| 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 Children’s
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 can’t
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 child’s 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
children’s 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 men’s 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 A’s, 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 children’s 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 mother’s]
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"
children’s 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 father’s
involvement in their children’s 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 child’s
viewpoint, cutting through the hysterical feminist propaganda and
hyperbole, and looking at the child’s 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 "debtor’s
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 father’s 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 children’s 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 Constitution’s 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 today’s 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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