than I ever wanted to know about
the peculiar mindset of the father's rights crowd. But I also found out that irrefutable facts about the disposition of child custody in
the U.S. and the effects of different custody arrangements on children's
well-being are very hard to come by.
That father's rights
activists routinely circulate misinformation about the incidence
and severity of domestic violence against women and overestimate
the frequency of false allegations of child abuse is well known.
And proponents' charges of "parental alienation syndrome"--
the methodical denigration of one parent by the other with the goal
of turning a child against the absent party -- are a trademark strategy,
even though PAS is not recognized as a clinical disorder by reputable
mental health professionals. It's relatively easy to expose the
fallacy of this kind of subterfuge -- and to ferret out reports of
criminal behavior by high-profile father's rights organizers. But locating definitive
information on the connection between intimate partner violence
and child custody disputes -- and on either desirable or undesirable
outcomes of joint physical custody -- is considerably more challenging.
With the exception of Ms. Wilson, who has written about her personal
reasons for opposing the father's rights agenda and has provided
public testimony against initiatives for presumptive joint custody,
the motives and objectives of other individuals and citizen’s
groups mounting a resistance to the father's custody movement seem inconsistent and slightly dubious.
It's comparatively easy
to dig up reliable numbers on family violence, child abuse and neglect,
respective numbers of custodial mothers and fathers and their income
and earnings, and compliance with child support orders. In one way
or another, the U.S. government tracks these social indicators.
It's more difficult to determine exactly how mothers and fathers
are making out in family court, since the disposition of child custody
laws varies from state to state and records are usually sealed.
The best estimate is that around one million children are affected
by divorce each year, and in 72 percent of cases with a formal written
agreement, mothers retain sole custody; fathers are awarded sole
custody in 9 percent of cases, and joint custody is awarded in 17
percent. About one-third of children of divorced parents have no
regular contact with their biological fathers; many non-custodial
parents do not pay all the child support they owe, and many others
have no formal obligation to pay support. Custodial mothers are
44 percent more likely to live in poverty than custodial fathers,
and their earnings and standard of living tend to be significantly
lower than those of non-custodial dads.
Most marriage
and family experts agree that, whenever feasible, joint legal and physical
custody -- which allows children to spend substantial time with
both parents and permits both parents to be involved in decision
making in their children's day-to-day lives -- is preferable to
sole maternal custody with or without visitation, and the number
of joint custody awards has increased over the last decade. But
there is also a strong consensus among child advocates and researchers
who've studied the effects of divorce on children that when court-ordered
joint custody intensifies conflict between parents, it's less healthy
for children than other custody alternatives. Many domestic violence
experts also believe that forced joint custody in cases with a high
degree of parental discord puts mothers at risk for physical abuse
and emotional blackmail. Furthermore, a government-commissioned
meta-analysis of recent studies on child custody, paternal involvement
and children's well-being in the U.S. found existing research does
not conclusively demonstrate that children in shared legal and physical
custody are more well-adjusted or have better outcomes than those
in other custody arrangements (although several studies suggest
that children living with a biological parent and step-parent often
fare worse than those living in single parent households).
Whose
war is it, anyway?
First
and foremost, it's important to take into account that the vast
majority of divorced or never-married parents -- somewhere between
75 and 90 percent -- settle on custodial arrangements without resorting
to costly and acrimonious court battles. Despite the amount of media
attention they've managed to attract, proponents of the father's
rights movement represent a minority of divorced dads. Naturally,
how these men differ from all the other divorced and separated fathers
who aren't kicking up such a fuss is the first question that pops
into my mind. It may well be that some of these dads have been treated
unfairly by the courts, although research suggest that when fathers
seek primary or joint custody of their children, they often prevail
(and as noted earlier, a history of spousal abuse does not appear
to be a strong deterrent to awarding shared custody in these cases).
With that in mind, there
seems to be a distinct possibility that the circumstances fueling
the grief and outrage of father's rights activists are related to
personality factors rather than systemic ones. In a
methodical evaluation of factors that predispose couples to high
conflict divorce, Janet R. Johnston, co-author of Impasses
of Divorce: The Dynamics and Resolution of Family Conflict (1999), found that "separation engendered conflicts (the humiliation
inherent in rejection, the grief associated with loss, and the overall
helplessness in response to assaultive life changes) interact with
vulnerabilities in the character structure of some divorcing individuals,
making them especially prone to unresolved hostility and ongoing
disputes." Johnston also found strong evidence that "In
divorces marked by ongoing disputes over the custody and care of
children, both inside and outside the court, there is often a history
of domestic violence in the family and a likelihood that the violence
will continue after the separation."
A recent survey of 800
family law judges in major U.S. cities found that judges cite "parents'
ability to cooperate and communicate, both parents being involved
in the child's life, geographic proximity, parental agreement and
parental stability" as the top five reasons they would order
joint custody. Judges also reported that lack of parental cooperation
and communication was near the top of their list of reasons for
awarding sole custody. A 1998 study of mothers' custodial preferences
also found that mothers were more likely to favor joint custody
over sole maternal custody when they were experiencing low-levels
of conflict with their former spouse, low levels of anger/hurt over
the divorce, had few visitation problems and considered their ex-husbands
competent parents.
Given that marriages
rarely break up because both spouses' need for intimacy is being
met and everyone is getting along fabulously well, it's something
of a no-brainer to surmise that some, if not most, of the couples
who become embroiled in protracted custody and visitation disputes
simply aren't capable of sustaining the kind of non-adversarial
relationship that's necessary for effective co-parenting after divorce.
As Don E. Stott, a family court mediator in California, wrote in
a 2002 article for the American Journal of Family Law,
"A significant number of child custody disputes are indirectly
a result of the biological parents simply not liking each other.
Each holds the other totally responsible for the failed relationship
and feels the other should be punished by any means available. Although
the vendetta against the other parent has a negative effect on the
relationship of the children, the energy expelled to 'get' the other
parent can be tremendous." Stott also estimated that 65 percent
of the custody disputes he mediated were related to "one or
both parents being remarried and were directed, at least partially,
by the new spouse." According to Stott, the desire of one parent
to move to a new city or state also lands divorced parents in conflict
mediation. One of the most disturbing factors of these entrenched
custody wars, he remarked, "is that parents spend thousands
of dollars on attorneys, expert witnesses, and court costs, each
motivated by their anger toward the other parent -- funds that could
be better spent on raising the children."
This is not to dismiss
the real distress non-custodial fathers may feel due to separation
from their children. The tales of woe father's rights advocates
recount tend to be maudlin and somewhat suspect -- for example, one
man describes the two year-old son he's never met as "the
love of my life" (one might imagine that actually living
with a two year-old for any length of time would temper his boundless
affection). And what proportion of these fathers' sense of injustice is
triggered by the emotional deprivations of non-custodial parenting
and how much is motivated by the presumption of male entitlement
and a desire to control the lives of their ex-wives and children
is, in most cases, impossible to discern. (Some groups, including
Fathers 4 Justice, actively discourage members from using sexist
language or "personal attacks" that might make the father's
crusade look bad.) But I think it would be a mistake to assume the
anguish these men report is simply a ploy to gain sympathy for their
cause.
I've seen numerous testimonials
of father's rights activists' torment over not having a more constant
role in their children's daily lives -- and frankly, I don't buy
it. Anyone who's been an active caregiver knows that, emotionally
speaking, life with children is a mixed bag. Not to mention, you
can find an equal number of heartrending stories from mothers who
report they've been screwed over by abusive ex-husbands who used
the "friendly parent" strategy -- speaking and acting
before the court as if they were the more reasonable and accommodating
parent in the dispute -- to gain shared custody. But it did strike
me that when these angry men express the tenderness of their feelings
for their children, it sounds as if they're new to the experience
of being madly in love.
Maybe this isn't as far
fetched as it sounds. A recent article by Sean Elder in Psychology
Today suggests that men today feel "blindsided" by
the escalating emotional demands of egalitarian marriage ("The
Emperor's New Woes," April/May 2005). "Men have come
to accept -- even celebrate -- their wives' careers and paycheck
while learning, step-by-step, how to bathe the baby and baste the
turkey," Elder writes. (Note to S.E.: There's no such thing
as maternal instinct -- women learn these things "step-by-step"
too, big guy.) But in an age where it's no longer enough for a husband
and father to be a good breadwinner, some men are floundering as
they try to figure out how to "do" intimacy. In Edler’s
words, the "job description" of being a good husband and
father "has expanded to include listening and that least measurable
of skills, empathizing. Today, not cheating on your wife or beating
your kids doesn't make you a good husband and father." Men,
Elder notes, "did not ask to have their roles redefined."
But while some fellows may be lagging in their interest and ability
to make conscious connections with their wives, Elder reports that
"men have quickly become masters at another kind of intimacy:
fatherhood."
Many contemporary fathers
feel they are an upgrade from the previous version. Warm, loving,
generous fathers are lionized in the culture rather than scorned,
points out Terry Real [a Boston-area psychotherapist specializing
in men's relational issues]. "The current generation of men
is much better as fathers than their fathers were," he says,
"but it's not clear to me that we're much better husbands
than our fathers were." The difference is that much less
risk is involved in being vulnerable or intimate with your child
than there is with your mate. The relationship of parent and child
is not that of equals, and while we have a lot of expectations
of our children, we generally don't look to them for emotional
fulfillment.
This perspective might
explain why father's rights activists are so bitterly resolute in
their quest for "justice," but it's doesn't excuse their
possessive and bullying behavior. Nor does it imply that the fundamental
problem facing the men crusading for father's rights is the dissolution
of traditional gender roles. To the contrary, all available evidence
suggests that the majority of fathers are able to navigate new expectations
of married and divorced life without leaving so much ill will in
their wake. And needless to say, mothers can also play a role in
keeping post-divorce antagonism alive. But the whole truth of the
alleged dilemma of non-custodial fathers seems far more complicated
by personal characteristics than those who uphold their rights are
prepared to acknowledge. My impression is that for many -- if not
most -- of these disaffected dads, the critical adjustment needs
to take place at the individual level, not a legislative one. In
any event, it's unlikely the damaged hearts of these displaced patriarchs
can be repaired by imposing joint custody on their children's browbeaten
mothers -- however sweet the taste of victory.
mmo : june 2005
Judith Stadtman Tucker is the founder and editor of the MMO. |