Fathers Rights

2011-09-28T12:07:00.000-05:00

Do what's best for your children and make sure they never forget the positive role and true impact a father has in their lives. What ideas do you have to accomplish this in our gender-biased society?

Illinois Virtual Visitation for Incarcerated Fathers

2011-09-27T12:26:00.000-05:00

Chicago, IL – A non-violent felony conviction has landed Juan behind bars for the next three years. As Juan is trying to adjust to prison life, his young son is trying to adjust to life without a father. Juan, like countless numbers of inmates in Illinois, is locked up in a correctional facility far from where his elderly mother, wife and son live. The high cost of transportation and related expenses make regular visitation unaffordable for the impoverished family.

Every time someone breaks the law, there are victims. While the system tries to bring justice to those victimized, new victims are created. The plight of the incarcerated fathers may not evoke sympathy in many people. However, I must point out that the grief and suffering of their children are exacerbated by a correctional system that is ill-equipped to address the pain of losing their fathers.

Research has shown that children whose parents have been incarcerated “experience anger, anxiety, inability to concentrate, depression, preoccupation with their loss, sadness, grief, shame and fear following the incarceration.” However, children who often visit their incarcerated parents and do so under favorable conditions “exhibit fewer adjustment problems.” As for the prisoners, those who maintain strong family ties behave better during incarceration, re-enter society with better success, and have a lower rate of recidivism.

Many correctional facilities in Illinois are remotely located from the Chicago population. The sheer distance discourages many families from visiting their relatives in prison. The high costs of transportation, food and lodging, not to mention the substantial amount of time involved, are additional inhibiting factors. Most importantly, however, the prison can be an inimical environment for children so that a visit there may be traumatic. As a result, many families opt for telephone contact. Unfortunately, telephone contact is totally unsatisfactory. Not only is it expensive for the families because all calls from prison must be collect calls, but also frustrating to the children because they do not see their parents.

Virtual Visitation for Incarcerated Fathers

For years, I have been warning of the damage done to children who grow up without contact with their fathers. Due to the large population of incarcerated fathers in Illinois, many children are growing up fatherless. Extensive research has shown that children whose fathers are involved in their lives perform better in school, complete more years of schooling, have fewer behavioral problems, have better cognitive and psychological development, experience less poverty, are less likely to drink and use drugs, and have better self-control.

As the chairman of the Illinois Council on Responsible Fatherhood and as a fathers’ rights advocate, I have been pushing for the creation of a virtual visitation program for incarcerated fathers in Illinois. This program will enable children to interact with their incarcerated fathers via real-time video and audio conferencing, eliminating the problems associated with traveling to and visiting the prison. Instead, visits can be scheduled in a child-friendly environment – with toys and appropriate furnishings and decorations.

I have co-authored an amendment to the Illinois Marriage and Dissolution of Marriage Act to provide for reasonable visitation between a child and a non-custodial parent through electronic communication including video conferencing. This bill (SB1590) is awaiting a decision at the Illinois State Senate, and would give legal support to the virtual visitation program for incarcerated fathers that I advocate.

Virtual visitation with inmates is not a new concept. The pioneer seems to have been the State of Pennsylvania, where a program began in 2001. The Pennsylvania Family Virtual Visitation, created by The Prison Society in partnership with the Pennsylvania Department of Corrections, provides high-tech video conferencing equipment that allows families to visit in “real time” with their loved ones who are incarcerated. For a small fee of $20, families can schedule a 55-minute visit once a month. According to The Prison Society, inmates, family members, and prison staff have expressed their support for and appreciation of this program. Correctional officers have reported that many inmates are better adjusted and seem happier after virtual visits. Virtual visitors express how important and meaningful the program is to the health and welfare of their families.

In Florida, there is a program called Reading and Family Ties, which allows incarcerated mothers to read stories to their children using live video via the Internet. The program has been credited with enhancing family unity, easing inmates’ transition back to society and improving literacy for both parents and children.

In Illinois, we, too, have had success with a pilot program for incarcerated mothers, but none for fathers. Through this incarcerated mother program, which was created through the partnership between the Illinois Department of Corrections and the Women’s Treatment Center, staff are available to the families prior to, during and after each visit to address their needs, and to ensure that the visit is child-focused.

A subsidiary benefit of virtual visitation for incarcerated fathers is the rehabilitation of the father, but the most cogent reason for implementing this program is the welfare of the child. It is past the time for Illinois to enact a law and establish a program that help the tens of thousands of children have a relationship with their incarcerated fathers.

Jeffery M. Leving is the author of two ground-breaking books, Fathers’ Rights and Divorce Wars. He co-authored the Illinois Joint Custody Law and has made frequent appearances as an expert legal analyst and commentator on CNN, CNBC, MSNBC, FOX National News, and ABC News. He is also the Chairman of the Illinois Council on Responsible Fatherhood and President Emeritus of the Fatherhood Educational Institute. Leving is dedicated to focusing on what is best for the children – a relationship with both parents.

Father absence in America: Turning the tide on fatherlessness

2011-09-27T12:18:00.000-05:00

Fatherlessness has been one of the greatest challenges and social epidemics of our time. Its devastating effects can be seen throughout the United States, especially in lower-income communities. Many fatherless children become trapped in an unending cycle of poverty and academic failure.

Statistics demonstrate that growing up without an engaged and committed father can be the root cause of the rapid decay of our children, threatening the future of our society as we know it. Thankfully, through the collective support of fatherhood initiatives across the United States, the overall decline of fatherhood has been slightly reversing. However, in the African-American community, the number of children growing up in homes without both of their parents is actually increasing because of the additional challenge of race-based discrimination. The absence of fathers is one of the most critical issues facing the African-American community today.

It is good news that, according to the U.S. Census Bureau’s Current Population Survey Report, two million more children are now living in homes with their biological fathers today than in 2004. However, the bad news is that, according to a Hampton University’s National Center on African American Marriages and Parenting (NCAAMP) report, only 29% of African-American children live with their married parents, while the rate for all American children living with their married parents is 61%. We, as a society, are leaving a whole segment of the population behind.

Confronting the phenomenon of father-absence is one of this nation’s most serious societal issues. Addressing father-absence and providing advocacy for responsible fatherhood is critical for change. Children of all communities are counting on us for an equal opportunity for a bright future.

Legislative Advocacy

In 2002, I presented testimony to Congress on “Father Absence as a Causation of Crime and Drug Abuse” and the proactive father involvement strategies necessary to remedy fatherlessness. I stressed that the most reliable predictor of crime in America is growing up fatherless and that there is a direct correlation between violent crime, juvenile delinquency, drug abuse and father-absence. This is still a social reality needing a solution.

My responsible fatherhood testimony involved a solution, which has not yet been successfully implemented. Three implementation strategies continue to be necessary as follows:

Promoting substantial positive father imaging and involvement by use of the media;
Providing free parenting education to indigent teen and incarcerated fathers; and
Creating a Judicial Task Force on Father Absence to educate judges on the effects of fatherlessness on children, families and society. The necessity of such a task force is based upon my belief that many judges adjudicate the consequences of father absence, but don't have the data concerning these consequences to guide them to correct resources necessary to deter crime and drug abuse.

In 2003, the Illinois Council on Responsible Fatherhood (http://responsiblefatherhood.illinois.gov), a state commission established by the Illinois State Legislature to promote the positive involvement of both parents in the lives of their children, was created. This is a positive step that other states will hopefully replicate.

In 2006, The Fatherhood Educational Institute (http://fatherhood-edu.org) launched an “Incarcerated Fathers Project" program designed to empower incarcerated fathers to assume emotional, moral, spiritual, psychological and financial responsibility for their children, both during and after release from incarceration. The goal of the project is to educate fathers in real responsibility, not blame for who and what they are, and to thereby enable fathers to lead healthy and productive lives and create previously unimaginable bonds with their children. This is another important resource supporting social change and hope.

In 2008, President Barack Obama exclaimed in a Father’s Day speech, “Fathers are critical to the foundation of each family. They are teachers and coaches. They are mentors and role models. They are examples of success and the men who constantly push us toward it.”

President Obama highlighted the consequences that befall children who grow up without a father. In doing this he stressed the following critical statistics: “children who grow up without a father are five times more likely to live in poverty and commit crime; nine times more likely to drop out of schools and 20 times more likely to end up in prison. They are more likely to have behavioral problems, or run away from home or become teenage parents themselves. And the foundations of our community are weaker because of it.” Such support for the promotion of responsible fatherhood is invaluable.

In 2009, the White House Office of Faith-based & Neighborhood Partnerships, senior White House staff and other community leaders convened the first White House Community Roundtable and Town Hall Meeting on Responsible Fatherhood and Healthy Families.

As 2011 begins, I am encouraged that we are finally turning the tide of father absence in America. But, I am fully cognizant of the responsible advocacy work that is still yet to be completed.
Although we have made progress over the past decade, there is much more work to be done. I credit Responsible Fatherhood programming across the nation that has focused on equipping men to be better fathers and role-models for children.

The greatest natural resource of this country lies in its children. Promoting responsible fatherhood is a must because fathers play a vital role in the growth and stability of our nation’s children. The bottom line is that every child in America deserves a chance.

New Abortion Legislation: Fathers Will Have Final Say

2011-09-26T18:13:00.002-05:00

Legislation in the Ohio House of Representatives (House Bill 252) requires written consent from the father of an unborn child in order to perform an abortion. The bill will put to test the “it’s my body, it’s my right” notion of pro-choice activists by adding the rights of the father of the unborn child into the equation. Ideally, the decision of abortion should be a consensus between both parents, with both parties being involved in any decisions regarding the child.

This is a significant legal and social issue where parental rights are heavily unbalanced due to the fact that a father plays no role in a matter as critical as his unborn child’s life. If a woman decides to keep her child, the father is required to pay child support regardless of whether he wanted to keep the child or not, or face future jail time. A father currently has no say. Alternatively he cannot opt-out of parenthood, but a woman can: She can do so by abortion.

Under the Ohio Bill, a woman must have written consent from the father; if a woman is claiming rape, she must file a police report, provide other court documents or an official complaint of the incident. If the woman chooses to undergo an abortion in this case, the physician must have “reasonable cause” to believe the woman’s claim of rape and thus, perform an abortion. In cases where the father may be unknown, a list of all potential fathers must be submitted to a physician. They will all be contacted and summoned to a paternity test. If the father is not found, no abortion can be performed. The bill would turn abortion without a father’s permission or naming a “false biological father” into a first-degree misdemeanor with a maximum $1,000 fine. A second occasion of providing false information would be considered a fifth degree felony.

“When the fetus is viable, no person shall perform or induce an abortion on a pregnant woman without the written informed consent of the father of the fetus,” the bill text reads.

State Representative John Adams says that the bill was not written to cause controversy. He says that it is important that both parties who created the unborn child have a say in whether or not the pregnancy is terminated. “Since the father will have the responsibility of child support, he should have rights regarding the birth or destruction of the fetus,” according to veteran matrimonial attorney Anthony D’Agostino (http://dadsrights.com).

Recently, an instance regarding an alleged lack of father notification in regards to an abortion has commanded national attention. In New Mexico, a man lashed out at his ex-girlfriend by means of an anti-abortion billboard after the ex-girlfriend had allegedly undergone an abortion procedure without any notification to the purported father. The billboard depicts a 35-year-old Greg Fultz holding the outline of an infant with text that reads, “This Would Have Been a Picture of My 2-Month Old Baby If the Mother Had Decided Not To Kill Our Child!” The case seems more about the ex-girlfriend’s privacy than about father’s rights.

Regarding the paternal veto or override of an abortion, that is a decision which should be eventually decided in Ohio. This important decision can set legislative precedent for every other state in our nation.

No Child Left Behind

2011-09-22T14:22:00.000-05:00

The Obama administration is set to make a change in the educational system. The No Child Left Behind Law is a step towards improved educational reform where student attendance and participation are just as important as grades and performance. Replacing the pass/fail system is a gradual change in shaping the future leaders of tomorrow. Vigorous intervention is a must for every school that tries to enforce a positive and prestigious learning environment with minimum failing outcome. The high achievers should be rewarded for their hard work and persistence and those who fail should be urged and stimulated to excel. Every state in our nation should have an improved educational system that works and is headed towards positive change.

The administration’s proposal for reform in our school system also involves a change in the quality of staff in comparison to quantity. Qualified staff should be hired and expected to excel and be held accountable. Teachers should be evaluated and monitored on a frequent basis to ensure maximum performance.

States should be required to adopt “challenging academic standards” to be eligible to receive federal money for impoverished students. Funding should be provided for those schools that use it to maximize performance and achieve substantial learning. As President Obama stated, grants should be competitive.

Another way to maximize performance in schools is through positive reinforcement by fathers. While there are clear benefits to father involvement in children’s lives, many barriers remain. Some of the possible obstacles in the education of our children include the following:

· The attitudes and personal beliefs toward father involvement of mothers, teachers, caretakers, and child care/education program staff;

· Family and/or cultural beliefs concerning male involvement; and

· Societal expectations and views of male involvement in children’s lives related to their care and support.

It is critical to support the involvement of fathers in the lives of their children and reduce these barriers. There are resources that can assist in dismantling these barriers to responsible fatherhood at http://responsiblefatherhood.illinois.gov.

We are headed in the right direction. All we need are persistent steps “with hope” in the right direction to make that change happen.

Special thanks to the US Department of Health and Human Services for their resource material utilized in this article.

Responsible Fatherhood Protects Kids

2011-09-22T14:12:00.001-05:00

Child abuse is the most difficult and traumatic experience that can target a child. In my 30-year-practice as a matrimonial lawyer, I have discovered that child abuse is often a result of father absence. The presence of a responsible father is critical to combating child abuse.

When the biological father is guilty of abuse, a specialist’s intervention is often a must. A psychologist or a psychiatrist who specializes in that area can hopefully be a life saver. In appropriate cases, children must be removed from the abusive parental household and parental visitation should be therapeutically supervised or terminated until further order of court.

In my book, Fathers’ Rights, I teach fathers how to be the best parents they can be and how to protect their children. Many children fall victims of abuse because their fathers are kicked to the curb by the legal system and can’t protect them. I have written at the top of page 47 in my book a significant fact that contributes to abuse:

“The absence of a biological father increases by 900 percent a daughter’s vulnerability to rape and sexual abuse (often these assaults are committed by stepfathers or the boyfriends of custodial mothers).”

It is not the presence of a responsible biological father that puts his children at risk, it is his absence.

I have used significant research in my book. For example, research indicates that compared to living with both parents, living in a single-parent home doubles the risk that a child will suffer physical, emotional, or educational neglect. As I stated in my book, several psychologists have documented the developmental difficulties endured by fatherless children, such as low self-esteem, poor school performance, hyperactivity, depression, withdrawal and several degrees of paranoia. Fatherless children continue to encounter educational, career, and relationship failures more than their peers from intact families.

It seems that our legal system’s definition of “support” must be expanded to include the love, nurturance, discipline, guidance, and companionship a child needs from both parents. In my book Fathers' Rights I used a study of 273,000 children who identified thirty requirements vital to a child’s successful growth and development. Parental availability, approachability, communicativeness and involvement were at the top of the list. The most valuable support a parent can provide isn’t payable in cash.

There is no doubt that the intense suffering and toxic trauma inflicted on fathers and children by judicial bias is extremely serious. According to the Census Bureau, 18 million US children live in single-parent homes. Only 3.5 percent of these kids live with their dads. Only one in six divorced dads sees his children once a week or more. These numbers speak volumes about the current gaps in the judicial system when it comes to paternal involvement.

Being a father is the most fulfilling role a man can have. However, egalitarian fathers demonstrate greater involvement in their child’s life than those with traditional views. It seems that sometimes tradition plays a counter role in parenting. When traditional family structure becomes the reason a child is being abused then there is something terribly wrong with that tradition and the family who chooses to follow it. There is no excuse for child abuse.

In cases where the noncustodial parent has a well-documented history of violent, abusive or destructive behavior, the court is empowered to require that visitation take place only under supervision. Supervised visits are ordered to protect the child, but can also safeguard a noncustodial parent from false accusations of child abuse or other inappropriate behavior. Sanctions imposed to punish contemptuous violations of a court ordered supervised visit can include fines, forfeiture of child support and sometimes incarceration.

I always advise fathers to be responsible, be good to their children and spend quality time with them. There is no replacement for a biological father; his presence in his children’s lives can ensure proper education, growth, stability and moral support. There are free resources on line that can help fathers, such as the Fatherhood Educational Institute (http://fatherhood-edu.org). Fathers must utilize these resources and get the help they need to stay right on track with their kids.

We must all learn to be good to one another and appreciate the most important thing in our lives- our children.

Sheriff Posting Pictures of "Deadbeats": Hounding "Deadbroke" Dads Won't Pay

2011-09-16T12:24:00.000-05:00

Cook County, IL - Sheriff Tom Dart announced that his department’s website will post photographs of 1,100 “deadbeat” parents who are currently being investigated by his department under the charge that they owe large amounts of child support. In addition, this list of “child support warrants” is placed right under the list of the “criminal warrants” on the Sheriff’s website.

Dart’s announcement is particularly remarkable to me considering that these fathers have not yet been proven guilty and are still under investigation. Each one is entitled to his day in court; that’s what due process and equal protection guarantees everyone. These are basic constitutional safeguards. Yet, these dads will now be convicted in the court of public opinion. Furthermore, it is very questionable that Dart will be collecting much of anything anyway.

These postings have the potential of victimizing innocent fathers. Nationwide these postings are never comprised of well-heeled businessmen, lawyers and accountants, but instead, of fathers who do low-wage and often seasonal work, and owe large sums of money, which they could never hope to pay off. However, the child-support system is largely impervious to the economic realities working people face, such as layoffs, wage cuts, unemployment and work-related injuries. According to the Urban Institute, less than one in 20 noncustodial parents who suffers a substantial drop in income is able to get courts to reduce the support obligation.

According to both the Fatherhood Educational Institute (http://fatherhood-edu.org) and the California Department of Child Support Services, there are four primary factors creating child-support arrearages: “high child-support orders established for low-income obligors”; “a limited number of child-support orders adjusted downward”; “establishment of retroactive child-support orders”; and “accrual interest on child-support debt (9% in Illinois).” Much of the child support arrears is comprised of interest.

It is understandable that government officials may want money spent on welfare benefits to be repaid. Yet, it makes little sense to hound low and no income fathers, particularly since research shows that in some cases, were it not for child support, the men would still be playing a role in their children’s lives. Furthermore, posting photos of accused “deadbeat” parents who have never been found guilty of any crime or found in contempt for non-payment of child support goes too far. It is wrong.