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research - USA - Minority report and recommendations
The American Fathers Alliance Bill Harrington
- President 611
Pennsylvania Ave., SE, Suite 363 Washington, D.C. 20003 (202)
543-
0615 afa@pipeline.com
(INTERNET)To: Mary Cathcart, Chair U.S.
Commission On Child & Family Welfare 370 L'enfant Promenade
#-616
Washington DC, 20047 Re: FINAL REPORT & FINAL RECOMMENDATIONS
OF THE UNITED STATES COMMISSION ON CHILD & FAMILY WELFARE
Dear Esteemed Colleague: To our country and
to the Congressional leadership,
including former Speaker Tom Foley for my nomination and selection
to the Commission, I thank you for the challenging opportunity
to meet so many interesting people and debate such enormous
issues of importance and consequence to families and to America.
I am honored to have served as a Commissioner with the United
States Commission on Child and Family Welfare. I respectfully
dissent from the majority report. Herein, I present my MINORITY
REPORT AND POLICY RECOMMENDATIONS TO THE UNITED STATES COMMISSION
ON CHILD & FAMILY WELFARE.
In conclusion of my tenure as Commissioner,
and as a preface to the enclosed Minority Report, I would
like to summarize these observations and conclusions: First,
I am extremely pleased and honored in all regards to have
had the opportunity to serve and to contribute to the work
of this Commission. In my opinion, the goals of Congress have
not been fully met due to this Commission's error in accurately
fulfilling its mandate. However, whenever any group joins
together to discuss issues and concerns relating to children
and families, I believe it is a good day for America.
This Commission succeeded in this regard. I
am encouraged by the benefit 65 million American children
will receive by the advancement of family policy debate stimulated
by the creation of this Commission and our recommendations.
Such debate is key to the understanding and the resolution
of any set of related issues of such great national importance.
It is clearly progress that we have joined in the same debate,
the issues of emotional and psychological contributions of
both parents with the financial support issue. These issues
have
been abstractly separated from one another.
We should be proud of the advancement made by
bringing them together for the first time at the national
level. I am deeply troubled, nevertheless, and
concerned with the question of whether we are moving fast
enough in our analysis to reach a point where we can reverse
the negative and destructive increasing trend of fatherlessness
and the correlated reduction in child well-being.
In my opinion, defining a national policy and
legislative agenda to address the concern of child welfare
could be quite simple: A national commitment to the preservation
and encouragement of the institution of marriage;
A national commitment to the re-inclusion and re-involvement
of fathers in family life, whether married or not;
A national commitment to support more and better involvement
of both mothers
and fathers with raising a child, regardless of marital status;
A national commitment to decreasing the number of children
raised solely by single-parents;
A national commitment to welfare reform that reverses prior
policy and places father-inclusiveness as a cornerstone of
all new policy.
With a renewed, enlightened and unprejudiced
public policy commitment America can protect its family of
all children, all mothers, and all fathers from alienation
of affections, from violence and abuse, and from the myriad
afflictions of poverty and social decay. It is my opinion
that this goal can be met ONLY by implementing an agenda toward
the above commitments.
Without alienating any sector of the American
constituency, we CAN offer the Great American Heritage to
our children and to future generations. To the witnesses who
have testified to this Commission, I wish to say that I am
one commissioner who read every statement and thoroughly appreciated
and benefited from the insightful comments that were offered.
I thank you for your contributions and for taking the time
to participate in this important process. To the Commission
staff and HHS employees assisting the Commission, I thank
you for all of your support and responses to my many requests.
Your work was deeply appreciated. I hope you benefited as
much as I have from working with these momentous issues. I
wish to thank Steven Zegas, Founder of Upbeat Dads, Inc.,
in Oakland, California, for donating his time to help complete
this Report and Recommendations, and for his expert technical
assistance. Finally, to my fellow
Commissioners, I wish to express my great pleasure and satisfaction
in witnessing the exchange of ideas and arguments regarding
American families and children. We proved that Americans of
widely diverse views can meet , debate, and still remain respectful
of the political process and our individual differences. July
1996 ORIGINAL SIGNED Commissioner United States Commission
on Child and Family Welfare To contact Bill, send correspondence
to: PO Box 5345 Tacoma,
WA 98415 206-272-2152 The American Fathers Alliance Bill Harrington
-
President 611 Pennsylvania Ave., SE, Suite 363 Washington,
D.C.
20003 (202) 543-0615 afa@pipeline.com
(INTERNET) COMMISSIONER BILL
HARRINGTON'S MINORITY REPORT AND POLICY RECOMMENDATIONS TO
THE
UNITED STATES COMMISSION ON CHILD & FAMILY WELFAREA COMMISSION
CREATED UNDER THE AUTHORITY OF: P.L. 102-521 10/25/92 U.S.
Code
Citation: 42 USC 12301 REPORT TO THE PRESIDENT AND THE CONGRESS
OF
THE UNITED STATES JULY 1996
"As a society, we must come to grips with
the obvious social reality that parental integrity, begets
parental responsibility, while parental disenfranchisement
quite logically begets parental despair, dysfunction, and
even disappearance. This tragic symptom triad constitutes
the destroyed
father syndrome.' a rampant and terrible psycho-social affliction
that is treatable and, more importantly, preventable. As with
all `diseases' a thorough understanding of its etiology is
essential before fruitful efforts at treatment (and prevention)
can reasonably be expected." Dr. Robert Fay, M.D.CONTENTSPART
ONE - COMMISSION PERFORMANCE This Commission Failed To Fulfill
Its Congressional Mandate p. 1 This Commission Rebuffed The
Specific Concerns And Issues Of 90% Of All Non-Custodial Parents..
p. 3 This Commission
Rejected Joint Custody, And Shared Parenting p. 4 This Commission
Recommended Eliminating Prejudicial And Hate Language In Family
Matters p. 5 This Commission Failed To Include In Its Majority
Report Vital Research On Unmarried Fathers And Fatherhood
p.5This Commission's Lack Of Interest In National Fatherhood
Events Report And, Act, In Accord With contemporaneous Federal
And Statewide Action To Restore Fatherhood p.7 Other Recent
Family
Policy Commissions Have Also ,Overlooked The Crisis Of Fatherlessness
p. 8 This Commission Refused To Hear And, Consider, Significant
Social Welfare Issues p. 9 Wrongful Government
Intervention In Family Life p. 9 A Fatherhood "Apartheid"
Policy Continues To Create "Fathers In Exile" p.
10 PART TWO - POLICY RECOMMENDATIONS53 Suggested Action Plans
For A Unified National Family Policy Which Emphasizes Father
Involvement As The Optimum Way
To Enhance Child And Family well-being p. 11 I.) White House
Action p. 11 II.) Congressional Action p. 12 A.) Congressional
Action - Tax Code p. 17 B.) Congressional Action - Welfare
Reform p. 18 C.) Congressional Action - Democratic And Republican
Party p. 20 D.)
Congressional Action - Child Support Collection Pilot Programs
p. 20 III.) State Action p. 22IV.) Adoption Action p. 23 V.)
Courts, Judges And Lawyers Action p. 23 VI.) Education Action
p. 24 VII.) Business Sector Action p. 25 VIII.) Family Violence
Action p. 25 Summary p. 26 PART THREE - FATHERS IN EXILESocial
And Cultural Roots Of 23,000,000 Fatherless Children p. 27A
Fatherless And -Less And -Less World p. 27 Blaming Fathers
For Fatherlessness p. 28 Has
History Conspired To Alienate And ,Exile Fathers? p. 29 The
American Family Man Today p.29 EPILOGUE p. 32 Welfare 1996:
HR 3734 - The Missing Element p. 33 WORKS CITED p. 34PART
ONECOMMISSION PERFORMANCETHIS COMMISSION FAILED TO FULFILL
ITS CONGRESSIONAL MANDATE
Today in America, 40% of the population
are directly affected by issues of children with separated
parents and this population requires the use of nearly 80%
of all social service dollars. In 1992, Congress acted upon
this priority issue: in order to have a balanced perspective
in the development of national
policy, Congress created the U.S. COMMISSION ON CHILD &
FAMILY WELFARE. The Commission was charged with the responsibility
to view the issues of divorce, paternity, custody and financial
child support from the non-custodial parent perspective and
report back to Congress and the President. When the Senate
passed the Child Support Recovery Act of 1992 (PL 102-521
) in which this Commission was established, the Congressional
sponsor, Senator Herbert Kohl, stated in a press release:
But I do believe that some NON-CUSTODIAL
PARENTS, most of whom faithfully pay their child support,
have legitimate concerns. They want to contribute to the emotional,
as well as the financial well being of their children... We
should look at this issue just as we studied interstate non
payment. This is what the legislation charges the Commission
to do. (Emphasis added) The term "non-custodial parent"
is virtually synonymous with the word "father" --
ninety percent of non-custodial parents are FATHERS. There
are more than 20 million non-custodial fathers in America.
Although the primary demographic profile and primary definition
of "non-custodial parent" is "father,"
the Commission failed to adequately consider or report about
the tragedy of FATHERLESSNESS in America, which affects 23,000,000
children without day to day contact with their fathers. Thus,
this Commission failed
to fulfill the Mandate of Congress - to create a report on
the concerns and issues which are unique to the non-custodial
parent's perspective. This Commission could not have fulfilled
its mandate while simultaneously wearing such enormous blinders
to the issue of Fatherlessness. This Commission could not
have fulfilled its mandate while simultaneously failing to
adequately consider and report on the issues from the perspective
of 90% of ALL non-custodial parents - Fathers. There can be
only one conclusion: this Commission failed
to adequately report on Child and Family Welfare because it
neglected to address the denigration and de- valuation of
fatherhood, and the socially devastating phenomenon of Fatherlessness
in America. Commissioned by the White House, prepared by senior
policy staff at the Department of Health and Human Services,
and addressed to President Clinton, the following excerpt
from a confidential welfare report profoundly underscores
the need for attention to Fatherlessness. In its loud and
clear call for greater public attention to the political status
of fathers who are - - again -- fully 90% of all non-custodial
parents, the White House Welfare Reform Task Force policy
report states: Under the present system, the needs, concerns
and responsibilities of non-custodial
parents are often ignored. The system needs to focus more
attention on this population and send the message that "FATHERS
MATTER". We ought to encourage non-custodial parents
to remain actively involved in their children's lives - not
drive them further away. The well- being of children who live
with only one parent would be enhanced if emotional and financial
support were provided by both of their parents. Ultimately,
the system's expectations of mothers and fathers should be
parallel. Whatever is expected of the mother
should also be expected of the father, and whatever education
and training opportunities are provided to custodial parents,
similar opportunities should be available to non-custodial
parents who pay their child support and remain involved in
the lives of their children. If they can improve their earnings
capacity and maintain relationships with their children, they
could be a source of both
financial and emotional support. Much needs to be learned
about non- custodial parents, partly because we have focused
relatively little attention on this population in the past,
and we know less about what types of programs would work.
(Welfare Reform Issue Paper, HHS Welfare Reform Task Force,
2/26/94, p. 37.) Tragically for America's needy children and
troubled parents, this Commission and the Majority Report
went in a different direction from its mandate. The Commission
failed to grasp and understand the Fatherlessness crisis and
the critical need to re- involve fathers in children's lives
for their well-being. Instead, the Commission opted for a
more distanced divorce reform-oriented agenda. Probably the
best way to ex lain the severe limitations of the Majority
Report is as follows: only about 30 /o of contested cases
move through the legal system. Around 70o/o of the cases are
resolved by default, largely finalized without judicial scrutiny
for the impact on the children. Overwhelmingly,
these cases result in sole mother custody. HOW CAN NO FATHER
BE POSITIVE FOR THE CHILDREN? Approximately 25% of the contested
cases drop out sometime in the year prior to trial. These
are cases where one parent usually loses their financial support
or they see what they believe to be the likely outcome, and
they compromise or surrender and the case is concluded. This
30% is the only group directly impacted by the Majority Report.
These are the most adversarial , most contentious cases, where
calmness and cooperation, and consideration of the best interest
of the child, are at a minimum. Additionally, we did not impact
any of the cases where the parents, for whatever reason, settle
out of court without any contested proceedings or they are
the parents who never file any paperwork. Surprisingly, this
percentage of both married couples and never-married relationships
who file no paperwork may be as many as
from 5% to 20% of all cases of separated parents with children.
For the stated reasons, a wider Commission agenda and recommendations
were deserving. In an effort to fulfill the Congressional
mandate for the Commission, the first-part of this Minority
Report intends to inform the President and Congress about
the multi- faceted roots and reality of the most pressing
issue challenging American families and family values today
-- Fatherlessness. Likewise, the second part
of this report suggests 53 Action Plans to bring to a closure
the two-century long trend of the denigration and desecration
of fatherhood. Lastly, the third part reflects the history
of limiting the fatherhood role to an almost exclusive Bread-Winner"
role. THIS COMMISSION REBUFFED THE SPECIFIC CONCERNS AND ISSUES
OF 90 % OF ALL NON-CUSTODIAL PARENTS The majority of men today
-- married or otherwise -- have rediscovered the importance
of fatherhood and
their children, and they want more day-to-day involvement
in raising their children. However, these responsible fathers
are challenged by deep cultural prejudice, mistrust, along
with a negative public policy bias for fulfilling their paternal
instincts. This Commission could have taken action to begin
to replace the lost honor and respect for fatherhood for these
millions of responsible, caring
fathers. However, this Commission ignored the institution
of fatherhood and fathers, who are obviously half of the parents
of the children who the commission is concerned about, and
for whom, the constitutionally protected right of parental
involvement is very problematic. In support of fathers, fatherhood,
families and children, the Commission could have loudly echoed
the credo in the White House Welfare Reform Task Force Report,
that "FATHERS MATTER."
Instead, this Commission completely failed to listen to the
message of one of its distinguished witnesses, Dr. Henry Biller,
author of Fathers and Families and The Father Factor. This
Commission completely failed to respond to the serious message
of David Blankenhorn's seminal 1995 book, Fatherless America.
This Commission could have stated conclusively, because there
was ample testimony to the fact, that the majority of absent
fathers are invited away as well as pushed and shoved out
of the lives of their children through powerful and persuasive
unintended consequences of public policy. The Commission could
have shown an intent to increase father involvement, by making
recommendations such as the ones in this Minority Report,
which could empower more fathers to navigate the legal and
social services systems in order to NOT be driven out of their
children's lives. This Commission could have addressed the
Fatherlessness issue in a positive way with the goal of enabling
more fathers and mothers to work together cooperatively. When
2- parent families stay together, there are fewer problems.
However, when parents separate and mothers overwhelmingly
get custody of the children, fathers have no social encouragement
or support for continued parental involvement. They are exiled
from their families and from their communities. After at least
thirty years of believing that fathers are expendable, evidence
now shows that public policy
which creates absent- fathers is devastating to children and
to society. This Commission could have reported the connection
between the breakdown of the community and the overwhelming
trend of Fatherlessness. In the 1950's, marital therapists,
real estate agents, advertisers, sociologists, and scriptwriters
urged Americans to cut ties with kin and neighbors who might
compete with lovers for
our attention, loyalty and obligation. The net effect of this
migration was to sever the extended family as a support base
for the children. Fathers were further isolated when the going
got tough and they left the family, ironically to "support
it." Instead of explaining the social and cultural factors
and public policies which are the primary causes of Fatherlessness,
this Commission
perpetuated the absence of fathers by not directly addressing
the fatherless issue. This Commission could have reported
the connection between the 1950's federally imposed "MAN
OUT OF THE HOME RULE" in welfare, and the resultant trends
of mother-only custody, Absent Father Syndrome, and overall
reduced protection of child welfare.
This misguided and failed federal policy created enormous
negative effects, far worse than the poverty-stricken households
for which it was originally intended to help. This policy
propagated the myth that fathers were expendable as parents
(except as breadwinners), a myth that invaded the formal welfare
system in the 1960's and was a feature of no-fault divorce
of the 1970's. The result was that by 1990, 70o/o of custody
awards were of sole custody to mothers. Interestingly, most
researchers fail to make the connection between
welfare policy and Fatherlessness. This Commission could have
reported all of these findings, and more, and could have rightfully
brought to the proper recognition the reality that father
involvement, and restoring dignity and honor to fatherhood,
are the keys to child welfare. Instead, the Commission allowed
prejudicial myths -- such as that fathers voluntarily walk
away from their
children -- to stand unchallenged. THIS COMMISSION REJECTED
JOINT CUSTODY AND SHARED PARENTING Page after page of the
Commission's Majority Report calls for parental involvement
by both parents, ostensibly stating that this goal needs to
be achieved, yet this Commission failed to recommend any specific
policy that would directly achieve this much needed result.
This Commission rejected every option and motion for support
of Joint Legal and Physical
Custody as recommended by several witnesses who backed up
their testimony with extensive research. This rejection occurred
without foundation or verified academic research in opposition.
The state of Texas adopted Presumptive Joint Custody in June
of 1995 (during the time of this Commission's hearings) and
the District of Columbia has followed suit in 1996. The trends
are clear. Shared parenting (joint custody) is the best option
for improving child well-being. Joint
custody should be the presumption and such a parenting plan
should be easily approved when a father seeks to give significant
parental involvement. The issue is not whether Joint Custody
is good or bad.
The Congressional findings in the Dec.
21 st, 1995 issue of the Congressional Record, in support
of Federal Welfare Reform (HR-4), discuss the disastrous consequences
to children of sole mother custody, which occurs more than
70% of the time. Shared parenting is simply the best alternative.
The motto that best describes this approach is: The Best Parent
Is Both Parents. The challenge is how best to make increased
parental involvement of BOTH FATHERS AND
MOTHERS happen with the least conflict. Dr. A. Frank Williams
(Cedars-Sinai Hospital, Los Angeles) authored a paper addressing
the critical assessment between shared parenting and parental
conflict. He concluded that shared parenting was only inadvisable
in cases of severe conflict. Otherwise, he said that "warring"
between parents usually subsided over time, and the best result
for children was still in place (shared parenting). He strongly
cautioned against "parentectomy," a rush to sole
custody where one parent is removed from the life of the child.
The Commission ignored this well considered advice and focused
on short term conflict, without resolving the factor of who
was initiating the conflict or understanding the tactical
legal advantages to the custodial parent that escalating conflict
provides in maintaining hegemony. Dr. David Poponoe's new
book, Life Without Father, argues for structured involvement
for men and fathers. Poponoe describes how marriage and commitment
to family serves to structure the energy of men into a positive
social life. The same argument can be made for the virtue
of continuing to involve fathers in family life following
parental
separation: if society wants and desires father involvement,
then it needs a process to allow that to happen. (Chapter
5 of Life Without Father should be required reading for judges
and all professionals in the business of deciding on residential
schedules between children and their fathers. The compelling
case for structured significant father involvement and benefits
is made in this chapter.
Fathers need quantity time to make their
specific parenting contributions to their children.) Statutory
shared or joint custody provisions, a detailed and specific
residential schedule adopted as part of a parenting plan,
a national registry of custody orders, and strict anti-interference,
pro-access law enforcement can provide the best assurance
against giving the millions of mothers who choose so,
the freedom to gradually and effectively keep fathers permanently
out of the lives of their children. THIS COMMISSION RECOMMENDED
ELIMINATING PREJUDICIAL AND HATE LANGUAGE IN FAMILY MATTERS
This Commission recommended a change in the use of terminology
which is discriminatory to non-custodial parents and highly
destructive to families and children's development. The Commission
recommended ending the legal and colloquial use of the terms,
"visitation' and "custody." These terms originated
in criminal law and have no
place in family law. A scofflaw in "custody" is
a citizen with restricted rights and freedoms. Is this the
meaning we are giving to children vis-à-vis the "other
parent"? Tragically, fathers are under the impression
that they must "gain a right" to "visit"
their children (even though the Constitution and the Supreme
Court already protects the right to a parent-child relationship.)
Do children also
think that "visiting" their father or mother is
a "special privilege?" These terms diminish and
undermine parent/child relationships. What are boys and girls
believing about men and fathers when fathers' "rights"
to 'parent" are routinely diminished to "visits"
and limited by judicial decree , then further interfered
with by mothers, all without social consequence (except in
worse- case scenarios)? "Visitation" is a tragic
word which undermines the very fragile parental relationship,
trust, bonding and authority that a non-custodial parent/child
already has. Allowing the use of this term to apply to children
engaged in parenting time with their "non-custodial"
parent is harmful. The child lives ALSO at the other home,
and is not just a visitor. The child's name is on the
door and the child should not feel the need to knock to enter.
The child needs identification with both parents. The term
"visitation" implies a special privilege that can
be revoked and easily restricted. It implies that the parent/child
relationship is on parole, and the parent/child relationship
is "granted" by an
authority far greater than the spiritual force from which
it originated. Today, the mention of "fathers" and
"fatherhood" is often greeted with scorn. Denigrating
statements are frequently used with fervor in political debate
and conversational language. The term "Absent Father"
is used pejoratively to describe fathers
distanced from children because of separation/divorce or out-of-
wedlock birth, although there is no reason why these millions
of fathers should be absent. Fathers are unfairly held responsible
for their absence when in fact, social policy has set the
stage for the abhorred "Disposable Dad" for many
decades. Men given only every other weekend to parent become
"Disneyland Dads" -- glorified baby-
sitters -- not a fully empowered or respected parents. The
denigrating term "Deadbeat Dad" is hate language,
used with equivalent contempt as the hate words "nigger"
and "bitch." "Deadbeat Dad" implies with
absolute certainty that a
separated father who has "allegedly" not paid child
support is de facto a bad father and not worthy of understanding
or support for what is often his own economic hardship, whereas,
a father who is with his family and who provides the same
level of financial support is still valued and respected!
(There is only one research report [Sorenson, 1995) which
attempts to explain the child support
situation from the father perspective.) Divorced and unmarried
fathers have become a hated and discriminated class. Given
the critical necessity of positive father parenting, the popular
denigration of fatherhood is devastating for the 23,000,000
AT-RISK children of America who need the attention, emotional
guidance and love of their fathers. Congress must protect
fatherhood, rather than jump on the father-hating bandwagon
by enacting more father- punitive legislation. THIS COMMISSION
FAILED TO INCLUDE IN ITS MAJORITY REPORT VITAL RESEARCH ON
FATHERS AND FATHERHOOD l.
Commissioner John Guidubaldi from Ohio,
a national divorce expert, was the director and principal
author of the largest American divorce study - Growing Up
in a Divorced Family: Initial and Long Term Perspectives in
Children's Adjustment (1987). This Commission had a national
expert as one of the Commissioners, however, it did not call
upon this expert witness. This Commissioner's expertise was
ignored by the Commission majority and excluded from the majority
report. 2. Social and illegal discrimination against unmarried
fathers is well documented. One witness, Professor Carol Lynn
Tebben, (University of Wisconsin) authored a law review article
titled: A Father's Right: Some Inconsistencies in the Application
of Due Process and Equal Protection to the Male Parent. Copies
of this thoughtful and fully researched article were distributed
to all Commissioners, but was ignored by the Commission majority
and
excluded from the majority report. For an example of discrimination,
this Commission witnessed a healthy tension between the proponents
seeking to protect the legal rights of unmarried fathers,
and those favoring increased support for adoption. Adopted
children are usually born to unmarried parents where the fathers
most often do not know they are fathers until very late. There
is a serious injustice to children created by denying unmarried
fathers the same
legal rights as married fathers. Hopefully, the tragic lessons
of the "Baby Jessica" and "Baby Richard"
cases will not have to be repeated. The Supreme Court's constitutional
equal protection ruling in Stanley v. Illinois should govern,
but it is circumvented routinely in the adoption world as
a matter of policy, where
fathers' rights are often shunted aside in favor of mothers'
choices. I believe an expanded campaign for adoption can proceed
without denying rights to fathers. 3. This Commission received
a report by the National Research Council: America's Fathers
and Public Policy. The report was the product of a national
conference
sponsored by the National Academy of Sciences which involved
several
policy experts in September, 1993 in Washington DC. This report
called for attention to several program areas of special need
for fathers and their children but was ignored by the Commission
majority and excluded from the majority report. 4. Research
showed that over the last 14 years, divorces were initiated
by mothers in 65% of the time, and 25% by fathers (the balance
being jointly
initiated.) Despite mothers' overwhelming initiation of the
breakup of the family, this Commission failed to illustrate
how both politically and legally, fathers and husbands are
falsely blamed for the breakup of families and for "forcing"
children into impoverishment. In reality, many men are forced
into impoverishment
by mandated support awards which exceed what would actually
be spent
on the child in a marriage, and which do not place the burden
of support equally upon both parents. The Commission could
have pointed out that the "fastest way anyone ever devised
to get a pension is marriage." After several years, she
gets the home, he gets the mortgage; she gets the kids, he
gets the support payments; she gets the insurance, he gets
the premiums. The popular knowledge that "she wins, why
fight?" keeps many men from trying to stay involved as
fathers. Overwhelmingly, children are routinely awarded to
mothers, while fathers must fight an uphill battle just to
attain equal parenting. Putting the blame on fathers is unjustified,
but this information was ignored by the Commission majority
and excluded from the majority report. 5. Research showed
that nearly 80% of unmarried fathers are either at the hospital
when their child is born or at
the hospital before the mother and child leave after childbirth.
Since mothers are the only legal parents at birth, the unmarried
father is not allowed to sign either the birth certificate
or establish paternity without the prior written approval
of the mother. Despite this policy, it is the fathers who
get the blame for not establishing paternity -- although they
are present 80% of the time! This research is in the Commission
files but is not being reported to Congress simply because
these facts go against the deeply-rooted myth that unmarried
fathers do not care about their children, even though fathers
actually care about their children as much as mothers do.
This information was ignored by the Commission
majority and excluded from the majority report. THIS COMMISSION'S
LACK OF INTEREST IN NATIONAL FATHERHOOD EVENTS IS NOTEWORTHY
IN
ITSELF 1. The National Fatherhood Initiative conference in
Dallas, October, 1994, resulted in the production of a booklet
of hundreds of research findings called Father Facts, which
was distributed to all Commissioners, but was not used in
the final report. This booklet contains compelling facts about
the absolute importance of father/child relationships and
their vital importance to society's
health. 2. Football stadiums all over America were filled
in 1994, in 1995, and again in 1996 by Promise Keepers: millions
of Christian fathers and husbands talking about commitments
to spouses, families and children. This compelling sensitive
message of millions of men committed to fatherhood was ignored
by the Commission. 3. In the summer of 1995, a march and rally
of 1,000,000 Black Men was announced for October, 1995 in
Washington D.C. The rally's agenda and message was to renew
a commitment to personal responsibility, children and families.
Black fathers account for 70o/o of the children born out-of-wedlock.
These fathers fully deserved the attention of this Commission,
which did not happen. THIS COMMISSION FAILED TO INCLUDE IN
ITS REPORT AND ACT IN ACCORD WITH CONTEMPORANEOUS FEDERAL
AND STATEWIDE ACTION TO RESTORE FATHERHOOD All of the following
events happened during this Commission's tenure in 1995, but
despite such national attention being contemporaneously given
to Fatherlessness, this Commission ignored fatherhood issues
and adopted no recommendations directed specifically at helping
fathers regain their lost place of honor in the community,
and literally in the American family. The failure of this
Commission to include these national actions in its report,
and to act accordingly, is a serious loss for the fatherless
children that the Commission should have addressed. l. President
Clinton took action
on fathers issues in 1995. The President's June l6th executive
order to all federal departments and agencies required an
internal investigation and report of national father policy
for the first time in American history. HHS Secretary Shalala
issued an October l6th report in response to the President's
directive. (An additional symposium of national policy researchers
was convened in March,
1996, to further prepare policy makers with the current status
of father involvement and needed research.) 2. Vice President
Gore has held several White House meetings on fatherhood issues
and has created a Father-to-Father program. The White House
meeting on June 13, 1995, showcased individuals and organizations
working on fatherhood issues at the state and community levels.
(Commissioners Guidubaldi and Harrington were honored to be
a part of this conference and discussion.)3. The National
Governors Association took official policy action on fatherhood
issues, at its July, 1995 meeting. The State of Maryland held
two days of meetings on fatherhood involvement issues and
strategies in June, 1995, sponsored by the Dept. of Social
Services. The Virginia welfare reform effort focused on fatherhood
issues. The Virginia Health
Dept. printed a booklet titled: Fatherhood and Family Health,
in Sept. of 1995. California Governor Pete Wilson sponsored
a one day intensive seminar on fatherhood issues that he personally
attended in June, 1995. Additionally, in 1995, Gov. Wilson
sponsored a 3-day conference on fatherhood policy options
with open participation from the audience. (A 2-day, Fathers,
Families and Communities conference was held in June, 1996,
and a 1997 conference has been announced.)
All of these are very important events that will help advance
knowledge about the importance of fatherhood to the social
services system, however, they too were overlooked by the
Majority Report. OTHER RECENT FAMILY POLICY COMMISSIONS HAVE
ALSO OVERLOOKED THE CRISIS OF FATHERLESSNESS Provocatively
titled, Barbara Defoe Whitehead's thoughtful analysis, Noble
Failures: A History of Family Commissions, states how family
policy commissions generally fail to address factors such
as values, and therefore fail to be effective
in creating change for the better. In comparison, former Commissions
were given far greater resources than this Commission: 1.
Congress created the National Commission on Children, headed
by Senator Rockefeller. The Commission was appropriated several
million dollars and had a two and a half year plus schedule
to do their work. They held a combination of 11 hearings,
town hall meetings and focus group sessions all over America.
2. In 1988, as part of the Family
Support Act, Congress created the U.S. Commission on Interstate
Child Support headed by Margaret Campbell Haynes. The Commission
was appropriated $2,000,000 and two years to do their work
and generate a Final Report. The Child Support Commission
held seven (7) hearings throughout America plus a National
Leadership Conference in Atlanta for three days. No policy
stone was left unturned and no possible method of collecting
unpaid child support was left un- reviewed. Fathers were clearly
the target of most of the Commission recommendations. Several
Commission recommendations have been approved by Congress.
3. President Bush allocated $1,000,000 to the Presidential
Commission , Families First - The Commission on America's
Urban Families. It held 15 public hearings and focus group
sessions along with site visits. Their report focused on marriage,
family, and societal pressures. This widely unrecognized report
was
very useful to this Commission. 4. Congressional treatment
for the U.S. COMMISSION ON CHILD & FAMILY WELFARE stands
in stark contrast. This Commission was authorized $4,000,000
but appropriated only $250,000 to undertake four main subject
areas, with a priority on the non-custodial parent perspective.
Instead of 2.5 years to do its work, the Commission was restricted
to only 8 months. The Commission first met on January 10th,
1995 and its final meeting was on September l5th, 1995. There
were only three hearings and
Commissioners were not allowed to attend all hearings because
of fiscal restraints. This Commission could have recognized
and easily supported the basic value of increased father parenting.
Because of its failure to do so, the Commission's work ranks
with the reports of other Commissions that have failed to
recognize and understand the value of fathers and fatherhood
and the devastating impact of fatherlessness, along with the
decline of the traditional family. This Commission failed
to recognize the need for informed father-
involvement policy and did not appropriately address the father-
involvement void. This Commissioner personally witnessed the
historic September, 1995, Senate debate on national welfare
reform. U.S. Senators debated, argued and wondered about divorced
fathers "allegedly" running away from their family
responsibilities and their children, forcing taxpayers to
support the remaining
family. No Senator offered explanations or understanding from
the father perspective. There was no informed opinion offered
based on fatherhood research or other reliable sources of
information about fathers and family breakups. Therefore,
Senators could not understand that there are social and political
reasons behind each unmarried or divorced father who could
not meet their fatherhood responsibilities, establish paternity,
or pay child support. Due to
the fact that this Commission strayed from the course of its
mandate, Congress will not learn from this Commission about
the research it gathered on 90% of non-custodial parents --
fathers. Congress will not be able to enact effective family
policy or child support legislation until it hears and considers
the fatherhood perspective. Tragically, the crisis of Fatherlessness
and fatherhood
issues remains officially unrecognized and in this Commission's
Report, not one of the recommendations specifically focus
on reducing Fatherlessness or aiding fatherhood. Fatherhood
issues deserve the same time, money and public discourse as
previous Commissions directed to child and motherhood issues.
Another Commission is needed, one which is mandated to focus
on Fatherhood
and the Crisis of Fatherlessness. THIS COMMISSION REFUSED
TO HEAR AND CONSIDER SIGNIFICANT SOCIAL WELFARE ISSUESAt its
first meeting in January, 1995, the Commission voted against
exploring policies in the welfare system which are directly
or indirectly responsible for the breakup of families and
for the vast numbers of "absent fathers. " These
are priority concerns in the country but these topics were
rejected by the Commission majority. Commissioner Ray Bardill,
a noted American sociologist, raised these issues again at
the June, 1995 meeting but his motion was rejected. Sonny
Burmeister of Georgia presented the Commission with a report,
Child Support Is Not The Issue, and Poverty Is Not The Problem.
This report challenged the Commission with an interesting
analysis that States with higher child support and welfare
payments actually ranked lower
among States in assessment of child well-being. The Commission
voted against considering these issues, partly because of
insufficient funding and time. Funding for another Commission
is indicated. The Commission failed to recognize the importance
of helping intact 2- parent families stay together as the
best way of preventing problems for children. Commissioner
James Dobson is one of America's leaders for support for the
traditional nuclear family, however, his contribution was
largely overlooked by the Commission majority. Commission
research showed that 65% of mothers initiated divorces during
the last 14 year period. The question of why marriage is failing
so many mothers needed to be reviewed, especially as it impacts
children. This question and this issue remains unanswered
by our Commission. By moving ahead as we did, the Commission
majority,
in effect, accepted the high levels of divorce and marital
breakups. We resisted attempts to discourage easy marriages
and easy divorces. We failed our opportunity to address the
values that relate to the disintegration. of family life as
we have known it. We further accepted the high rates of children
born to unmarried parents. The Commission approach of focusing
on the governmental \ legal process and/or reforming the divorce
system failed to take into account the
reality of the compromised position facing every father today
in the legal \ social services system. The question was how
to achieve balance and fairness in child custody and child
well-being outcomes: when the national outcomes today are
70% sole custody with mothers and only 10% sole custody with
fathers. It was naive and simplistic to believe a systematic
approach based on individual consideration of cases could
in any way improve the lot of fathers all over
America, promote father involvement, and improve child well-being.
WRONGFUL GOVERNMENT INTERVENTION IN FAMILY LIFE There are
instances when caregivers of children are imperfect. The difference
between imperfect caregiving and criminally negligent acts
are vast. However, the dividing line is often arbitrary, and
the Commission was flooded with accounts of abuse by authorities
who perpetrated wrongful intervention and wrongful arrest.
America is torn on the issue of the degree of legitimate intervention
by the state into family life. The Department of Health and
Human Services Secretary Donna Shalala's clear and concise
report helped put this issue into perspective: "The Department's
activities take into account that there are some circumstances
where increased involvement by a father or a mother may not
be in the best interest of the child. However, this would
be true only for a small number of children." (emphasis
added) (10/16/95, Report to President Clinton per Executive
Order re: Public Policy on Fatherhood, 6/ 16/ 95) Government
intervention into families and the sensitive relationships
between parents and children must be carefully regulated.
Child Protective Services, through the actions of caseworkers
and court orders that wrongfully limit a parent's time with
a child absent just cause, must not be
given immunity for their wrongful acts. The fundamental constitutional
protection of family relationships, not extreme paranoia,
should be the test before a child or his or her parent is
removed from the home. Unfortunately, there are many instances
when intervenors have done more harm than good. Families raise
children, not the government. Often, government intervention
creates more
absent fathers based on false allegations of abuse. Without
careful agency monitoring and personal accountability of case-workers
, the risk is that once again social policy will create more
Fatherlessness, which itself places children at greater risk
than does poverty alone. FATHER LOVE is a powerful elixir
that has yet to enter the legal \ social services system.
Instead of poor and troubled children living on the streets
as indicated by several politicians, the children could be
safely home with their fathers.
When the policy doors are opened to FATHER
LOVE, we could easily see a new work of spiritual and social
improvement for 50% of America's troubled children. A FATHERHOOD
"APARTHEID" POLICY CONTINUES TO CREATE "FATHERS
IN EXILE" The misguided consequence of the "Man
Out Of The Home" policy along with its ramifications
in divorce outcomes has created a condition of fatherhood
"Apartheid." Fathers In Exile live without their
children and family contact, just as if they were living on
an isolated island. Fatherlessness and the Decline of the
Family were recognized as an American crisis getting cover-story
attention in U.S. News and World Report 1995) and many other
prominent publications. However, government does not have
a welfare policy, even under our new welfare system just approved
by Congress, or other strategies to reach out and connect
these fathers with their children. Instead of recognizing
the legitimacy of the crisis of Fatherlessness, this Commission
substituted a new agenda, failed
its charge to accurately report and advise Congress and the
President about non-custodial parents, and let institutionial
discrimination against fathers and fatherhood continue. Contemporary
fatherhood, debased and devalued, has not been aided by the
work of this Commission. This Commission's final report fails
to make any significant recommendations or approve any policy
proposals directed
at aiding fathers or the crippled institution of fatherhood
which, as mentioned earlier, now affects 23,000,000 children.
I offer the following 53 Policy Recommendations in Part Two
to stimulate national debate that should result in reduced
Fatherlessness through positive changes in public policy at
both the national and state level. Bill Harrington - President
611 Pennsylvania Ave., SE, Suite 363 Washington, D.C. 20003
543-0615 PART TWO July 1996COMMISSIONER
BILL HARRINGTON'S POLICY RECOMMENDATIONS 53 SUGGESTED ACTION
PLANS
FOR A UNIFIED NATIONAL FAMILY POLICY WHICH EMPHASIZES FATHER
INVOLVEMENT AS THE OPTIMUM WAY TO ENHANCE CHILD AND FAMILY
WELL-
BEING I.) WHITE HOUSE ACTIONl. ACTION: Establish a White House
"Council on Father Involvement. " The White House
should create a standing Council on Father Involvement (White
House "COFI"), to work on pilot programs which promote,
enhance, encourage and support father involvement in family
life. The Council on Father Involvement should be comprised
of men and women who have
demonstrated sensitivity and understanding of Fatherlessness,
and who exemplify positive efforts to find inter-disciplinary
solutions to this pressing social dilemma. The Council should
include at least three "ordinary-everyday" dads
-- such as teen fathers, and divorced and unmarried dads who
are seasoned veterans of the system -- to offer practical
insights to the manner in which the system drives
fathers from their families. The White House COFI should work
with the National Governors Association and the National conference
of State Legislatures to further explore and develop the action
recommendations and proposed demonstration projects set forth
in this report. 2. ACTION: Issue an annual report on the state
of marriage, children and the family. The Annual White House
Report
should include policy recommendations ,to increase the number
of children raised in homes with married parents. It should
also include discussion about the root causes of Fatherlessness,
and should report on the progress of corrective actions taken.
3. ACTION: The Commander in Chief should direct the Secretary
of
Defense and Joint Chiefs of Staff to review the demographics
of military personnel to report how national security, military
strength and foreign policy is threatened by the breakdown
of the family and by Fatherlessness. A referenced study to
review is: Changing Family Demographics and the Impact On
Accession,
Trainability, Motivation, Character, and Performance. The
author is Patricia Shields and the paper was presented at
the "Army 2010 Conference: Future Soldiers and the Quality
Imperative," Cantigny, I11., May 31-June 2, 1995. This
is one such report which discusses the trend of military officers
predominately coming from two parent families and enlisted
men predominately coming from single-mother households and
the problems this raises for national security,
military strength and American foreign policy. 4. ACTION:
Expand the mandate of the White House Council on Teen Pregnancy
The council should include a special effort directed at teen
males to avoid sexual contact, or if sexually active, to use
necessary protection to avoid pregnancy. Males are as much
a part of the problem as the females and our education efforts
should not be directed just at
females. The ultimate social progress will occur when more
young men are saying "NO" and meaning it, and we
need to give men the encouragement to take this position.
II.) CONGRESSIONAL ACTIONIntroduction: There are approximately
23,000,000 children who do not have day-to-day contact with
their father. Nearly 40% of these children have not had any
contact with their father in over a year. Fatherlessness and
the destruction of the two-parent family is
a national crisis which fully deserves affirmative Congressional
action. A broad-sweeping, inter-dependent set of innovative
policy initiatives and programs must be undertaken in order
to reduce the adverse effects on children caused by Fatherlessness,
and to reverse the rapidly growing trend of Fatherlessness.
These recommendations, including demonstration and pilot programs,
are designed to be inter- dependent: although they may be
acted upon and may stand alone , they are meant to be a multi-faceted
solution to Fatherlessness in
America. 5. ACTION: Each member of Congress should read the
29-page, ground-breaking report prepared for this Commission
by the HHS Federal Policy staff, Public Policy and Procedures
That Work Against the Two-Parent Family (June, 1995). This
succinct and seminal work details how well-meaning federal
public policies have had unforeseen negative results and a
devastating effect on families and children -- at a very high
cost to society. The HHS report elucidates how federal policies
break up the family and discourage father involvement and
how these have been found to be directly correlated to the
sharp increase in youth violence, pregnancy, welfare, crime
and drug use. This report sheds light on potential new policies
which better protect children and youth from the devastating
effects of Fatherlessness. Copies of the report are available
from
Commissioner Bill Harrington. 6. ACTION: Establish a national
registry of child custody orders by amending the Parental
Kidnapping Prevention Act (PKPA). The US Department of Justice
reported in 1990 that of 359,000 child abductions in 1988,
only 4,600 (just over 1 percent) of kidnappings were by strangers.
Ninety-nine percent were by family members. This high number
of "self-help" incidents
indicates that the judicial family law system, social service
agencies and wide-spread social policies are not adequately
protecting children from family upset and interference with
parental relations. Senate Bill 632 (which establishes the
national registry of child custody orders) deserves immediate
Congressional attention (sponsored by Senator Pete Domenici
and co-sponsored by Senator Joe
Biden.) SB 632 can benefit roughly 360,000 children per year
by:
A.) Deterring and reducing parental kidnapping as remedy or
retaliation
B.) Reducing the risk of "forced child abandonment"
of a child by a
parent who is alienated from the child's life by an
abducting/concealing parent;
C.) Reducing the costs of private
litigation and public law enforcement to remedy abductions
and
concealment;
D.) Deterring physical and emotional harm to children
who are taken captive; and
E.) Reducing the risks youth face when
the love and guidance from a parent is interfered with by
the other parent. 7. ACTION: Congress should amend the PKPA
to expressly include a Federal cause of action when conflicting
child custody decrees exist as a result of the actions of
courts of two or more states with respect to the same child(ren).
Prior to the U.S. Supreme Court decision in Thompson v. Thompson,
484 U.S. 174 (1988),
some Federal courts acted as tie-breakers between State courts
in child custody cases involving conflicting judicial claims.
In Thompson the Supreme Court held that there is no implied
cause of action to go into Federal court under the PKPA but
that Congress might wish to revisit the issue. 8. ACTION:
Establish a national law enforcement program to deter access
interference and to enforce access when necessary - to compliment
the national child support enforcement program and state-wide
equivalents. Congress should enact legislation which would
provide more powerful law enforcement to rectify the millions
of instances when a primary custodial parent (often habitually)
interferes with or frustrates the child's
relationship with the other parent. Enforcement of child support
collection is appropriate, but money can never "buy"
the love, guidance and nurturance of a parent. Congress should
create and fund this nationwide access enforcement program
to protect children's' rights and needs for their relationship
with both parents. An anti- interference, access enforcement
program significantly protects the well- being of children
because two fully involved parents significantly reduces the
statistically correlated, at-risk factors that the child of
a single-parent family faces. For a variety of reasons access
interference is not or can not be remedied by the court --
parents may not have access to the court due to finances,
jurisdiction issues may abound, and often courts are lax in
treating
access interference as a criminal act -- or even recognizing
it as such. Law enforcement programs and policies are necessary
because often a non-custodial parent has no other legal remedy
to access interference perpetrated by the custodial parent.
There are several other benefits this action would have:
A.) THIS ACTION would increase child support payments: As
national policy, we seek to protect the financial interest
of families. Anti-interference access
enforcement would directly enhance family financial well-being
because there is direct and significant correlation between
parental
involvement and increased voluntary payment of child support.
B.) THIS ACTION would reduce poverty and would "return"
billions of dollars to families: Legal fees spent by parents,
primarily fathers, to secure their parental emotional and
physical bond with their child (ren) exceeds $ 100 billion
annually. Anti- interference enforcement would reduce the
need for litigation, thereby "returning" many billions
of dollars to parents to spend for the well-being of their
children.
C.) THIS ACTION would give equal protection to the poor and
middle-class: Vast numbers of low and middle-income non- custodial
parents are forced to choose between paying child support
OR the legal fees to gain access to parent their children.
Approximately 3/4 of the parents going through the difficult
maze of
family court must attempt to represent themselves. Just as
the "poor" can get assistance from law• enforcement
for the collection of child support, so too should everyone
have access to assistance from law enforcement for the enforcement
of parental access.
D.) THIS ACTION would reduce parental abduction: Because of
stepped-up and strict support enforcement and severe penalties,
many parents are precluded financially from seeking legal
anti- interference remedies for their parent/child relationship.
Law enforcement for access is necessary because when no other
remedy to interference is available, the result is several
hundred thousand
abductions annually. 9. ACTION: Establish a pilot "Parental
Education and Cooperation Counseling Program" and state-wide
equivalents. Congress should fund a pilot counseling project
to enhance parents' cooperation in shared parenting. (Only
5% of all children would fare better if both parents were
NOT involved.)
These counseling programs should guide and evoke parents'
voluntary cooperation in shared parenting, with an emphasis
on the importance to children of two fully participating parents.
Where the counseling program fails, anti-interference law
enforcement would be necessary. This pilot counseling project
should operate independently of the family courts, and should
differ greatly from the existing programs of "supervised
visitation" which do not function to encourage cooperation,
but actually allow a recalcitrant parent to resist
shared parenting. Supervised visitation programs should be
administratively set apart and used only for cases in which
abuse or a significant threat is prouen.
10. ACTION: Establish a pilot "Child/Father Re-unification
Program" and state- wide equivalents. In conjunction
with the parental education and cooperation counseling program,
Congress should fund a precedent- setting national re-unification
program for children and their fathers who have not had contact
in the past year or more. (There are 8 to 10 million children
of divorce who have not had contact with their fathers in
more than a year. There are 3 million children
born out-of-wedlock whose fathers have not been identified,
and who should be brought into the family.) Appropriations
should be set aside to fund non-profit and state agencies
to carry on the social work of the re-unification program.
11. ACTION: Establish a National
Men's Crisis Hotline to assist men in divorce , custody, parental
access, paternity, child-support and all other domestic relations
problems. Congress should appropriate funding for a National
Men's Crisis Hotline which provides information and referrals
to services, programs and resources to assist men dealing
with family crisis. The Hotline should also gather data on
child-access interference, in the support of anti-interference
and pro-access law enforcement
described above. The establishment of this Hotline would fulfill
a comprehensive and balanced Congressional effort to mitigate
harm to children and families: i.e., The National Men's Crisis
Hotline is as necessary and important step toward the protection
of family interests (of children) as is the National Hotline
for the
Prevention of Domestic Violence (in Texas.)
12. ACTION: Allow non- custodial parents direct access to
the Federal Parent Locator System, so they can locate their
children. ' Currently, the disclosure of the location of children
is to authorities only. However, the FPLS is being used primarily
to locate "deadbeat" and kidnapping parents. In
addition to its current use for authorities for the enforcement
of child support and solving kidnapping cases, Congress should
make the Federal Parent Locator System "user friendly"
and easily accessible through trained administrative personnel,
to assist parents in finding their children who have been
moved to an undisclosed location. This action would lessen
the burden on law enforcement; would help deter parental abduction
or concealment thereby protecting children from all the potential
harms
and risks to a child of being taken away from a parent.
13. ACTION:
Establish a new Family Policy Commission to develop policy
recommendations which address the "intricately intertwined"
connection between custody, the protection of non-custodial
parenting time, and the increased voluntary payment of child
support. In 1984, the Family Support Act recommended the formation
of this commission, however, it still has not been acted upon,
despite numerous subsequent reports and demographic data which
highlight the "intricately intertwined" connection
between custody, non-custodial parenting time and increased
voluntary payment of financial child support.
14. ACTION: Hold Congressional hearings
on the Campaign of Misinformation regarding economic and financial
criteria used to establish erroneous and punitive child support
schedules and standards for alimony/maintenance payments.
1. Splashed across national headlines recently has been the
exposure of Lenore Weitzman's serious miscalculations used
to justify economic compensation for mothers who "allegedly"
lose 70% of their lifestyle support within the first year
following a divorce. The best credible statistics are a loss
of between 20% to 30% of lifestyle support. For fathers, the
loss of lifestyle support within the first year after divorce
has been estimated at 10% to 20%. The exaggerated media play
given to Weitzman's 1985 research has resulted in severe economic
rulings in Courtrooms all over America against fathers. In
many cases, these punitive rewards have resulted in economic
hardship on the fathers, resulting in the loss of relationship
with their children. The devastating impact of this mistaken
research is best represented by the vast number of references
made to the
research in other documents, by other authorities, and by
family law attorneys and judges. A reader might then understand
the thousands and thousands of unfair court rulings based
upon this mistaken research and why the issue of intellectual
honesty and research integrity is such a big issue in anti-father
financial bias. As Weitzman's 1985 research published in her
book, The divorce
Revolution, was cited as follows: "in 175 newspaper and
magazine stories, 348 social science articles, 250 law review
articles, and 24 appeal cases in Court of Appeals and Supreme
Court cases. The statistic even appeared in President Clinton's
1996 budget." It takes an enormous sense of courage and
political capital to right the wrongs of this mistaken research,
therefore holding hearings to gauge the extent of current
public policy based on the Weitzman research is critical.
2. Also splashed across the floor of the House of Representatives
and the national media has been the fabricated, and 700% in
error child support statistic of alleged annual unpaid child
support payments in the amount of $34,000,000,000. In reality,
according to the l8th annual Child Support Report issued by
the Department of Health and Humn Services, the accurate amount
for
Fiscal Year 1993 was barely over $5 Billion. This spurious
statistic propagated by Secretary Shalala and several women's
movement leaders, has placed unbearable pressure on policy
makers to enact even more punitive child support legislation,
even though they know the statistics are severely being manipulated
against non-custodial parents who are unable to fight back.
Intellectual honesty and
statistical integrity should be a fundamental basis of any
new enforcement provisions of new welfare legislation aimed
at non- custodial parents and second-families. One axiom of
political theory is that bad statistics make bad law. It is
time to apply this long standing tradition to child support
legislation.
15. ACTION:
Restrict Child Relocation - Allowing parents to move children
great distances from the other parent is harmful to children.
One of the most sensitive, yet most critical issues affecting
separated parents and their children is the custodial parent's
right to physically re- locate the child over the opposition
of the other parent. In Life Without Father, Poponoe discusses
at length the negative outcome that policies which allow the
disruption of the family and the community have on children
and society. The State Supreme Courts of California, Colorado
and New York, after a decade of appellate decisions which
have substantially protected the relationship of the child
and the non-custodial parent by restricting move-aways, have
decided cases this year which give greater allowance to custodial
parents to move the child away from the other parent. (Whereas
the
Supreme Court of Canada recently ruled against move-aways.)
Move- aways are rarely in the best interest of the child.
Emotionally and psychologically, parental relocation is disastrous
for children. Upsetting or effectively severing the bonds
of parents and children should not be justified. These move-away
decisions are tragic for many reasons and rarely are they
in the best interest of the child.
Emotionally and psychologically, parental relocation is disastrous
for children. A new federal report: TRENDS in the Well-being
of America's Children and Youth: 1996, published by the Federal
Department of Health and Human Services, stated as follows:
"Recent research has demonstrated a strong relationship
between residential stability and child well-being, with frequent
moves being associated
with a number of negative outcomes including dropping out
of high school, delinquency, depression, and non-marital teen
births. Some researchers theorize that these negative associations
may result from a lack of rootedness in the local community
and its institutions on the part of frequent movers."
Child Support is
collected least in interstate cases, and yet these three state
Supreme Courts have said that we need more of these cases,
and we still get to blame the non-moving parent, mostly fathers,
for non- payment of financial support for children they are
prevented from seeing and parenting. The U.S. Commission on
Interstate Child Support Report stated as follows: "Children
from interstate
families - families where the parents live in different states
- suffer the most. About three out of every ten child support
cases are interstate. Yet, only $ 1 of every $ 10 collected
is from an interstate case. The current interstate system
is plagued by lack of uniform laws and procedures; inadequate
resources, insufficient training of caseworkers, attorneys
and judges; multiple, conflicting
support orders involving the same parties; and a lack of cooperation
and communication among states. It is clear that the interstate
child support system is in need of reform." Wrongful
relocation of children causes severe physical problems for
children. JAMA, the Journal of the American Medical Association,
in its September 15, 1993 publication included the following
article: Impact of Family relocation on Children's Growth
Development School Function and
Behavior. One paragraph on page 1334 highlights the devastating
impact on children: "A family move, regardless of its
reason, disrupts the living environment of the child and can
require important adjustments for the child and family. Children
in families with fewer resources are probably more at risk
for experiencing
psychological or behavioral problems due to the stress of
a move, especially when a move is compounded by other negative
family events such as divorce eviction from the family home
or parental job loss. As such family moves can potentially
contribute to psychological morbidity or behavioral roblems.
These and other `morbidities' are being recognized with increasing
frequency by providers of health care for children. (Emphasis
Added' Samuel Roll, a psychologist and
professor at the University .of New Mexico has written on
the subject of emotional impact on children resulting from
parental relocation. The following quote was from a story
on relocation which appeared in the Washington State Family
Law Reporter dated November 1994 - January 1995: "A third
generalization is that the loss of any attachment figure is
costly. You can not be separated from anyone you love, especially
as a child, without having some cost. The cost
can be lessor or greater, but it always costs. And repeated
loses, and untimely losses, very powerfully predispose a child
to psychological suffering and disorder. Any separation exacts
a cost and the cost is greater as a child especially if it
is done the wrong way . Where the engraving on the palm on
our hand is lost that
can be especially costly . A relocation if done the wron wa
can become a serious loss for the child." (Emphasis Added)
Finally, lawyers argue over a l4th Amendment right to travel.
This is true for an individual, but there is a compelling
state interest in protecting a child against the damage of
arbitrary parental
relocation. A child is not a suitcase, nor personal property,
and therefore not covered by the l4th Amendment. However,
this is a lonely argument in an emotionally heated family
law case. Congress must act to protect its innocent citizens,
our children, who need protection from arbitrary parental
relocation for the harmful reasons stated above.
16. ACTION: Establish a preference for the allocation of job-training/re-
education for fathers/mothers who are fiduciary heads of two-parent,
single-earner households. As currently stated by many researchers,
the loss of employment or "money problems" are core
to the breakup of many families.
Support families and reduce the divorce rate by giving two-parent
households job-training and re-education to decrease divorce
and family break-up due to financial troubles.
A.) CONGRESSIONAL ACTION - TAX CODE17. ACTION: Remove marriage
penalties and create better child credits in the tax code.
Revise the federal tax structure to leave families with children
with more of its income. Significantly increase personal exemptions
for children, up to $S00 per child, or replace the exemption
with a substantial tax credit for all children up to age 18.
All marriage penalties in the Tax code should be repealed.
18. ACTION: Provide federal tax credits for non-custodial
and/or support paying parents. Economic survivability should
be a positive policy for BOTH parents and positive use of
the tax structure should assist the working and/or higher
income (support paying) parent to keep working and supporting
their children. Separated fathers, who support children whose
mothers are on welfare or in low wage jobs, should automatically
receive the federal tax credits for the children.
19. ACTION: Give tax credits to support- paying parents who
are in the best compliance. Among non-welfare receiving homes,
a tax credit incentive should be given to the minority residential
parent (i.e., the "non-custodial" parent) who
meets at least 80% his or her "ordered" child support
payments.
B.) CONGRESSIONAL ACTION - WELFARE REFORMWelfare Reform is
doomed to
limited success or outright failure unless it is father-friendly
and father-inclusive. FATHERS CAN REPLACE WELFARE, BUT WELFARE
CANNOT REPLACE A FATHER.
20. ACTION: Abolish father-excluding welfare policies and
create welfare policies to encourage family togetherness.
Abolish the "man-out-of the-home" welfare policy,
and allocate assistance previously ear-marked for the single
mother to
the neediest of two-parents-in-the-home families. Create an
economic incentive for family togetherness and allow entitlements
for homes with two parents. Abolish policies which economically
reward single- parenting . A "put-a-father-in-the-home"
policy would reduce the welfare role by millions of dollars.
Radically increasing father and step-father family involvement
for the 23,000,000 children now without fathers in their home
would: Decrease the need for child- care; Allow mothers greater
ability to work and to get education and training; Bring more
money into the household, and Decrease the social cost of
child/teen violence, drug use, pregnancy and crime because
of the inherent benefit of a balanced father-child-mother
relationship.
21. ACTION: Structure general assistance
for low income families that encourages, rather than discourages,
the commitment of both parents to raisin the children. Rather
than requiring the most indigent fathers to repay the state
for the most indigent mothers' AFDC disbursements, when he
can least afford it,
allow both low income fathers and mothers to receive non-
reimbursable general assistance -- tied to job programs. Thus
un- wed/divorced fathers may be financially enabled, and more
encouraged to become meaningfully and voluntarily interested
and involved in family life -- hopefully to stay -- without
first being scared off by an immediate obligation to repay
the state for AFDC Encouraging
the father's meaningful family involvement through time-limited
general assistance and jobs programs will in the long run
create greater voluntary and independent financial support
for the family. This would replace long-term support collection
efforts now necessary for absent fathers, thereby reducing
the burden on
government. More involved fathers are better for children's
welfare.
22. ACTION: Establish the child as the
official welfare client, thereby equalizing each parent's
position to the welfare of the child. Truly father-inclusive
welfare reform which makes the child the welfare client would
enable a caseworker to contact each parent separately for
information regarding the child, whereas now the caseworker
can only work with the entitlement parent. This would greatly
improve the information flow on needy children, and would
engender "official father involvement" that would
lead to more "unofficial" father involvement, and
is very likely to result in decreased welfare fraud.
3. ACTION: Give Father's the first- right-of
refusal for the option of providing child-care in his home.
Fathers should have first-right-of-refusal in providing child-care.
This policy is truly father-inclusive. Restore trust in fathers.
Policy should not exclude fathers from the responsibility
and right to be the child's parent. A Father should not be
required to reimburse child-care costs if he or a paternal
family member is willing and able to parent his child.
24. ACTION: Establish the following welfare
policy to bring vast numbers of children out of dependency
and poverty within three years.
A.) Parents are required by law to equally
support their children. Welfare recipients should not be given
an exception to the responsibility of financially
supporting their children. Also, entitlement parents should
not be simply given a limited time to receive benefits before
being denied benefits, because without the following safeguard,
this policy may just result in worse poverty for those children
and families.
B.) THE THREE-YEAR PLAN: This plan is rooted in policy of
the fullest possible involvement of BOTH parents in raising
the children -- not just providing financial support -- and
the policy of both parents' involvement in raising children
is known to almost always be best for children. Entitlement
parents should be given clear, powerful incentives and guidelines
to earn a living, with programs that simultaneously takes
the child out of welfare dependency: When an entitlement parent
shows consistently that they do not support their child equally
to the other parent, establish a provision (presumption) for
primary custodial placement of the child with the (other)
working parent for three years. This three year period would
enable the entitlement parent to be significantly freed from
child-
care AND welfare -- thus they would be able to complete school
or enroll in a job training program. Within three years, this
parent would be required to earn income over the poverty level
for one year. Subsequently, this parent would be automatically
eligible for presumptive joint/shared custody with the working
parent who has had primary custody. If the entitlement parent
does not earn wages above poverty level for one year within
three years, full custody would be
awarded to the working, financially responsible parent.
25. ACTION: Require welfare applicants to provide proof of
custody of their
child in order to establish eligibility for benefits, thereby
reducing fraudulent claims and helping to establish father
involvement. Recommended language is as follows: Section .
No funds shall be available under this title for payment to
a parent on behalf of a child unless the parent seeking eligibility
has sole custody of the child or, in cases of joint custody,
the parents apply jointly for benefits. This policy will save
millions of dollars because it will eliminate welfare fraud
by ineligible individuals who apply for and receive welfare
in violation of the law.
26. ACTION: Establish a new policy that all female applicants,
when possible, must name the father of the child to be eligible
for federal assistance, or face sanctions. President Clinton
has issued such a directive to HHS. Congress should enact
this policy as law. This is the most significant goal within
welfare reform and is deserving of a priority status. Congress
may reasonably expect to
reach its goal of 90% paternity establishment with this law.
The previous policy resulted in only a 30% paternity establishment
rate. Safeguards should be developed which penalize mothers
who falsely identify fathers, and also to protect fathers
against undue costs to rebut his paternity if -he is wrongly
alleged to be the father. Every child deserves to know and
to be parented by their father.
27. ACTION: Establish a new policy of
a rebuttable presumption of Shared
Parenting/Joint Custody for all AFDC cases where the father
is identified early in the pre-natal process and fully accepts
his parental responsibilities. Policy should work to avoid
increasing sole custody. Given the disastrous consequences
of children born to teen mothers, at a social cost of $29,000,000,000
as determined by the Robin Hood Foundation, every effort is
needed to achieve increased father parenting. The Findings
of Fact entered at the beginning of the Congressional report
on HR-4 in the Congressional Record, 12-21-95, documents how
sole custody is correlated to decreased child well-being.
This constitutional right to the opportunity of a quality
life deserves official support.
C.) CONGRESSIONAL ACTION - DEMOCRATIC
AND REPUBLICAN PARTY 28. ACTION: The Democratic "Families
First" and the Republican "Contract With
America" programs must include father-inclusive family
policies. The omission of father friendly policies showcases
the degree to which fathers are alienated from the mainstream
of positive political thought and action in America. The devastating
effect on children and families from policies which have created
Fatherlessness is now well understood, however, both political
parties have reneged on their stated goal to strengthen the
American family by failing to
include platform agendas which promote, enhance and encourage
fatherhood.
D.) CONGRESSIONAL ACTION - CHILD SUPPORT COLLECTION PILOT
PROGRAMS "To a nation that views children as its most
precious resource, the specter of a parent callously and selfishly
abandoning all parental responsibilities, including financial
child support obligations, understandably evokes moral condemnation.
Everyone agrees that children should be supported. The question
is whether
the Courts are structuring fair financial child support arrangements.
Unless custody, parental access (visitation) and support amounts
are fairly established, there is no moral authority for enforcement.
Surprisingly, a parent who fails to provide the much more
important child support, EMOTIONAL CHILD SUPPORT, or who blocks
such child support by limiting parental access, evokes no
such moral outrage." U.S. Commission on Interstate Child
Support Minority Report, 1991 Don Chavez, M. S. W., L.I. S.
W.
29. ACTION:
Establish a new definition of child support to be "emotional
arid psychological" child support as well as "financial"
child support. Able-bodied parents who fail to provide or
who interfere with ALL support of children should be penalized
socially and legally in the same manner as parents who do
not provide financial support.
30. ACTION: Convene a conference to develop innovative and
new "soft"
approaches to child support collection and test two pilot
projects. Replace punitive child support "enforcement"
actions with rewarding "encouragement" actions so
that delinquent parents are less "punished" into
compliance and are more "rewarded" into compliance.
It is well understood that positive reward often
encourages more responsible behavior than does punishment.
Congress
should create and test two novel "support encouragement"
pilot projects where traditional punitive approaches to financial
child support collection are suspended:
1. Test a pilot child support amnesty
program. Work with mothers/children who are owed arrearages
but who can manage to forgo those payments. In exchange for
arrear ages create agreements, with fathers who come forward
to pay
future child support -- with a "clean slate from the
past -- that they will be guaranteed regular unfettered access
to parent their child. Possibly many hundreds of thousands
of collections cases will be closed, thereby lessening the
burden on government; copious amounts of support will start
flowing to the benefit of families; and most importantly,
children who have not had a father because his "cost"
was too high to come forward will now have a father because
he has been given a second chance to be an emotionally and
financially supportive father.
2. Provide low income, single, support paying fathers an alternative
credit against support obligations, as an incentive for going
to trade or academic school.
Rather than being "trapped" to work at lower wage
jobs just to be sure to meet the support order and/or AFDC
reimbursement order, low wage fathers seeking self-improvement
and higher earning potential should be given an opportunity
for betterment by being given a child support credit. (Similarly,
single, welfare recipient mothers are ALREADY being rewarded
with job training and other incentives.) This type of "entitlement
will help bring already responsible, support
paying people permanently out of poverty or near poverty and
out of low-wage paying jobs; it would increase the earning
potential for millions of families; and higher earnings capacity
will increase the money available for child support.
31. ACTION: Require reports of employee hires AND layoffs
to enforce collection and to protect against unjust collection
efforts. If Congress creates a National
Directory of New Hires as part of welfare reform, employers
should be required to report BOTH hirings and firings and
layoffs, to maximize efficient and accurate record keeping
and to avoid unjust and harsh collection actions against parents
whose earnings have involuntarily dropped.
32. ACTION: Enforce the procedures now in place which make
it easier for parents to administratively effect downward
modification of support payments. When the paying parent has
offered written proof of employment layoff, suspension or
termination of overtime which results in reduced income, caseworkers
should be able to authorize reduced support, without the need
for
litigation. Without this provision, a parent is forced to
go to court to litigate a modification , which because of
financial hardship in the first place, parents are penalized
if they need to pay a lawyer. A goal should be to increase
the number of accurate child support orders, with proper recognition
of the current instability of the work-place and reduction
in job security.
33. ACTION: Examine the efficacy of the goal of mandating
child support orders for every family law case, because it
is an counter productive policy with inherent hazards. There
are two major pitfalls of Congressional policy to seek child
support orders for virtually every case: FIRST, in cases where
parents, for whatever reason, do not want or need a support
order, an order is not justified, and interference in the
case may disrupt the balance and cooperation that has been
achieved by the parents. - SECOND - in cases where both parents
are low income parents -- fragile families - we need a more
sensitive policy aimed at maintaining parental involvement
by the father, where his involvement has far greater value
than can ever be realized by mandating his marginal capacity
for financial support.
34. ACTION: Direct HHS to include the
non- custodial parent perspective in every training session.
To insure ongoing sensitivity by OCSE staff to the non-custodial
population of concerned parents, comprehensive sensitivity
training should occur
at every level.
35. ACTION: Congress and State Legislatures
need to hold hearings and develop policy language for consideration
of child support guidelines on blended or second- families,
and to adopt structured downward modification standards. Financial
impacts on these households need greater consideration in
making life livable for all the children involved. As long
as valid marriage licenses are issued to previously married
parents, financial impacts on children of these new relationships
are deserving of consideration.
III.) STATE ACTION
36. ACTION: Establish Statewide Commissions
on the Status of Fatherhood and Child Welfare to direct participants
on father-inclusive policy at an annual conference. Each Governor
should create a Statewide Commission on Fatherhood and Child
Welfare, charged with the responsibility to hold hearings
on ways to
promote, encourage and enhance fatherhood. The Commissions
should
examine and select specific procedures to increase father
involvement in welfare families; to encourage marriage; and
to achieve the active participation of both parents in un-wed
and divorced, non-welfare families. Under direction of the
Governor, each state's Commission should convene a yearly
statewide conference on Fatherhood and Child Welfare in order
to enact changes in state
policy according to the findings and recommendations of: *
The State-
wide Commission on the Status of Fatherhood and Child Welfare;
* Other States' Commissions * , Federal policy and law which
directs the states' family policy and law: * This report from
the U.S. Commission on Child & Family Welfare; * * The
National Governors Association policy statement; Families
First; * Poponoe's book, Life Without Father; * The National
Fatherhood Initiative.
37. ACTION:
Increase the guideline for minimum co-parenting time. Standardized
every-other-weekend parenting plans should be revised to provide
more time between children and their non-custodial fathers
or mothers. Promote, enhance, encourage and maintain healthy
parent/child bonds by establishing a resumption for a minimum
of
eight monthly overnights with the non-custodial parent'.
38. ACTION:
Review marriage laws to ensure stability in marriage. Mandate
a 60 to 90 day waiting period, and require detailed counseling
on post- marriage relationship, parenthood issues, and conflict
resolution before issuing a marriage license.
39. ACTION: Review no-fault divorce laws
to ensure that parents are not penalized. States must convey
that a marriage license is a civil contract which comes with
responsibilities and an obligation of compliance by both parties.
Instead of a return to at-fault divorce, policy should protect
the non-divorcing parent from being punished financially when
they have met the legal obligations of the contract. With
the exception of a marriage contract, there is no contract
in civil law in which a party who breaks that contract can
expect to be rewarded or improve their legal position, without
risk of sanctions.
40. ACTION:
Prohibit custody evaluators from providing "judgment"
recommend-actions to the family court; allow only their investigation
and fact- finding input. This policy is recommended by the
Matrimonial Lawyers Association. The effect of the current
practice is to undermine the authority of the Judicial Officer.
The evaluation must be neutral, and the report must be neutral
in fact finding and in it's presentation to the court in order
to engender the parents' trust, participation and acceptance
of the court ruling.
41. ACTION:
Establish easy and inexpensive procedures for "lesser
litigation" of minor modifications in parenting plans.
Lower the legal threshold and simplify the procedures to officially
record all minor modifications of parenting plans. Within
a year of entering a parenting plan two-thirds of all parents
are operating a plan which differs from the original.
IV.) ADOPTION ACTION
42. ACTION: An
expanded campaign is needed to increase advantages for two-
parent married family adoptions. Millions of children are
available for adoptions. A campaign for a goal of 100 000
adoptions per year can go forward WITHOUT a compromise in
full legal , and constitutional rights held by never-married
fathers. We need to prevent private adoptions to Canada and
other countries where American citizens, NEW BABIES are sold
to new families, without notification to the
biological father. , V.) COURTS, JUDGES AND LAWYERS ACTION
Among the
full range of middle class fathers and family members , from
lower class all the way through the upper middle class, the
hardest aspect of a divorce is the blatant, unjustified discrimination
of the Courts. Thousands and thousands of these fathers defended
the American Constitution, its laws and traditions in military
conflicts including Viet- Nam, the Gulf War, and now Bosnia.
These men are shocked and horrified when they experience arbitrary
discrimination
and rejection of all rules of fairness and equity in making
custody rulings. These men lose respect for our Court system
for the country they have defended. Most of these fathers
ask for NO VICTIM STATUS", " NO SPECIAL FAVORS SOCIAL
PROGRAMS OR NO FEDERAL FUNDING." All they ask for is
the old sense of Roman, common sense "JUSTICE",
a fair decision based on the facts of the case. It is especially
for these mainstream American fathers that I offer the following
recommendations:
43. ACTION: Establish education and sensitivity
training for judicial officers and support staff regarding
anti- father gender bias is critically needed. For years,
fathers all over America have complained about anti-father
judicial bias. When
national custody outcomes are 70% sole custody with mothers
and 10% with fathers, something is wrong. Perhaps the best
explanation of institutional legal bias is to read the exact
words of the Family Law Committee guidebook published some
years ago in Minnesota: Except in rare cases the father should
not have the custody of the minor children of the parties.
He is usually unqualified
psychologically and emotionally nor does he have time and
care to supervise the children. A lawyer not only does an
injustice to himself but he is unfair to his client , the
state and to society if he gives any encouragement to the
father that he should have custody of the children."
A New York judge, Hon. Richard Hunter, former chief judge
of the King's County (Brooklyn) Family Court, and a
prominent member of the New York State Commission on Child
Support, made the following comments in "The Fathers
Also Rise," New York Magazine, November, 18, 1985: "You
have never seen a bigger pain in the ass than the father who
wants to get involved: he can be repulsive. He wants to meet
the kid after school at three o'clock, take the kid out to
dinner during the week, have the kid on his own birthday,
talk to the kid on the phone every evening, go to every
open school night, take the kid away for a whole weekend so
they can be alone together. This type of father is pathological."
44. ACTION:
Modify Rules of Professional Conduct for lawyers to reduce
the tendency to over-litigate for a family law client which
increases hostilities and contentiousness. American lawyers
are collecting over $100,000,000,000 ($100 BILLION) per year
for fees from custody cases. There is significant room for
positive and effective legal representation without making
every issue of dispute into a conflict
and charge of additional fees. Lawyers as counselors offer
great hope to reduce the overzealous nature of domestic relations
and return a level of civility and concern for the eventual
outcome for all members of the family.
I.) EDUCATION ACTION
45. ACTION:
Establish an education task-force to oversee that curricula
includes comprehensive programs focused upon the importance
of fathers to children. Given the critical at-risk status
of so many adolescents, the task force must inform junior
high and high schools about the importance of offering classes
on family life which emphasizes the importance of marriage/commitment.
Schools should teach youth about how a fathers' full-fledged
emotional involvement with raising his hild(ren) is essential
and core to the psychological and emotional
well-being of his child. All colleges and schools must include
the same focused curriculum in programs which prepare mental
health and social work professionals to work with families.
46. ACTION:
Promote, enhance, and encourage fathers/men to be elementary
teachers. Younger children especially need to see more positive
male role models in everyday situations. This is especially
true for the 40% of all children (7 million) who have not
seen their father in more than a year. More male teachers
will not replace the father in the home any more than the
teacher replaces the parent, but more male teachers will provide
children a better balance of the demonstration of care from
both male and female adults.
47. ACTION:
Offer parenting classes for all prospective parents where
the importance of fathers is emphasized. Fathers parent differently
from mothers, but not better or worse. Children suffer without
a healthy mix of frequent contact and interaction with both
parents. Parenting classes are needed instead of the traditional
pre-birth classes where fathers are identified only as mothers
-helpers and
supporters. The focus typically is on the single event of
the child s birth rather than the long term impact of continued,
involved day- to- day parenting. The alienation of the father
starts with breast feeding, a process that pushes the father
into the background. It should be understood that both parents
are equally important to the child. All pre-natal programs
should have handouts to mothers on the importance of positive
father parenting.
48. ACTION: Establish University and College
men's studies programs and libraries to parallel women's studies
programs and libraries. The focus of these
programs will assist all men to be familiar with social issues
affecting their roles as men in family settings; will promote
fatherhood; and will encourage family life.
VII.) BUSINESS SECTOR
ACTION 49. ACTION: Give grants/tax credits to business that
provide services to fathers. Hospitals, peri-natal centers,
clinics, public health nurses social workers, family planning
clinics and others in the "child-birth world" should
be given tax-credits and/or grants for having father-friendly
parenting classes and programs which seek to promote , enhance
and encourage fatherhood and father involvement in family
life.
50. ACTION: Promote, enhance and encourage
fatherhood by Providing fathers equal family leave from employment
for the birth or care of an infant. For guidance, see Poponoe's
Bill of Rights for parents who take employment leave to care
for their minor children. Equally reward fathers and mothers
for engaging in
the most critical function of parenting -- early childhood
care.
51. ACTION: Encourage `work at home' for
parents to support family life. p Business should review and
set policy so that fathers (and mothers) could do all or art
of their employment at home, so that they may be nearer to
their children.
52. ACTION: Review employee relocation
policy to support family and stability . In order to help
prevent child-parental alienation by creating "left-behind"
parents,
businesses should examine their policies regarding offering
relocation to employees who are single-parents. For married
parents, relocation should not be encouraged, in order to
help build stronger communities.
VIII.) FAMILY VIOLENCE ACTION
53. ACTION: Domestic violence (whether
perpetrated by women or men) can be reduced by policy and
programs which INCREASE, not reduce the involvement of
fathers with their children. This is a policy recommendation
for everyone -- in short, everywhere that family policy is
generated or effected: the government business, social service
agencies, health care etc. To reduce family violence, commit
to policies and actions dedicated to increasing fathers' involvement
with their children, especially in cases of parental separation.
WHY? Male and female
perpetrated family violence is a reality in contemporary American
life which has scared America into knee-jerk solutions. policies
which continue to be anti-male in nature. (As a result of
the media's exaggerated negative projection of men.) These
policies are likely to INCREASE domestic violence at least
in the NEXT
generation, unless fathers are involved parents NOW. The importance
of father-involvement (starting with the birth of the child)
on REDUCING crime, including domestic violence, was stated
in the (most recent) 1995 report by the U.S. Advisory Commission
on Child Abuse and Neglect. A very important recommendation
made was: "Father involvement at the time of birth of
a child." Male caring of children, especially infants,
produces a civilizing and calming
change in the male parent, says famous psychologist Erik Erikson.
"Generatively" is the term Erikson gave this phenomena.
The more that men are involved with their children , the LESS
likely they are to act violently or anti-socially. This is
the character trait of male empathy - the caring of others.
For the children, the
loss of positive father parenting forms the anger which can
lead to violence. Children vitally need positive parental
roles for when they become parents, and they need their emotional
connection to be healthier. This is especially true for children
when the father is the non-custodial parent. It is indisputable
that increased parenting time between fathers and their children
is beneficial to
both fathers and children. Increased time reduces the factors
contributing to violence, and provides positive role models
and the emotional connection needed by the boys and girls
growing up to be the next generation of nurturing, healthy
parents. The most likely long term solution to reversing domestic
violence is increased father involvement with children, especially
infants. SUMMARY One
initial point I would make on the debate of the divorce system
focus of the Commission Majority Report versus the fathers/non-custodial
parents focus of my Minority Report is the following language
in the June, 1995 U.S. Senate version of the Welfare Reform
Bill - HR-4. This quote is taken from the language on duties
assigned to the proposed National Child Support Guidelines
Commission - Section 451, page 628, which states as follows:
(8) (The Commission shall consider) procedures to help noncustodial
parents address grievances regarding custody and visitation
orders to prevent such parents from withholding child support
payments until such grievances are resolved, and (9) whether,
or to what extent, support levels should be adjusted in cases
in which custody is shared or in which the noncustodial parent
has extended visitation rights." It is my
argument that since June of 1995 the U.S. Senate again has
been looking for positive Recommendations, that Senators are
not comfortable with the existing system, that they are sufficiently
uninformed on positive options, and that the U.S. Senate is
still in need of new proposals. THE ABOVE DUTIES PARALLEL
THE CONGRESSIONAL MANDATE TO THE U.S. COMMISSION ON CHILD
AND FAMILY WELFARE. Because the commission ignored this argument
and duty, I was motivated to write my Minority Report and
offer the above recommendations. Most social commentators
believe public policy is only a minor part of the problem
creating fatherless children. I respectfully disagree. I do
agree that most of our progress on positive father parenting
will be realized at the state and local level, however, the
nature of national public policy to date has been to unnecessarily
intervene in and regulate family affairs. Today laws and policies
are negative
toward fathers and this is an area of our culture that can
no longer be ignored if we are to have a national goal to
improve child well- beingness. These laws and policies must
change. The President and Congress are in the position to
reverse these deleterious trends, and I offer the above recommendations
as a part of that process.
PART THREE
FATHERS IN EXILESOCIAL AND CULTURAL ROOTS
OF 23,000,000 FATHERLESS CHILDREN The historical focus in
this commentary is on how Fatherlessness got to be such a
vastly wide-spread and accepted norm and why the recommendations
of this report are so critical. In 1996, 23,000,000 children
(30% of 65,000,000 children) will live without their fathers'
parenting influence and guidance for significant periods of
time (Kids Count Data Book, 1995.) Nearly a
third of these fatherless children will not have ANY physical
contact with their father for over one year (Horn, 1995.)
Fatherlessness gained recognition as a national crisis when
social workers , working with teenage delinquents, noticed
the correlation between fathers' failure as economic providers
and teenage problems. Today, nearly 80% of teenage delinquent
males are from father-absent homes. Positive male parenting
brings social values, acceptable community standards and self
restraint to children in the family home. We cannot put a
dollar value on positive father parenting. In
September, 1995, The Economist featured the American Fatherlessness
crisis , calling it the worst in the world. Another recent
publication, Fatherhood and Family Health (Virginia Dept.
of Health, 1995) provides a chilling index of child maladies
caused by or associated to the phenomena of Fatherlessness.
The effect of Fatherlessness on the well-being of children
and their subsequent
adulthood calls for a national social services legislative
agenda to understand and reverse this phenomena. Fathers who
are hands-on parents, being role models, nurturers, mentors
and protectors are not valued as they once were. The contributions
that fathers can give to their families in other ways than
financial resources receives little value in our divorce society
and social services
system. The more limited definition of work for fathers of
the last century -- one which does not include child rearing
responsibilities -- in combination with more recent welfare
system and other government policy, lies at the core of the
increasing trend of Fatherlessness in America. A FATHERLESS
AND -LESS AND -LESS WORLD The Fatherlessness that children
experience can be observed in
three different family demographics: the divorced, the un-wed,
and married families. The third category should not be much
of a surprise: everyone knows there are married men who spend
endless hours at work, including overtime and weekends, and
other fathers who spend most of their leisure time "divorced"
from family. Thus, the emotionally absent father can and should
be included in the
description and discussion of Fatherlessness, because the
devastating effect on children is similar. Children are born
to unmarried parents nearly a third of the time. Thus, this
one third of children are the most likely to experience Fatherlessness.
Among unwed families often the father does not know he is
a father until he is contacted by the state to pay child support.
At that time,
more fathers than not seek to have parental involvement with
his child. While the divorce rate has dropped from 60o/o to
50% for first-time marriages, the increase in single-parent
households has risen dramatically. In both divorce and un-wed
families, fathers who demonstrate significant interest and
involvement with their children usually begin to "disappear"
from their children's lives a year to
two following the birth or divorce. However, fathers are not
to be automatically blamed for abandoning their children --
in fact, the opposite may be true. Fathers are more typically
driven into exile by other factors ranging from social prejudice
and pressure, to direct court injunction. BLAMING FATHERS
FOR ATHERLESSNESS The rush to blame is typical of our current
political and social times. The
Father - - who has traditionally held the role of the party
responsible for the family -- has become the unjust and easy
target for blame for the decline of the status of the American
family. Witness the sensationalist media campaigns which unfairly
rail against "Deadbeat Dads" as in the Newsweek's
article of May 4, 1992
and the USA Today article of August 1993, which only blamed
fathers for their absence from family life -- without any
appreciation for other social causes that have contributed
to their absence. Educator Barbara Johnson spoke directly
to the "blame the father" bias in her article Honoring
Fathers in Exile: FATHERS ARE among the most misunderstood
people in our society. We send them messages in so many ways
that they are simply monetary providers and then wonder why
they don't get more involved in their children's lives. All
too often we send them the message that they are expendable
and then turn around and place the role of the single mother"
on a pedestal. Once divorced, the man who was once highly
praised and valued as "the good family man," becomes
voided. Hours spent as coach, mentor, teacher, friend and
role model are no longer valued. Even the word "father"
or "dad" -- once spoken with respect, honor and
dignity -- suddenly becomes "your father" or "your
dad." It is as if overnight, with that one additional
word, the same man becomes someone who is no longer to be
treated with admiration, honor and respect. There is no other
instance in our society when a person is robbed of so much
of his identity and basic role than in a divorce, when the
man is no longer encouraged to be anything other than a
means of support. How can a society tell men that their role
as fathers is needed so desperately and then toss them aside
when there is a divorce? We need to send a message to women
who discourage their former husbands from continuing involvement
in their children's lives that this will no longer be tolerated.
We need to STOP BLAMING MEN, who are in many cases guilty
of nothing more than
divorcing their children's mothers. Like racial slurs, we
must no longer tolerate blatant anger, hostility and prejudice
toward fathers. I'm not referring to the abusive father or
husband or situations in which the father needs counseling.
Many men have always been there for their children, encouraging
and guiding them. Many still believe the responsibility of
fatherhood is more rewarding than their next promotion. These
are the men who are never late with their monetary obligations
and yet are stripped of the basic role we once praised them
for -- being good fathers. Ironically, we send these men the
message that because of divorce, they have relinquished their
role as "the good family man," and must
give up their role as "the good fathers." Time after
time we have seen these men, once cherished by the neighborhood,
exiled from participating in their children's lives. Tell
us, how is it that a man once highly respected as a father
is suddenly no longer in possession of his fathering skills,
simply because of a divorce? We
then thrust labels on many of them such as "deadbeat
dads " 'absentee fathers," etc., without waiting
to sort through the facts. Well there is another label, one
these good men much deserve: "fathers in exile."
This most accurately describes the place society has designated
for these men, who suffer in silence, not wanting to cause
more turmoil in their children's lives. If you know a father
going through a divorce and is involved with his children
-- you must encourage the relationship. We as a society can
no longer toss wonderful, valuable men aside in the name of
divorce. (emphasis added) (San Francisco Chronicle, Op-ed
page, June 16, 1995) HAS HISTORY CONSPIRED TO ALIENATE AND
EXILE FATHERS?
Blankenhorn (Fatherless America, 1995): has identified three
confluent trends as the root cause of the Fatherlessness phenomena
a.) the cultural breakdown of extended
families and the decline of the institution of marriage;
b.) poorly thought out government
policy on families such as AFDC; and
c.) excess economic pressure on fathers to be breadwinners
without direct family connections.
In the 175 years since the beginning of
the Industrial Revolution, America's economic, social, spiritual,
institutional and cultural forces inadvertently worked to
fuel the phenomena of Fatherlessness. The cause for extreme
Fatherlessness and the breakdown of traditional family life
can first be traced to the changes in social and economic
realities which, by virtue of the changing work-world,
began to separate and alienate the father from family life.
Griswold's Fatherhood in America explains these historical
developments. Previously, fathers were at the center of family
life (with mothers). Mothers and fathers both worked in the
broadest sense, on the homestead and in the villages and towns.
Older
children, along with mothers, worked side by side with fathers
either in the fields or artisan shops to produce the family
support.
Fathers and children worked beside mothers
in the home -- bringing in water, food, wood, and other staples.
Children learned about the world from their fathers; developed
the work ethic under tutelage of their fathers and cultivated
survival instincts. The children knew how hard their fathers
worked, and sacrificed, and what activity they engaged in
to support the family. This observation of father activity
included the means for solving problems facing the family.
The children also learned from their fathers at night. Fathers
read
the bible and taught its lessons of honesty, virtue and trust.
Fathers also discussed the outside world
its interactions and values. Fathers' work included both the
physical and spiritual needs of family members as they were
fully intertwined under the nobility and umbrella of work.
Fatherhood meant a man for all seasons, a man for all family
responsibilities. In every sense of the word, work meant family.
There was no separation between bread- winning and
family responsibility. Once regularly working under the throes
of the Industrial Revolution in factories or businesses away
from the children, fathers were unable to pass on traditions
and craft skills to their children, especially their sons.
Both the number of skilled trades and the number of craftsmen
declined markedly (Barron, 1984).
Have fathers really stopped supporting
families in the old sense? Fathers are collective inheritors
of social and economic changes that had substantially redefined
fatherhood. Fathers were increasingly compelled to identify
themselves and their parental role as "father" solely
with the capacity to earn an income to
support his family. THE AMERICAN FAMILY MAN TODAYIn this century,
a
father's identity has became primarily focused on the ri ors
of locating and maintaining employment and providing financially.
The definition of father's work has shifted from meeting the
needs of a father-inclusive family - to meeting the needs
of family that have become less and less inclusive of direct
paternal parenting. Ironically, the more that fathers worked
for their children's
financial needs the less that fathers had direct parent/child
contact. In earlier years, children stayed home into their
20's and even 30's waiting for marriage and a new home. In
today's new world fathers are faced with increasing numbers
of children first leaving home and then returning, and needing
continued financial support. The renested family is now recognized
family form (Bigner 1994).
Children's growing dependence upon fathers'
financial support for college trade schools or buying a home,
meant successful fathers had to work harder with the result
that they became even less of a "dad". Today, fathers
and families are expected to consume at greater rates. Families
are expected to have multiple vehicles; cars, boats and trailers,
and one or two vacations per year.
Children ask for $5O to $100 for tennis
shoes. Children pressure parents for dozens of trendy goods.
Parents find it difficult to meet these expectations and maintain
viable parent/child relationships because increased economic
pressure separates them from their children more and more.
Subsequently, with a lack of
guidance children get in trouble, and the effect of the absent-
parent lifestyle is painfully obvious. Society now is holding
parents totally accountable for the misdeeds of their children.
Sadly and inevitably, many fathers find
that satisfying their families' needs is beyond them. In the
industrial world, being the economic provider for the family
presents its own prejudices, problems, and pressures. Plagued
by layoffs caused by mechanization, seasonal downturns advancing
age, business vicissitudes, or personal sickness or injury,
many unemployed men become depressed, anxious,
and embittered their sense of manhood destroyed by their inability
to support their wives and children (Griswold, pg. 46). Their
emotional and psychological pain goes unnoticed. Financial
failure for men is seen as unsuccessful fatherhood, no matter
how hard fathers explain their economic situations and the
predicaments the face. Increased financial pressure pushes
fathers to the breaking point, which contributes to the increasing
numbers of fathers with emotional and psychological problems
as demonstrated by frustrated action against his family. For
the separated fathers in default on child support payments
(Newsweek & USA Weekend), we see the inability to survive
as well. Many of these men gain employment in two or three
jobs but cannot seem to get ahead and support a new famil
as well as the old family. For many of these men. a sense
of family connection with work has been totally broken. They
have work and plenty of it, as they understand their parental
responsibility, but they have minimum time and little involvement
with either family, especially with the children. Government
officials have no policy on father involvement as the only
pursuit of fathers is on
strict enforcement of financial support . This narrow policy
fails to improve child outcomes. A new study published in
the Journal of Marriage and the Family 2/96, on the effects
of child support enforcement offer insightful comments on
full effect of punitive enforcement. One of the myths of current
child support enforcement is that non-paying fathers are high
income dads hiding their
loot: "on the other hand, the generally low to modest
income evidenced here do not lend support to the stereotypical
portrayal of non-payers as wealthy men who simply refuse to
support their children. Modern culture has redefined or shifted
the role of the father, while it has broadened or expanded
the role of the mother.
Mother's work, which, in the 20th century
has included the children's education, discipline and social
guidance, has expanded to nearly all the decision making for
the family while the father is away with his employment. The
work of mothers today, especially with the current degree
of father-absence, is to care for the family and children
as well to generate financial support. Mother has been
empowered to take the traditional " provider" role
of father, and still to keep the identity of "mother".
She "mommy-tracks." Father lost his role in the
family starting with the industrial revolution, and his fatherhood
was largely defined by his ability to provide financially
for his family. Now that role is diminished because of the
changing economy, the change in consumer values, and the new
role women play in providing for the family. Men are seeking
a return to the hearth of the home, but after centuries of
exile, they are now institutionally and culturally bound to
the outside of family life. In millions of families, the state
steps in to assist the mothers' "generating financial
support" and as such, the state
acts as the father. Entitlement policy indirectly dictates
that fathers cannot have the same definition as mothers in
regard to the direct care of children. Government social welfare
policy first enacted in 1935 and then expanded in the 1960's
has all but declared fathers to be non-involved parents. Mothers
applying for aid must state that there is no male breadwinner
sleeping at the family home.
There is an insidious financial incentive for father absence.
The government has stepped into the role of breadwinner and
family supporter. The 1988 Family Support Act put into policy
the definition of family as only mother and child. Out of
these policies rises the circular assumption that fathers
do not care because they are absent physically, and so all
that can be expected from them is financial support (and thus
there is no emphasis on keeping the father in the home/family
We finally may be seeing the end of unbridled freedom of the
Industrial Revolution, a development that took total economic
control of families for 175 years. While the work ethic and
increased personal responsibility are necessary
virtues for survival, the concept of family and family togetherness
with a greater emphasis on the connection between employment
and importance of father parenting in on the rise. Two major
social movements are trying to redefine fatherhood for the
post-industrial era. Football stadiums are being filled with
groups of Christian fathers known as Promise Keepers. These
Christian husbands and fathers pledge to actively maintain
and promote family values and respect for mothers of their
children. Fathers are challenged to place a greater investment
in family life and personal relationships. The point is made
that employment alone is not fulfilling the full sense of
manhood. Many of these Christian fathers are married, however,
they are not spending enough time with their wives and children.
They pledge to change their ways and resist anti-family, pro-work
pressures. The unstated challenge to these fathers is to redefine
fatherhood for themselves and see that family time and involvement
is in their self interest and children's best interest. This
means enabling themselves to avoid the excess
pressures from Wall Street to purchase the newest of everything.
The Million Man March in October of 1995 in Washington DC
brought black fathers together to "atone" for their
sins of male violence and father absence. They reflected the
same concerns as the Promise Keepers regarding the dignity
and importance of fatherhood, expanded male responsibility,
and increased commitment to the mothers of their children.
These black fathers have many of the mothers of
their children on welfare. Strikingly, these men of the Million
Man March did not call for any government aid or programs.
Rather, March leaders called for social recognition of their
importance as men and fathers, and that most black men want
to be seen as socially responsible men with family values.
These black men are 15 years below white women on the life
expectancy scale. They die from
loneliness and no vision for a future having lost their families
to un- and under-employment. For many, fathering a child may
be the only sense of real achievement they will ever experience
in adolescence. These fathers are clinging to what may be
their only chance for respectability, some kind of life with
a woman and child, for however long it may last. Most of these
fathers see
fatherlessness as an expected outcome - sooner or later.
EPILOGUE
Bill Harrington, Commissioner:American fathers are in a quandary.
Many biological and cultural forces are at work on the fatherhood
role in our society today. As men continue to be driven to
father these powerful biological and cultural forces work
even harder to undermine the long term commitments to the
family unit. Fathers and mothers each have a harder time to
be effective parents than did
parents just two generations ago. Instead of continuing the
criticism heaped on today's parents, I feel we need to better
understand their predicament's and work with them in more
positive ways. The President of the United States and all
members of Congress need to take a fresh look at existing
policies and practices through the eyes and experiences of
non- custodial parents. We must recognize that maybe, we have
reach d the maximum effectiveness of financial child support
collections through punitive enforcement measures. The only
conclusion available today, to increased child support collections,
is to start anew with positive appeals to parenting. The Census
Bureau statistics on child support collections show that when
fathers have shared custody and participate in
parenting their children, support payments are in the 90%
range. This is the key factor. These numbers compare to less
than 40% payments when fathers have no written legal rights
to their children and do not have established parenting schedules.
We have positive choices to effect voluntary increased financial
child support collections. What we are lacking is the political
will to shift from
punitive measures to positive father parenting options. The
President, working with the White House Domestic Policy Council
should activate the proposed White Hose Council on Father
Involvement, and offer Congress new legislation which assures
more effective parental cooperation, through father- friendly
welfare and
family policy options. Congress needs to hold hearings to
make itself aware of the volumes of new research on non-custodial
parents, and specifically fathers. In the U.S. Senate, the
Senate Finance Committee, the Senate Judiciary Committee and
the Senate Labor Subcommittee on Children and Families can
take a fresh look at custody and child access issues submitted
in the Final Report of the
U.S. Commission on Child and Family Welfare. In the House
of Representatives, the Ways and Means Subcommittee on Human
Resources along with the House Judiciary Committee can take
a fresh look at our legal/social services system. We can attempt
to separate the myths of "Absent Fathers" from the
reality of public policies that more often than not work to
create "Absent Fathers." , Before any
new legislation is enacted, Congress must define for itself
the value to be placed upon emotional and psychological child
support offered and available from each parent. Previously,
the only federal recognition was of financial child support
and the federal budget support is around $5 BILLION per year.
The social cost to fatherless children of unmarried teen moms
is estimated at $29 BILLION. If
Congress wants BOTH PARENTS involved, we need new policies
and new
budget priorities. To be effective in any way, new family
policy MUST challenge the high rates of divorce and children
born to unmarried parents, MUST be Father-inclusive MUST be
sensitive and realistic about the economic "survivability"
of both parents following separation, and finally, new family
policy MUST be more positive to the large majority of fathers
and mothers struggling
against enormous odds to be positive and responsible parents.
I am optimistic that America can and will successfully reverse
our social decline but only with a legitimate emphasis on
positive father parenting and support for the Recommendations
I have offered. This is our first policy step into the 2lst
Century. Let us work together to make them steps of lasting
consequence. WELFARE 1996: HR 3734 - THE MISSING ELEMENT This
historic legislation will open the door to many new options
to be tried and tested at the State and Local
levels. In effect, this legislation re eals the 1950's "Man
Out Of The Home" rule which I have made reference to
in this minority report. Additionally, this legislation contains
father friendly provisions in paternity establishment, expansion
of the parent locator service, and start-up funding for the
first ever Access Enforcement Pro rams to benefit non-custodial
parents. The Access
Enforcement Provision is itself historic in that the Federal
Government will, for the irst time, fund enforcement of parent-child
relationships. Previous Federal Funding has been exclusively
available only for enforcement of court ordered financial
responsibilities. One sided national public policy has not
worked to the benefit of the majority of the affected children.
This long overdue yet timely legislation is but the first
step on the long road to balancing national public policy.
Fathers, however, continue to be the major missing element
of welfare legislation, at both the national and state levels.
Congress and the President are correct in saying that the
best way to help children is for children to be with a working
parent. In the past, fathers as working parents have been
ignored. Two-thirds of all fathers of children on welfare
are employed full time with annual incomes over £15,000.00.
This is the missing welfare statistic. Discrimination against
these working fathers has resulted in their children being
restricted to dependency lifestyles. Time limits imposed in
this new legislation offer fathers and paternal family members
new opportunities to directly support their children in their
homes when mothers can not or will not do so. In these cases,
fathers offer the best solution to reduce welfare caseloads
and prevent the starvation of some 2
million children living on our streets. I congratulate our
Congress and President Clinton for enacting this essential
legislation that will lead our nation down the path to reclamation
of 50 percent of the missing parents to our less fortunate
children. Future welfare legislation must continue this trend
and address the father friendly provisions I have recommended
above. To do so will promote the
general success and happiness of our children, which in turn,
will build stronger families and guarantee our nation's future.If
CULTURE CAN CHANGE, THEN SO TOO CAN OUR INSTITUTIONS AND OUR
LAWS ALONG WITH PUBLIC POLICIES."Dad is Destiny. More
than virtually any other factor, a biological father's presence
in the family will determine a child's success and happiness."
(U.S. News & World Report February 27, 1995 pg. 39)ORIGINAL
SIGNED Bill Harrington, July 1996
Commissioner United States Commission on Child and Family
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