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Ken Solin

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Divorced Dads Deserve Better

Posted: 01/04/12 05:01 PM ET

Twenty years ago, I put together a men's group where eight guys met twice a month to teach each other the lessons of manhood most didn't get from their fathers and to work through the issues that affect our relationships and limit our lives. We wrestled with friendship and trust, intimacy and sexuality, marriage and divorce, parenting and fatherhood, and emerged as better all-around men. This two-decade journey of my group is chronicled in my new book, Act Like a Man -- available now on Amazon in Kindle or print editions.

One lingeringly painful experience that several of the men in my group -- including me -- never managed to totally come to terms with, though, is the way we were marginalized and penalized as divorced fathers in the family court system. Comments from many readers of my articles echo the ongoing trauma of similar experiences. In fact, as I write this -- 30 years after my own divorce -- I'm hyperventilating just remembering the anger, frustration, and intense emotional anxiety I went through then.

It takes two people to make a marriage work and two people to destroy it. And, while it's debatable which gender is more responsible for the 50% divorce rate, all that matters to the children is having two parents who love them and can help them cope with the fallout from a broken home. Too often, however, the courts don't view custody cases from this perspective, operating instead from a 1950s paradigm in which fathers were considered breadwinners with little hands-on parental input.

This assumption that women are more capable of raising children than men are makes my blood boil. I raised my oldest son as a single dad from ages one to six in the late 1960s, when there was no daycare and I was just beginning my career after college. What I lacked in parenting skills, I more than made up for with love, nurturing, and a deep desire to be that little boy's hero. I never shirked my responsibility and, for years, had no social life.

Years later, having had temporary custody of my second son for a year, I found myself in family court when he was 10 after learning that he frequently found his mother drunk and passed out on the sofa when he came home from school. I had to hire a lawyer -- which wiped out my savings -- answer insulting and irrelevant questions in depositions, and be accused of being an unfit father -- despite my proven track record -- before finally being awarded full custody. And, despite the emotional and financial pain I endured, I consider myself lucky. The judge refused to pay give credence to opposing depositions and put my son's interests first by taking him into his chambers and talking with him for nearly an hour. He asked my son the only relevant question -- "Do you feel safe with your mother?" -- and ruled to protect him.

My oldest son is an adult now and the father of a young son himself -- in many ways, the dad I wish I'd had. He's gone through his own custody battle and I'm proud he made a stand for his rights with his son. It's agonizing to see him have to suffer the way I did just to protect his rights as a father, though, and my heart goes out to him each time he faces a new legal hurdle.

Few men would argue that they have to help support and raise their children after divorce. But sometimes women take advantage of the family courts for financial gain. To a father whose custody of his children has been limited, providing financial support can feel like marriage without any benefits. While I sympathize with a woman's need for financial support to help her raise the children, I have no sympathy for women who use the courts to destroy the financial lives of their ex-husbands. A failed marriage shouldn't be an opportunity to get even -- for either parent.

If it takes two incomes in today's economy to support an intact family, then it's going to take two incomes to support that family after divorce -- and maybe even more, considering the necessity for two separate homes. In fact, it's very important that children feel they do have two homes -- not a primary home with their mom and a weekend stopover at Dad's place. By giving equal custody to fathers, women would both lighten their financial burden and increase their opportunities to work outside the home. A shared arrangement -- both custodial and financial -- is both fairest for the parents and most advantageous for their children.

Equal physical custody is every divorced father's right, and I support and advocate for every man who struggles to maintain his role as equal parent to his children. And I hope women will realize that this shared parenting is in their children's best interest and will get behind men in this struggle. Read my book to see how guys can support each other -- and women can help -- in making the family court system truly serve justice for all.

 
 
 
 
 
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04:10 PM on 02/19/2012
Men get hosed in family court, no doubt. . .
03:34 PM on 02/10/2012
The problem for me is that not only do I miss my kids on the days that they with mom, I actually have to worry about their well-being.

www.recognizethebully.org
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AwesomeInfo
08:07 PM on 01/06/2012
"He asked my son the only relevant question -- "Do you feel safe with your mother?" -- and ruled to protect him."

And the truly sad thing Ken? If your son would have said "Yes," no matter how good of a parent you would have been, he would have been in the custody of a drunk, passed out parent with whom he didn't want to say he did NOT feel safe.

Unfortunately, what should have happened was an overall view of both homes and the child then should have been placed in the best environment. What actually does happen is they look at her home, check your finances, give her enough money to make her home like yours, and give her custody. She has more money for whatever she wants and your child suffers. The family "court" system should more accurately be known as the "Child Confiscation and Mother Support System."

I am EXTREMELY happy to hear, for your son's sake, that it worked out. I'm sure you'd be pointed to at what is wrong with a court system that allows mothers to have their children taken away. It is a one-way system that cannot help itself. You know what would be interesting? Take all references to genders off 1000 cases and put them before family court judges for a ruling. Then compare to what actually happened when dad, and more importantly, mom was standing in front of them. What a paper that would be.
09:47 AM on 01/06/2012
I am a divorced, and remarried, mom. I believe that fathers are vital, and deserve equal rights, to raise their children. I've helped friends find out their rights, and find someone to help ensure they receive them.
However, what do you suggest when a father has absolutely no interest in exercising those rights? I've spent more then a decade trying to get my ex-husband interested in his son. He only sees him when my MIL (his mother, who I've been truly lucky to have, she's just "Grandma" to my BOTH of my kids) comes to either get our son, or both of my sons.
In the begining, I would give him cash to take our son to a fast food place, with a "playplace". I had to stop, because not only could I not afford it, I was afraid that if I kept doing it, and at some point absolutely couldn't come through, my son would blame ME for not seeing his dad.
I've done everything I can think of to get him to be involved, to no avail. I'm certainly open to any ideas, suggestions, etc. that someone could give me.
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Ken Solin
11:51 AM on 01/06/2012
I'm sorry, but while this is your issue affects you and your son deeply, it isn't your problem to solve.
A man who can't feel his own emotions, can't feel anyone else's either. Your son will suffer unless or until his dad can feel the love in his heart that most men feel for their sons.
He's a prime candidate for a men's group, but that's a big step for some men to take. Whatever his issues about his son, that would be the ideal place to discover it and work it through.
Be the best mom you can, and if possible, a male friend, relative, or even Big Brothers, might help your son, and at the same time, wake up your ex-husband to the joy he's missing.
I'm always heartbroken when I read stories like yours. Good luck.
12:48 PM on 01/06/2012
I've been very lucky in that regard, too. My father has always been close to my son, I have a wonderful husband, who treats him like his own, and I have my "sister's" husband who's like a real uncle, too. He is not lacking for male role models, or male intereaction. =)
It wasn't until a few years ago, (he's 14), and his father started moving strange women into his trailer, that he started asking why he didn't see his dad much. (and, especially so after he started having other children) That's been the hardest thing, trying to explain to him that it's not HIS fault his dad doesn't see him. That's what kills me, that he's started to notice that his father doesn't really want much to do with him, but will happily have all of these strangers around, and then procreate with them.
04:44 PM on 01/05/2012
I agree it takes both parents to raise a child all parents and grand parents should share rights of a child . Both should cook both should do laundry both should pay doctors both should help with home work both should attend parent teacher conferences 50% dad 50% mom shared custody 3 days one parent one week four days with that parent the next totally shared custody
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Ken Solin
11:52 AM on 01/06/2012
I absolutely agree with you and support what you suggest. Thanks.
11:44 AM on 01/05/2012
What if we separate financial matters from custody and parenting time so that support and dependency exemptions were handled without regard to custody and parenting time?

What if we were to cease referring to it as "custody" and, instead, simply acknowledge substantially equal parenting time for each parent (defined as 165 to 200 overnights and days each year) and the authority and opportunity to be substantially equally involved and participate in the child's life?

What if we made any battle only about the logistical challenge of two homes and NOT which parent is a tad bit or even a lot better than the other parent (so long as a minimum threshold was met whereby the child had competent parents)?

What if we never asked a child to pick a parent, but only to provide information from which the logistics of one parent's proposed parenting plan could be compared to the other parent's proposed parenting plan and the one BEST for the child, not the convenience of either parent, was selected by the judge?

What if judges no longer could tell parents who are divorcing or are divorced what they cannot do or must do if the judges do not have the right to tell the married parents the same thing?

What if all moms and dads told our government (schools, legislatures, judges) that this is My Child, Not Yours?

I'd love to hear your ideas. Find me and follow my effort to stop the overreaching of government into parenting.
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Ken Solin
12:32 PM on 01/05/2012
You are right on the money Dave. Neither parent should have to prove their worth as parents. It should be automatically assumed both are competent.
The burden of proof should be on the parent who feels the other is incompetent, and that proof should be that person's financial responsibility, 100%.
That would end much of the personal vindictiveness that plagues divorce and custody hearings.
I'm appalled by how children are treated after divorce. It's a sick game in which no one should ever have to participate.
01:15 PM on 01/05/2012
Adam notes that there are differences between men and women. He is, of course, correct. However, whenever there is any assumption whether by design or due to bias that such is true in an individual case then problems and errors arise. The solution is to note the difference between "competence" and "excellence." Ken uses the term competent and that does not translate in today's judicial system where judges are given authority by the legislature to see the elusive "best" thing for a child (but, query, do the courts really seek what is best or simply what appears best?).

From a Constitutional perspective, do we really want there to be a "scorecard" on which each parent is graded and the parent who gets a 88 is rewarded by getting more time with the child than the parent who scored a 81 or even a 70? The price and the burden are on the child. BTW, let's assume competency for a parent is a 50 below which the parent just ought to be considered for parental rights termination (burden is on the State and the consequences are permanent and severe).
01:16 PM on 01/05/2012
It is the height of arrogance to believe a judge, any judge, has the ability or will take the time to receive and truly comprehend the totality of the parent-child relationship and the benefit or costs to the child of slanting parenting time. Even if one parent is much better at cooking (and nutrition) and one parent is much better at academics (and homework), to favor that parent with more time with the child may deprive the child of the character, the gender role modeling, the sense of humor, or other traits of the other parent AND, more importantly, of the balance the other parent gives to the child and MOST importantly to the child's sense of well-being and esteem being allowed to love and share with both parents and to FEEL loved by both parents, in great part, because the conditions suggest he or she is loved by both parents.
11:38 AM on 01/05/2012
It is not a matter of the "system" (Courts) changing its attitude or fathers and mothers deciding not to fight over children or use the children as the battlefield on which their issues with the other parent are fought. Why? Because people being people, it will be another 100 years before attitudes will come around to a modern perspective (one supported by research) about what is "best" for children and "best" will always be a subjective term. See also the gender divide in general (sexual harassment and discrimination which persists) and racial discord (race discrimination which persists).

Instead, there must be reliance on the Constitution and parents' rights (both mothers and fathers) to parent without government intrusion unless "there is a showing of actual harm by clear and convincing evidence with the burden on the party contending such harm justifies the impairment of either parent's rights." Such reliance would come from legislation as the appellate courts are too often willing to talk the talk about rights but then just permit trial courts the "discretion" to do whatever it wants for the "best interests of the child" which brings us right back to people (judges) and litigants (parents) and those who benefit (attorneys, guardian ad litems, psychologists) who permit and even encourge the "fight club" which what I now call the judicial system in which such custody battles are waged.
08:41 AM on 01/05/2012
Part of the problem is the men not taking the time to learn their rights, and how to hire the rights attorney. Twenty years ago I developed this manual for this purpose, but the Fathers Rights movement keeps wanting to just do the politics rather than teach the individuals on what they can be doing in the here and now. This material is free for anyone to use, as it always has been.
http://dads-house.org/EducationalManual
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EdCorey1971
08:09 AM on 01/05/2012
Good Article...two thumbs up. :)
04:35 AM on 01/05/2012
Thank You! It's high time we got this right FOR THE CHILDREN. This injustice must stop! Equal custody is only fair and right.
11:46 PM on 01/04/2012
"[I]t's very important that children feel they do have two homes -- not a primary home with their mom and a weekend stopover at Dad's place. By giving equal custody to fathers, women would both lighten their financial burden and increase their opportunities to work outside the home. A shared arrangement -- both custodial and financial -- is both fairest for the parents and most advantageous for their children.... Equal physical custody is every divorced father's right."

Right as rain.

Thank you.

My experience in divorce has, sadly, revealed that a divorcing mother will do/say anything to get control over the children and that a divorcing father who wants to be an equal-time father will have to overcome bias and hostility in the divorce system.
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John Bobrowski
09:32 AM on 01/05/2012
I concur. There is a lot of room for custodial parents to manipulate both children and support. Sadly, only the children are punished when you fight the manipulation.
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Ken Solin
12:43 PM on 01/05/2012
Exactly, and that's the problem. When either parent games the system for personal gain, not their children's best interests, everyone loses.
While women have the upper hand in the court's eyes, I don't believe the majority of women support the assumption that it's okay to use custody as a way to punish ex-husbands.
I suspect most women find this as appalling as everyone else who had posted comments here.
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AwesomeInfo
04:07 AM on 01/09/2012
"I suspect most women find this as appalling as everyone else..."

I've found this to be true for all women who don't have an attorney saying, "You have a RIGHT to have your children. What did he do? You did all the parenting, didn't you? We should make sure you get your children." And they do this all of the time. Unless we can keep the fox out of the henhouse, the chickens will keep disappearing. Maybe it is legislation, maybe it is judges taking a more vested role in reality, but neither will gain seats of power for either of the parties, so they're quite comfortable with where they are, hiding behind the curtain they made that loudly proclaims, "Best interest of the children," and then they can get away with anything they want.
04:12 PM on 02/19/2012
not true Ken, most of my divorced guy friends feel their bitchy ex wives are using the kids as battering rams to rip them apart psychologically. . .but hey, if fails to pay child support he goes to prison
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jf12
Occupying myself
08:09 PM on 01/04/2012
Yes. Thanks for this article. My divorce was final 31 years ago. She had been living in an apartment for a year, and I lived in the marital house with our two daughters. She got the kids and the house, more or less immediately sold the house, and moved out of the state with the kids. I was hamstrung.
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Ken Solin
12:36 PM on 01/05/2012
I can't imagine the hurt that comes from your children moving far away. I feel your pain, having gone through the machinations of family court. I hope you can reconnect with your children again.
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Mark Godbey
08:09 PM on 01/04/2012
“Fatherless children are at a dramatically greater risk of drug and alcohol abuse.” – The U.S. Department of Health and Human Services. National Center for Health Statistics. Survey on Child Health.

· “Teenagers living in single-parent households are more likely to abuse alcohol and at an earlier age compared to children reared in two-parent households.” – The Effects of Family Cohesiveness and Peer Encouragement on the Development of Adolescent Alcohol Use. A Cohort-Sequential Approach to the Analysis of Longitudinal Data, Journal of Studies on Alcohol 55 (1994)

· “The absence of the father in a home affects significantly the behavior of adolescents and results in the greater use of alcohol and marijuana.” – Deane Scott Berman, Risk Factors Leading to Adolescent Substance Abuse, Adolescence 30 (1999)
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Ken Solin
08:40 PM on 01/04/2012
Thank you Mark, for supporting my position. Fathers are critical in raising children. I hope everyone eventually can agree about this.
06:29 PM on 01/04/2012
Great article, Ken. I know I have been critical of some of your other articles, but thank you for sharing you experiences as a single father and not male bashing.
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Ken Solin
08:41 PM on 01/04/2012
Thanks Trevon. I wouldn't recommend single parenting, but if that's the only way, then go at it with passion and the willingness to sacrifice.
12:56 PM on 01/06/2012
Your welcome. However, I'm still not interested in your book if the cover represents its theme. You endorse women yelling at men to act like a man? Would you ever have a cover of a man yelling at a woman like that?
06:16 PM on 01/04/2012
"This assumption that women are more capable of raising children than men are makes my blood boil." This makes my blood boil too, and I'm a feminist! I'm so sick of gender stereotypes. They do nothing but divide men and women, and that's not good for anyone (especially kids). The courts need to wake up and realize that men can be great parents, and women can be great wage-earners. I fully support dads who want both equal rights and responsibilities.
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Ken Solin
08:43 PM on 01/04/2012
Thanks Dawn. Unless the system changes its attitude, children are going to suffer the consequences. This isn't a gender issue. It's a parenting issue, and both parents are equally important in that endeavor.
10:22 AM on 01/05/2012
I actually do think there is some truth to women being more capable. But that doesn't mean, at all, that the Father has any less rights.

Whether we like it or not, women and men are different. I'm all about equality, but there are areas in life where women are expected to be treated differently, and we do with no exception. We as humans haven't decided what side of the fence we are on.

So, while I feel that fathers and mothers should have split/shared custody by default, women still (majority) are more capable than men. But, there is so much a child will learn when growing up with their father.

I am a single dad who wishes to have shared custody. My girlfriend has a son whose father is not around, and you can tell it affects him.
11:40 AM on 01/05/2012
Dawn -- thanks for the comment! One of the primary reasons this country went south was because we did not pass the ERA. That right-wing abuse led to left-wing abuse. To get where we need to go as a country, people must be recognized as individuals.