'Roe v. Wade for Men' Case Illustrates Family Law System's Inequities

http://mensnewsdaily.com/2006/04/08/...ms-inequities/

'Roe v. Wade for Men' Case Illustrates Family Law System's Inequities
April 08, 2006
BullsEye
By Mike McCormick and Glenn Sacks

The controversial 'Roe v. Wade for Men' lawsuit filed in Michigan recently
demonstrates the disparate treatment of men and women by our family law
system. The plaintiff, 25 year-old Matt Dubay, claims that he was duped into
fatherhood. He argues that since women are not compelled to be mothers, he
should not be compelled to bear the responsibilities of fatherhood,
including the responsibility to pay child support. Whether one sympathizes
with Dubay or not, his lawsuit illustrates the way the family law system
addresses the needs and desires of women, while turning a cold shoulder to
those of men. This system represents the most egregious violation of gender
equity in our society today.\

The plight of unwed fathers exemplifies the point. Dubay is vilified by both
the pro-choice feminist left and the pro-life right as an irresponsible cad,
deadbeat and whiner. Yet the millions of unmarried men who do try to be
fathers to their children find that while they are frequently lectured to
"take responsibility," they're often not permitted any meaningful role in
their children's lives. These stand-up guys usually get to spend only a few
days a month with their kids, if they're lucky. Once mom finds a new man,
they're often pushed out entirely in favor of the child's "new dad." And
fathers who look to the family law system for help quickly find that said
system has no interest in their case beyond keeping the child support checks
coming.

The contrast between child support enforcement and the enforcement of
visitation and parenting time also illustrates this inequity. Over $5
billion a year is spent nationwide on enforcing child support, and large
enforcement bureaucracies exist in all states. Each year 100,000 men are
jailed for alleged non-payment of child support, and many others lose their
driver's licenses, passports and business licenses. This is despite the fact
that Federal Office of Child Support Enforcement data reveal that nationwide
70% of those behind on payments earn poverty level wages, and less than 5%
earn $40,000 a year.

Fathers who want to share in parenting their children face many obstacles.
In a study conducted by Arizona State University psychology professor
Sanford Braver and published in the American Journal of Orthopsychiatry, 40%
of divorced mothers admitted that they had interfered with their ex-husband's
access or visitation, and that their motives were punitive in nature and not
due to safety considerations. A study of adult children of divorce conducted
by Glynnis Walker, author of Solomon's Children: Exploding the Myths of
Divorce, found that 42% of children who lived solely with their mothers
reported that their mothers had tried to prevent them from seeing their
fathers after the divorce.

Despite this, state and federal governments spend almost nothing on
enforcing visitation and parenting time. Fathers denied access to their kids
are on their own, and must wage long, costly legal battles to remain a part
of their children's lives. And while prosecutions of fathers who violate
child support mandates are common, prosecutions of mothers who violate
visitation orders are almost nonexistent.

The epidemic of domestic violence restraining orders is another example of
disparate treatment. According to the Justice Department, two million
restraining orders are issued each year in the United States, most of them
based on allegations of domestic violence. Such orders are usually issued on
behalf of the mother, without the accused's knowledge and with no
opportunity afforded for him to defend himself. When an order is issued, the
man is booted out of his own home and can even be jailed if he tries to
contact his own children. This enables women to better position themselves
to gain custody of their children in the subsequent divorce.

Numerous bar associations, legal groups and attorneys have complained that
many restraining orders are simply custody maneuvers, and that they
represent a horrendous violation of due process. Nevertheless, most courts
grant them to practically any woman who applies.

The "woman good/man bad" modus operandi of the family law system has wounded
children and the fathers they love and need. The problem cannot be resolved
until we acknowledge and address the fundamental inequities of the system.
The Dubay case is merely the tip of the iceberg.

This article first appeared on LewRockwell.com (4/5/06).


Mike McCormick is the Executive Director of the American Coalition for
Fathers and Children, the world's largest shared parenting organization.
Their website is www.acfc.org.


Glenn Sacks' columns on men's and fathers' issues have appeared in dozens of
America's largest newspapers. Glenn can be reached via his website at
www.GlennSacks.com or via email at .