New information about child support payment from the census bureau shows that when it comes to custody cases, fathers are still getting the short end of the stick.
- Mothers more likely to get custody, child support
- Fatherless homes lead to troubled children
- Men need to be proactive to protect rights in custody cases
It Pays To Be Mom
The latest census information reveals that of the 13.7 custodial parents in the country, only one in six are fathers. The report, which uses 2009 data, notes that while 55 percent of custodial mothers are entitled to child support, only 30.4 percent of fathers are awarded money from an ex-spouse.
The figure is a sharp drop from 2007 numbers, when support was awarded to 40.4 percent of fathers.
"When mom is awarded custody, it is almost twice as likely that she will be awarded child support than if dad is awarded custody," says St. Louis family law attorney Joseph Cordell, principle partner of Cordell and Cordell, P.C. "As a law firm that focuses on representing men in family law cases, these numbers are unfortunately not surprising."
"These statistics reinforce the antiquated notion that mom should take care of the kids and dad should serve as an ATM," Cordell says. "On the rare occurrence when a father is deemed the primary custodial parent, these stats prove he should consider himself lucky and he does not need child support like a custodial mother would be awarded."
Know Your State's Law
"You'll be hard pressed to find a child custody law that is more favorable to fathers than mothers," Cordell says. "Many states' child custody laws specifically say the child is entitled to maintaining a relationship with both parents, but those same laws do not outline the quantity of time each parent has to establish and foster that relationship."
Divorce laws vary by state. California, for example, is a "no-fault" state, where couples do not need to state a reason for wanting a divorce. Illinois, on the other hand, requires that parties file for one of various reasons, including abuse, drunkenness, and impotence. All the tangled issues that come up in divorce proceedings can become part of thecustody ruling.
In general, judges make decisions in tricky issues like custody and child support when couples cannot come to an agreement on their own. As the statistics show, rulings do not come out favorably to men. "More than any other area of the law, family law judges have a huge amount of discretion, allowing ample opportunity for biases," Cordell notes. "Historically, these leanings have not worked in the favor of men."
Won't Somebody Think of the Children?
"It's important to remember that men and fathers are not the only victims when they are discriminated against and forced out of their children's lives by a biased family law system," Cordell says. "The children who do not have a father playing a significant role in their lives are also victims."
The attorney maintains a site on men's rights that details the consequences of children raised in fatherless homes, citing government statistics showing they make up:
- 63% of youth suicides
- 71% of pregnant teenagers
- 90% of all homeless and runaway children
- 70% of juveniles in state-operated institutions
- 85% of all children that exhibit behavioral disorders
- 80% of rapists motivated with displaced anger
- 71% of all high school dropouts
- 75% of all adolescent patients in chemical abuse centers
- 85% of all youths sitting in prisons
Real Men Protect Their Rights
"The best advice anyone could give a dad preparing for a child custody battle is to become as active as possible in the lives of his children and to document everything," Cordell states. "Almost every state determines custody and visitation issues based on the best interests of the child standard so it's important to show the judge that retaining an active role in your children's life is in their best interests."
He cautions men to not let their behavior in court prejudice a judge against them. "Irrational and aggressive behavior may have a profoundly detrimental effect on your case, so be mindful of your actions throughout the proceedings," the lawyer says.
Cordell maintains two websites with more resources and information for fathers looking to protect their rights:
Some other sites provide information for divorced men and men's rights in general:
By Aaron Kase is a news reporter for Lawyers.com.
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