Fathers' rights movement in the USA
Encyclopedia
Fathers' rights activists provide education, support and advocacy on issues of child custody
, access, child support
, domestic violence
and child abuse
and family court
issues. Members protest what they see as evidence of gender bias against fathers in the branches and departments of various governments, including the family courts.
, child support settlements and in a presumption of maternal custody. The group expanded into other states, changing its name to Divorce Reform in 1961. With the increase in divorce rates in the 1960s and 1970s, more local grassroots men’s organizations grew up devoted to divorce reform, and by the 1980s, there were a total of more than 200 fathers’ rights groups active in almost every state. These groups focused their actions on what they viewed as gender discrimination in family law, by engaging in political activities such as lobbying
state legislature
s, filing class action
suits, picketing
courthouse
s, and monitoring judges’ decisions through “court watches”. The 1990s saw the emergence of new and larger organizations such as National Fatherhood Initiative and the American Fathers Coalition. Several unsuccessful efforts were made to found a national organization to which local organizations could belong. As a result the movement remains mainly a loose coalition of local groups.
and must be decided under Common Law
. However, states removed decisions of divorce, child custody and child support from Common Law courts and assigned them to courts of equity. Michael Newdow contended that the best interest of the child standard as currently applied by family courts, violated the equal protection clause
of the U.S. Constitution.
that moves of greater than 20 miles (32.2 km) are not in the best interest of the children.
In 2004, some Massachusetts voters were offered a chance to vote on a non-binding ballot question about creating a legislative presumption for joint physical custody. One such question was "Shall the state representative from this district be instructed to vote in favor of legislation requiring that in all separation and divorce proceedings involving minor children, the court shall uphold the fundamental rights of both parents to the shared physical and legal custody of their children and the children's right to maximize their time with each parent, so far as is practical, unless one parent is found unfit or the parents agree otherwise, subject to the requirements of existing child support and abuse prevention laws?" Of those voters choosing to answer the above or similar non-binding ballot initiatives, 84.5% approved.
were signed into law in 2009:
SB 1628, sponsored by Senator Iris Martinez and in the House by Representative Deborah Mell, accomplished two things: It amended the Paternity Act and other Acts to insure that both parties be informed to their right to DNA testing before paternity can be adjudicated either through a voluntary acknowledgment, court proceedings or by an administrative law judge. It also amended the visitation interference section of the Criminal Code and made it a criminal offense to deny the other parent their right to parenting time or custody time. Previously, only visitation interference was a crime. (Signed into law: August 11, 2009)
SB 1590, sponsored by Sen. Pamela Althoff and in the House by Rep. Sandra Pihos, and which passed unanimously, allows children and non-custodial parents to use electronic visitation technologies such as email, telephone, internet and video conferencing. Illinois became the sixth state to pass Virtual Visitation Legislation which could enable virtual visitation
for incarcerated fathers. (Signed into law: August 11, 2009)
HB 4008, sponsored by Senate by Senator Martinez and Rep. Jehan Gordon, included the paternity provisions of SB 1628. It amended the Paternity Act to ensure that both parties would be clearly informed to their right to DNA testing before a voluntary acknowledgment of paternity is signed or a paternity order is entered. (Signed into law: August 14, 2009)
HB 2266, sponsored by Martinez and Rep. Ken Dunkin, amended the visitation interference section of the Criminal Code with the use of terms used in family cases today (i.e. parenting time and custody time). (Signed into law: August 25, 2009)
.
Parental rights activists claimed that employees of the Massachusetts Department of Social Services (DSS) removed children from their parents without cause. They add that these employees improperly received immunity from the Massachusetts Supreme Court, threatened mothers with the loss of their children to coerce them into divorce and to attend support groups. They claimed that these support groups served the dual purpose of allowing associates of DSS employees to receive government funding for running the support groups, and allowing the DSS employees to gain information used to remove children.
Female opponents at legislative hearings alleged harassment and threats of physical harm by advocates, while members stated that the National Organization for Women
and others had possibly fabricated the claims to get attention as part of a plan to paint non-custodial parents as extremists.
, revealed Captain America
and Batman
costumes, and placed a banner across Lincoln's chest reading "For the Fathers of the Nation; Fathers for Justice". Fathers for Justice indicated that they intended more protests in the near future.
, and pointed to long-held Supreme Court rulings that parents had a right to care for their children, the most recent being Troxel v. Granville
. Speakers included Judge Willie Lipscomb Chief Judge 36th District Court
Detroit, Michigan, Tim McKyer
, Dr. O. J. Shabazz, Evangelist Harlem Church of Christ, New York, NY. and Carol Rhodes - Former Michigan FOC (Friend of the Court) Enforcement Officer, Author Friend of the Court Enemy of the Family She stated that "Families that were bleeding from the pain of divorce and separation were insulted, tricked, lied to, and deceived by persons without adequate training".
in jail.
between children's best interests and fathers' rights.
About a Public Broadcasting Services (PBS) documentary about children and divorce, stating members commented that unlike a previous PBS documentary, the show was balanced, but portrayed the movement as promoting conflict, adding that the average viewer did not distinguish conflict in the public sphere from conflict in the home, which could hurt children.
Members also protested a Boston Globe article about a case in which a father successfully prevented a mother from moving children 70 miles away to another state. According to the campaigners, the article inappropriately linked the mixed feelings of the children to their inability to relocate with their mother and to the shared parenting arrangement rather than to divorce, adding that the reporter questioned the children about their living situation and thus exacerbated the conflicts felt by the children.
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
, access, child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
, domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
and child abuse
Child abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
and family court
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
issues. Members protest what they see as evidence of gender bias against fathers in the branches and departments of various governments, including the family courts.
History
The fathers’ rights movement in the US emerged with the founding of Divorce Racket Busters in California in 1960 to protest California's divorce laws, which they claimed discriminated against men in alimonyAlimony
Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...
, child support settlements and in a presumption of maternal custody. The group expanded into other states, changing its name to Divorce Reform in 1961. With the increase in divorce rates in the 1960s and 1970s, more local grassroots men’s organizations grew up devoted to divorce reform, and by the 1980s, there were a total of more than 200 fathers’ rights groups active in almost every state. These groups focused their actions on what they viewed as gender discrimination in family law, by engaging in political activities such as lobbying
Lobbying
Lobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
state legislature
State legislature
In the United States of America, a state legislature is a generic term referring to the legislative body of any of the country's 50 states. The formal name varies from state to state. In 24 states, the legislature is simply called the "Legislature", or the "State Legislature", while in 19 states,...
s, filing class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
suits, picketing
Picketing
Picketing is a form of protest in which people congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in , but it can also be done to draw public attention to a cause. Picketers normally endeavor to be...
courthouse
Courthouse
A courthouse is a building that is home to a local court of law and often the regional county government as well, although this is not the case in some larger cities. The term is common in North America. In most other English speaking countries, buildings which house courts of law are simply...
s, and monitoring judges’ decisions through “court watches”. The 1990s saw the emergence of new and larger organizations such as National Fatherhood Initiative and the American Fathers Coalition. Several unsuccessful efforts were made to found a national organization to which local organizations could belong. As a result the movement remains mainly a loose coalition of local groups.
Federal and state laws
Two Supreme Court explicitly stated, in complete agreement with a federal court decision, that custody of children cannot be decided in a court of equityCourt of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
and must be decided under Common Law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. However, states removed decisions of divorce, child custody and child support from Common Law courts and assigned them to courts of equity. Michael Newdow contended that the best interest of the child standard as currently applied by family courts, violated the equal protection clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the U.S. Constitution.
Wisconsin
Fathers' rights activists campaigned to change Wisconsin law, which allowed custodial parents to move up to 150 miles (241.4 km) away from their prior residence without informing the noncustodial parent, to create a rebuttable presumptionRebuttable presumption
Both in common law and in civil law, a rebuttable presumption is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise. For example, a defendant in a criminal case is presumed innocent until proved guilty...
that moves of greater than 20 miles (32.2 km) are not in the best interest of the children.
Massachusetts
Zed McLarnon alleged that Massachusetts family courts used phantom clinical evaluations kept in hidden files, secret hearings without the presence of both parents, and doctored of court hearing tapes. A father's rights activist appealed to a Massachusetts state legislator who wrote an environmental law (named Anti-Slapp) intended to protect whistleblowers from punitive countersuits by corporations and which was rewritten by the Massachusetts Supreme Court to immunize mothers and social workers who file false allegations, noting that fathers have virtually no remedy for false allegations of abuse.In 2004, some Massachusetts voters were offered a chance to vote on a non-binding ballot question about creating a legislative presumption for joint physical custody. One such question was "Shall the state representative from this district be instructed to vote in favor of legislation requiring that in all separation and divorce proceedings involving minor children, the court shall uphold the fundamental rights of both parents to the shared physical and legal custody of their children and the children's right to maximize their time with each parent, so far as is practical, unless one parent is found unfit or the parents agree otherwise, subject to the requirements of existing child support and abuse prevention laws?" Of those voters choosing to answer the above or similar non-binding ballot initiatives, 84.5% approved.
Illinois
In Illinois, the following laws co-authored by Jeffery M. LevingJeffery M. Leving
Jeffery M. Leving is a Chicago divorce attorney who specializes in Matrimonial and Family Law. He is known primarily for his vocal advocacy of Fathers' Rights and hosts two radio shows. His television and radio commercials are well known in the Chicago area.He is perhaps best known for his work in...
were signed into law in 2009:
SB 1628, sponsored by Senator Iris Martinez and in the House by Representative Deborah Mell, accomplished two things: It amended the Paternity Act and other Acts to insure that both parties be informed to their right to DNA testing before paternity can be adjudicated either through a voluntary acknowledgment, court proceedings or by an administrative law judge. It also amended the visitation interference section of the Criminal Code and made it a criminal offense to deny the other parent their right to parenting time or custody time. Previously, only visitation interference was a crime. (Signed into law: August 11, 2009)
SB 1590, sponsored by Sen. Pamela Althoff and in the House by Rep. Sandra Pihos, and which passed unanimously, allows children and non-custodial parents to use electronic visitation technologies such as email, telephone, internet and video conferencing. Illinois became the sixth state to pass Virtual Visitation Legislation which could enable virtual visitation
Virtual visitation
Virtual visitation is the use of electronic communication tools to provide contact between a parent and his or her children as part of a parenting plan or custody order...
for incarcerated fathers. (Signed into law: August 11, 2009)
HB 4008, sponsored by Senate by Senator Martinez and Rep. Jehan Gordon, included the paternity provisions of SB 1628. It amended the Paternity Act to ensure that both parties would be clearly informed to their right to DNA testing before a voluntary acknowledgment of paternity is signed or a paternity order is entered. (Signed into law: August 14, 2009)
HB 2266, sponsored by Martinez and Rep. Ken Dunkin, amended the visitation interference section of the Criminal Code with the use of terms used in family cases today (i.e. parenting time and custody time). (Signed into law: August 25, 2009)
Issues
Because the amount of federal funding to states depended on the amount of child support collected by the state, members of the fathers' rights movement allege that federal law (Title IV-D of the Social Security Act) discouraged laws creating a rebuttable presumption for shared parentingShared parenting
Shared parenting refers to a collaborative arrangement in child custody or divorce determinations in which the care of the children is equal or more than substantially shared between the biological parents.- Nature and History :...
.
Parental rights activists claimed that employees of the Massachusetts Department of Social Services (DSS) removed children from their parents without cause. They add that these employees improperly received immunity from the Massachusetts Supreme Court, threatened mothers with the loss of their children to coerce them into divorce and to attend support groups. They claimed that these support groups served the dual purpose of allowing associates of DSS employees to receive government funding for running the support groups, and allowing the DSS employees to gain information used to remove children.
Female opponents at legislative hearings alleged harassment and threats of physical harm by advocates, while members stated that the National Organization for Women
National Organization for Women
The National Organization for Women is the largest feminist organization in the United States. It was founded in 1966 and has a membership of 500,000 contributing members. The organization consists of 550 chapters in all 50 U.S...
and others had possibly fabricated the claims to get attention as part of a plan to paint non-custodial parents as extremists.
Lansing to Washington DC Bike Trek For Equal Parenting
In August 2007, Robert Pedersen and Rob MacKenzie made a Capitol to Capitol Bike Trek for Equal Parenting. This was MacKenzie's third annual trip. They appeared on Studio 1714. They were awarded a State of Michigan Special Tribute.Fathers For Justice Protest At Lincoln Memorial
On Friday, 18, August 2007, http://glennsacks.com/blog/?p=1063 Jolly Stanesby and Mike Downes of the United Kingdom climbed Lincoln's statue at the Lincoln MemorialLincoln Memorial
The Lincoln Memorial is an American memorial built to honor the 16th President of the United States, Abraham Lincoln. It is located on the National Mall in Washington, D.C. The architect was Henry Bacon, the sculptor of the main statue was Daniel Chester French, and the painter of the interior...
, revealed Captain America
Captain America
Captain America is a fictional character, a superhero that appears in comic books published by Marvel Comics. The character first appeared in Captain America Comics #1 , from Marvel Comics' 1940s predecessor, Timely Comics, and was created by Joe Simon and Jack Kirby...
and Batman
Batman
Batman is a fictional character created by the artist Bob Kane and writer Bill Finger. A comic book superhero, Batman first appeared in Detective Comics #27 , and since then has appeared primarily in publications by DC Comics...
costumes, and placed a banner across Lincoln's chest reading "For the Fathers of the Nation; Fathers for Justice". Fathers for Justice indicated that they intended more protests in the near future.
Family Preservation Day Rally
A national rally in Washington DC was held by Parents' and Family Rights Activists on Saturday August 18, 2007. Advocates explicitly compared their movement to the civil rights movementCivil rights movement
The civil rights movement was a worldwide political movement for equality before the law occurring between approximately 1950 and 1980. In many situations it took the form of campaigns of civil resistance aimed at achieving change by nonviolent forms of resistance. In some situations it was...
, and pointed to long-held Supreme Court rulings that parents had a right to care for their children, the most recent being Troxel v. Granville
Troxel v. Granville
Troxel v. Granville, 530 U.S. 57 , was a case in which the Supreme Court of the United States, citing a constitutional right of parents to rear their children, struck down a Washington state law that allowed any third party to petition state courts for child visitation rights over parental...
. Speakers included Judge Willie Lipscomb Chief Judge 36th District Court
District court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...
Detroit, Michigan, Tim McKyer
Tim McKyer
Timothy Bernard McKyer is a former professional American football player who was selected by the San Francisco 49ers in the third round of the 1986 NFL Draft. A 6'0", 174-lb. cornerback from the University of Texas at Arlington, McKyer played in 12 NFL seasons for 7 different teams from 1986 to 1997...
, Dr. O. J. Shabazz, Evangelist Harlem Church of Christ, New York, NY. and Carol Rhodes - Former Michigan FOC (Friend of the Court) Enforcement Officer, Author Friend of the Court Enemy of the Family She stated that "Families that were bleeding from the pain of divorce and separation were insulted, tricked, lied to, and deceived by persons without adequate training".
Barry County Equal Parenting Symposium
This symposium took place in June 2007. Carol Rhodes, Author of "Friend of the Court Enemy of the Family", explained that as a Friend of the Court worker, she was instructed to violate the law and lie to fathers and mothers. Jay Fedewa, Executive Director of Family Rights Coalition, discussed the status of Michigan family law. Lary Holland claimed that Federal Title IV-D Funding obstructs equal parenting. He explained that Title IV-D funding created a financial incentive for the Michigan Friend of the Court and other state child support enforcement agencies to create problems between parents, triggering enforcement actions for which they could collect federal dollars. Holland advocated Title IV-D reform, including income eligibility requirements to focus child support collections on low income children who he stated were being "drowned out" by a focus on collections for middle-income and high-income families. He argued that funding issues were a significant factor in preventing state legislatures from passing equal parenting bills. Michigan Representatives Glen Steil, Rick Jones and Fulton Sheen advocated equal parenting. Robert Pedersen discussed equal parenting and a bike trek for equal parenting.John Murtari
John Murtari was arrested frequently for caulking "I love Dom. Senator Clinton Please Help Us" and similar messages on the sidewalk of the Hanley Federal Building in Syracuse, NY. Murtari tried unsuccessfully for years to meet with Senator Hillary Clinton, who maintained offices in the Building. He previously held a 6-month long hunger strikeHunger strike
A hunger strike is a method of non-violent resistance or pressure in which participants fast as an act of political protest, or to provoke feelings of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most hunger strikers will take liquids but not...
in jail.
Barb Johnson
Barb Johnson, a litigator and member of the fathers' right movement, unsuccessfully ran for governor of Massachusetts in 2002 on a platform of court reform, the need for judicial accountability - particularly in the family-law courts and the abolition of judicial and quasi-judicial immunity. She was later disbarred for what she described as political reasons and for educating fathers about the improper assessment of guardian ad litem fees by Massachusetts family court judges. She attempted to create judicial accountability and abolish judicial immunity through her lawsuit against the Massachusetts Board of Bar Overseers et al. for acts of defamation and intentional interference with prospective advantageous business relationships associated with her disbarment.Media portrayals
Members of the fathers' rights movement criticized a 2005 New York Times Sunday Magazine article that began with the words, “…custody determinations are traditionally based on what’s in ‘the child’s best interest.’ But some fathers are now arguing – and agitating – for rights and interests of their own,” for creating a false dichotomyDichotomy
A dichotomy is any splitting of a whole into exactly two non-overlapping parts, meaning it is a procedure in which a whole is divided into two parts...
between children's best interests and fathers' rights.
About a Public Broadcasting Services (PBS) documentary about children and divorce, stating members commented that unlike a previous PBS documentary, the show was balanced, but portrayed the movement as promoting conflict, adding that the average viewer did not distinguish conflict in the public sphere from conflict in the home, which could hurt children.
Members also protested a Boston Globe article about a case in which a father successfully prevented a mother from moving children 70 miles away to another state. According to the campaigners, the article inappropriately linked the mixed feelings of the children to their inability to relocate with their mother and to the shared parenting arrangement rather than to divorce, adding that the reporter questioned the children about their living situation and thus exacerbated the conflicts felt by the children.