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Vicki Larson

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Fathers: Equal In Marriage But Not In Divorce?

Posted: 12/14/2011 3:30 am

The moms had seen him at the ballet school every Thursday -- an attractive 30-something guy with earrings and cropped blond hair. They gossiped about him -- Who is he? Is he unemployed? Is he a trust-fund baby? What is he doing with that cute little girl? Where's her mother? What is he doing here? He just doesn't fit in.

Finally, a mother got her nerve to walk up to him. "I see you here every week. What are you doing here?"

He was taken aback. What did this mother think he was doing at 3:30 p.m. on a Thursday, the exact time of the beginners' ballet class?

The answer was embarrassingly obvious: "Taking my daughter to ballet class."

It's a scenario that seems to be plucked off of the pages of Tom Perrotta's brilliant novel "Little Children," or the movie starring Kate Winslet and Patrick Wilson based on it. But this isn't a scene from a novel or a movie -- it's real life if you are a stay-at-home-dad or a single or divorced father.

As much as we love the idea of men being an equal partner in a marriage, we don't necessarily embrace the idea of men being an equal partner in a divorce. The divorced father who shows up for his kids in meaningful and obvious ways, such as taking a daughter to a midday, midweek ballet class, is still considered odd.

It's a similar but slightly different reality than that of stay-at-home dads -- the trail-blazing "feminist, father, and husband who doesn't care what the gender roles are," is how Diane Sollee, director of the Coalition for Marriage, Family and Couples Education, sees them. There were about 154,000 men in 2010 who stayed at home to care for their kids while their wife worked. But the recession, which hit men hard, has kept many more men at home, willingly or not. Given the many dads who work part time or consider themselves consultants but who are still primarily the caregivers to their children, that number is probably closer to 2 million at-home dads, according to Aaron Rochlen, an associate professor at the University of Texas at Austin.

That number is sure to grow; some 45 percent of men said they'd stay at home if their wife made more money than they do, according to a recent survey by Men's Health and Spike TV.

And then there are single fathers, about 1.8 million in the United States -- a 27 percent jump in the past decade, according to the latest Census. Of those single-father families, 46 percent are divorced, and another 19 percent are separated. That's about two-thirds of all single-father families -- a pretty substantial portion of men taking their children to ballet classes or Little League practice.

So why are we surprised that many of them are either co-parenting or have full custody? As Sally Abrahms writes in Working Mother magazine:

"Today, it's not uncommon for fathers seeking sole custody in a contested case to prevail at least 50 percent of the time. And Dad is asking for joint or primary custody more and more: Over the past decade, the number of fathers awarded custody of their children has doubled, according to the latest data. In the current generation of dads, gender doesn't dictate who changes a diaper or consoles an infant. And as fathers become more entrenched in their roles as co-caregiver, they're less willing to hand off that role when a marriage breaks down."

We should applaud that -- dad's an equal partner, exactly what women want! Yet as a society, we still aren't used to seeing dads being so hands-on with their kids in public. The stereotypes are challenging. All dads -- whether stay-at-home, single, co-parenting or full-custody divorced dads -- are likely to hear comments rife with judgment, such as, "Are you babysitting today?" or "Giving Mom a break?" if they're out with their kids. And they are suspect if they volunteer in classrooms, hang around parks while their kids play, or try to join in a playgroup, typically made up of moms. As one stay-at-home dad tells Andrea Doucet, a Brock University sociology professor and author of Do Men Mother, "It's kind of bad for men to be interested in other children."

But divorced dads often experience another layer of judgment and gender-based expectations. "When men parent as single parents, they're expected not to be as good at it," says Dr. Wendy A. Paterson, dean of the Ralph C. Wilson Jr. School of Education at St. John Fisher College in New York and author of Diaries of a Forgotten Parent: Divorced Dads on Fathering Through and Beyond Divorce. "We don't trust men. A lot of women, and they don't even understand they're doing this, take on all the mothering and they 'allow' the father a peripheral role or an 'invited in' role, and then when the father isn't as big a part of the lives of his children, they get blamed for not participating."

It isn't unusual for divorced fathers to hear comments like, "How often are you allowed to see your daughter?" As Sam Magee, a divorced co-parenting dad, writes, "despite having a solid full time job, a regular salary, and no concerning habits of any kind, people were stunned that I got 50% custody. 'Wow, that's a lot,' people would remark. 'Every weekend?' They were shocked that I was actually going to be a consistent and active part of my son's life post-divorce."

When people react that way with words, they react that way with behaviors, too. While they may have been fine letting their young daughter have a sleepover when a guy has a wife, not many feel the same when he gets divorced. Now it seems creepy.

That's on top of the general stereotypes that all divorced men are womanizers, cheaters and dead-beat dads; after all he must have done something wrong for her to dump his sorry butt.

"There's a huge need for people who can mediate the separation of a family into two families, and not one family with a visiting dad. Calling someone a visitor; the language of that has to change," says Paterson, a single mom. "Women will never be liberated until men are."

 
 
 

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04:38 PM on 01/06/2012
My husband divorced me and we have 3 sons together... I chose to share physical and legal custody with him. It cost me in the pocket but, I feel at peace knowing that he is truly a big part in their lives - for better of for worse. Money is irrelevant when the welfare of the children is involved.
08:38 AM on 12/29/2011
In your article, you quote, "Today, it's not uncommon for fathers seeking sole custody in a contested case to prevail at least 50 percent of the time. And Dad is asking for joint or primary custody more and more: Over the past decade, the number of fathers awarded custody of their children has doubled, according to the latest data." What is your source for this data? This is a preposterous assertion for we fathers who've been thrown off the boat of parenthood. I consulted with a half dozen family law experts who state that is around 90% mother custody awards.
09:25 AM on 12/29/2011
See articles at Stephen Baskerville's website, and for a list of constitutional rights violations and crimes committed by family court judge impostors go to Exiled Fathers website.
11:23 AM on 12/27/2011
This may not be the case, but from what I can tell, it is how I think after over 2 years of divorce proceedings. In Utah at least, the law is such that the parent who was the primary care giver during the marriage remains so in divorce and unless ...typically she agrees to give the father more than every other weekend, he will not get it. This is how the law is set up. First, I think that in any relationship, there is a mutual agreement of how things will go within that relationship and in divorce that will require the whole relationship to change. A father should not be punished for allowing a mother to be a stay-at-home parent, especially if that was her desire in the first place. Every divorce is different and all aspects should be looked at. Both parties will have to change how things were done. The children will no doubt suffer in almost all cases. That aside, I believe the law is set up the way it is for the sole purpose of keeping itself going. What could possibly be more emotional than your children? Any parent who cares at all about their children will want to fight for the right to have time with them.
11:54 AM on 12/27/2011
Given that the old school relationships were typically a woman being the primary care giver during the marriage; it's easy to use that as a way to give her custody...unless the man who is the bread winner typically wants to actually be a father. Then he will spend all his hard earned money, savings, retirement, etc in an effort to gain more time with his children feeding his lawyer, the ex's lawyer, judges, commissioners, evaluators, mediators, etc in the process.
The system feeds itself on the knowledge that most parents will do anything for their children, whether they are a good parent or not as seen by the court system. They will give up everything, even their life savings and going into debt any way possible, just to fight for their right to parenthood. Everything about the system is built around maximizing the fact that two people are getting divorced which almost always means they don't get along and disagree in many ways already by the fact they are getting divorced. Add children into the mix and emotions from a relationship gone bad and you get a recipe for disaster or an easy way to abuse them and get everything they have.
11:56 AM on 12/27/2011
How is it in any way beneficial for the children to have both parents throw away their life savings, split up their parents or steal one away from them and be thrown from house to house? In Utah, there is a lawyer who fights against father's rights to equal custody who just so happens to also be a state senator (or rep, I forget). His paycheck depends on parents disagreeing and he feeds off of that hatred. Even when his clients are so obviously wrong and breaking the law, he tells them they are in the right and fights for them to do what is wrong until they run out of money to pay his time. How is that not an injustice to allow someone the right to keep bad laws on the books so he benefits from the career side of it? To me, a HUGE part of our problem is the system is built to feed off of our primal need to stay a parent to our children.
11:04 AM on 12/26/2011
Men are definitely seen as creepy or weird often times if they enjoy spending time with their children and if a relationship has a working mother and a stay-at-home father, he is almost always seen as a free loader, NOT a hard working stay-at-home dad like women like to say they are if they are allowed that privilege from a hard working man. Double standard? I think so on all counts. Men and women should be equal. Both can earn, both can "free-load" by being stay-at-home parents. How the dynamics of any relationship happen to work is up to that couple, NOT the standards of society. I have served my country for over 10 years while raising my family and I have spent tons of time with my children only to have to deal with this mess just to hope to remain a father to them? That is guilty until found innocent, but it's even worse than that. You will be treated as guilty unless you happen to get a judge/evaluator/commissioner, etc that allow you to not be treated guilty even if they see you are innocent. Then they do this in the name of the best interest of our children. This is why there is such a big problem with this in our country.
11:04 AM on 12/26/2011
Is it really a dead beat dad or a father who refuses to pay a system that has allowed his children to be stolen from him. My brother paid over $25k into the legal system fighting false allegations proven wrong, but eventually just ran out of money and went bankrupt. Now he hasn't seen his children in over 3 years because to get any sort of visitation when the mother refuses is next to impossible and extremely expensive. There is almost no negative consequences for a mother who does this unless the father can afford to buy his lawyer a new car. I've spent over $40k trying to get joint custody of my children and haven't even made it to trial yet. The mother has found a new husband out of state, away from the children's 4 grandparents, over 20 aunts and uncles, and over 30 cousins AND their father just so she can have her new husband? How can that possibly be in the best interest of the children!? If the law allows this sort of behavior when a willing and able father is there, it's no wonder why our society is so screwed up and our country is going down in flames. We have to fix this for our children's sakes. It's not about a parent's rights, but a childs right to have both parents actively involved in their lives.
11:02 AM on 12/26/2011
Women are using old tactics by falsely accusing men of abuse to make them appear to be abusive when there is no evidence at all. This is alienation. Plain and simple. If women knew they would actually get a fair divorce and 1/2 the time with their child/children, my guess is that the divorce rate would drop in 1/2 or more and people would try to work on a marriage rather than just giving up when they don't get what they want and expect to get it in divorce. You can't keep a stay-at-home parent typically in a divorce. Both parties will have to provide for the children equally, NOT just one side while the other gets remarried and wants the ex to continue to pay for a child they rarely will be allowed to see. I'm a father, NOT a paycheck. Stealing a father's children from him is bad enough, but adding to that having to pay a mother who steals his children is just insult to injury. It's not always that a father doesn't want to pay for his child. It's that a father wants to do all the things the mother is doing with that money himself. No one wants to pay anyone one cent of their hard earned money for stealing something from them. Statistics show that fathers who are allowed time with their children pay child support. Father's who are not allowed time, will not pay child support.
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All Seeing Guy
Bottomless ATM.
07:56 PM on 12/20/2011
Finally, a mother got her nerve to walk up to him. "I see you here every week. What are you doing here?"

"I come here to pick up married chicks, what about you"
04:24 PM on 12/20/2011
Sally Abrahms was being very misleading when she said, "Today, it's not uncommon for fathers seeking sole custody in a contested case to prevail at least 50 percent of the time." She's using rhetorical doubletalk to give the impression of an actual statistic.

It is not true, by any stretch of the imagination, that fathers seeking sole custody in contested cases prevail anywhere close to 50% of the time, let alone more than that. The fact is, judges come from the same population described in the rest of the column: namely, they are people who stereotype fathers as less competent at best, suspicious at worst. And, they make their decisions accordingly.
12:20 PM on 12/26/2011
The percent of fathers that get joint or sole custody may have risen by 50% in the last few years, but it is not 50%. It's still far below even 25%. Maybe in one particular court district it's 50/50, but not nationwide. 50/50 will be a nice day when that statistic is real!
03:59 PM on 12/20/2011
Thank you for this piece! My husband is constantly treated as a substandard parent because he is no longer with his either of his sons' mothers. It's ridiculous because he is one of the most involved, fantastic fathers I've ever been around when the boys are in our home. Having experienced this firsthand, I find it to be an antiquated ideal that men are not as good at parenting as women. Carrying a baby for the gestational period gives you a hormonal link to the baby, not an automatic set of knowledge about how to care for and/or raise a child.
12:25 PM on 12/26/2011
I've been accused by some of not giving my ex the respect she deserves for being the mother of my children. I've spent $40k just to be able to try and stay actively involved in my 4 boys lives. I've been on temporary orders as we are not to trial yet after over 2 years. I see my boys Tuesday, Wednesday and Thursday through Saturday night at 7 they are with me the whole time every week. That's 5 days a week I see them. I live 50 miles from mom and I drive that all, but Saturday night, yet she complains about having to come pick them up once a week when I make the drive 4 times a week. When someone doesn't show any value that I am the father of my children, why should I return the favor for them being the mother of my children when all she wants to do is completely take me out of their lives? So no, I hold no value for my ex for JUST being the oven they came from. Children need both parents to love ans support them. Respect is earned, not deserved.
01:48 PM on 12/20/2011
Hi Vicki,

I keep trying to post but am unsuccessful. If this one makes it on, a big hoorah for your piece. Every voice counts. And thank you for your link to the Good Men Project. This is an important and oft under-reported topic. Many thanks.

Sam Magee
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Vicki Larson
Journalist, mother, thinker
03:39 PM on 12/20/2011
@sammagee — Thank you back. I tried to contact you but was unsuccessful. But I was thankful I found your observations
01:31 PM on 12/20/2011
Here's the real divorce equity: For every father who feels shafted by the system, there is at least one mother who feels shafted by the system, too. What percentage of divorced parents are happy with custody, support, etc.? My ex underpaid me child support for four years. Now, to get restitution, he expects me to agree to perfect 50-50, even though he will not be home one night a week. In many cases it's all power play and nothing about the child.
04:15 PM on 12/20/2011
I don't know if the frequency of complaints are as equal as you say, but I definitely notice a difference in the TYPES of complaints­. Most mothers (like you) complain that they don't get enough money or that it was too difficult to obtain what they feel is their inherent right to full custody; most fathers (probably like your ex) complain that they don't get enough time with their children.

When one family splits into two families, there is RARELY enough money not to create hardships, and a lot of fathers feel those hardships should be shared equally. Neverthele­ss, losing my children would be a far greater hardship than struggling financiall­y. So, while statistica­lly, custodial fathers are awarded much lower child support than mothers (and non-custod­ial mothers are statistica­lly more deadbeat than non-custod­ial fathers), custodial fathers generally feel lucky just to have their children. ANY child support is just gravy.
12:28 PM on 12/26/2011
I'm just guessing that you want sole custody of your children and you would not agree for your ex to have a joint custody situation. So you want your children all the time, but you want your ex to pay for you to steal the children from him. Hmmm Maybe you should just be happy you have your children rather than bitching about not getting money to steal them from him. Maybe you should look at what is in the best interest of your children and give them a father. If all he wants is on paper to have them 50/50, but he will not be able to spend the time with them that is a different matter and they should actually be able to be with a parent if possible, but if he would be there with them, then they need both parents equally.
01:19 PM on 12/20/2011
Vicki,

Thank you for this piece. You have listed some resources and quotes that I will be sure to look into. Every article helps reassure divorced-dads that they can and need to be a part of their child's life post-divorce. The Good Men Project is a great forum for exactly this. Thanks again.

Sam Magee
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CSNC
Living on the edge -- not taking too much space
01:13 AM on 12/20/2011
"Why Do Single Dads Get Shafted?"

Because it has been, it is, and will always be our fault.

H
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Dads Divorce
DadsDivorce.com provides divorce resources for men
10:41 AM on 12/19/2011
Thank you for the article. While it's true more fathers are being awarded more parenting time with their children, the still present disparity is why there are so many fathers rights groups and law firms fighting for fairness.

A previous article on HuffingtonPost.com by Joseph Cordell summed up the fathers rights movement as being about fairness; not anti-mom or anti-woman, just anti-unfairness.

The site MensRights.com recently featured alarming, but unfortunately not surprising child custody and child support facts provided by the U.S. Census Bureau (http://www.mensrights.com/index.php/Articles/Child-Support-Facts-and-Fathers-Rights.html): Fathers represent only 17.8 percent of custodial parents. Of the 11.2 million custodial mothers, almost 55 percent were awarded child support. Yet of the less than 2.5 million custodial fathers in 2009, only 30.4 percent were awarded child support. That is significantly down from 2007 when 40.4 percent of custodial dads were awarded child support.

It's about treating dads fairly and leveling the playing field in today's family law system.
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Vicki Larson
Journalist, mother, thinker
05:40 PM on 12/19/2011
@Dads Divorce — You're welcome. Men and women need to be treated fairly, in courts, on the play yards and in the boardroom.
07:58 PM on 12/19/2011
I hope you've read all the comments here. You'll probably gain some insight. (And, the idea of J. Cordell not being "anti'-mom" made me laugh out loud. Thanks for the laugh.)
09:42 PM on 01/04/2012
"Joseph Cordell summed up the fathers rights movement as being about fairness; not anti-mom or anti-woman­, just anti-unfai­rness."

to be fair, he never said J. Cordell wasn't anti-mum. rather that the father's right movement wan't.
10:01 AM on 12/19/2011
Men brought this stereotype on themselves by not being actively involved in their children's lives for generations and by insisting women stay at home to take care of the children. Now that women haven broken out of that mold now it's time for men to break out of their role of "bread and butter". Get with the times and get over it. As more men follow this...trend...the more it'll become the norm and more socially acceptable. But like every movement, it takes time and effort. Now stop whining, men, and go get your kids ready for school!

Signed,
Single (never married) mother co-parenting with Single (never married) father. It happens, get over it!
07:53 PM on 12/19/2011
"Men brought this stereotype on themselves by not being actively involved in their children's lives for generations and by insisting women stay at home to take care of the children." If you don't see how messed up you sounded in that post, then it's not even worth arguing with you because you're obviously too stubborn.
12:35 PM on 12/26/2011
Fathers were expected to provide for their families. Women wanted equal rights and now they are complaining that maybe in some areas they are getting it. If they want equal rights, give it to them. Equal rights to get screwed in divorce. Equal rights to have their children stolen from them. Equal rights to have to pay their ex to raise their children instead of her. Let her work and let a man stay home with them if he's willing. Equal isn't always better when you had it better to begin with IMO. I would LOVE to be a stay-at-home dad like so many women appear to dislike. Fathers were in the role they were given and now it's changing. Make it equal and see how they really like it!