Custody rights bill for fathers dead in Assembly
April 26, 2006
|
Posted by ANCPR
Custody rights bill for fathers dead in Assembly
Custody rights bill for fathers dead in Assembly
Supporters say bill would balance system they say favors mothers
By JAY GALLAGHER and CARA MATTHEWS
Albany Bureau
ALBANY — An Assembly panel Tuesday killed for the year a proposal to give fathers greater custody rights in divorce proceedings.
By a 12-4 vote, the Assembly Children and Families Committee scuttled a contentious plan that would have made courts presume that shared parenting of children is the best arrangement for divorcing couples and their children, if there was no accusation that it would harm the children.
The bill’s supporters say that courts now award custody to the mother in most cases, with fathers limited to occasional visits. They said 13 other states have adopted similar legislation to level the playing field for fathers.
But the majority of committee members were swayed by arguments that the bill would put the needs of the parents ahead of those of the children.
“The best interest of the child would no longer be the focus if this bill is approved,” said Assemblyman Adam Bradley, D-White Plains. “This moves in absolutely the wrong direction.”
But Assemblyman Ruben Diaz, D-Bronx, said he would want a chance to continue participating fully in the upbringing of his two boys should he and his wife divorce.
He said the bill “would assure that fathers and noncustodial mothers are being treated fairly by the courts.”
In contrast, Assemblywoman Deborah Glick, D-Manhattan, pointed out that “in the majority of cases, there is nothing in law preventing parents from making any arrangements they want to.”
The committee vote means the measure won’t advance to the floor to be considered by the full Assembly, effectively killing it for the year. The Senate wasn’t expected to act on it until the Assembly made its decision.
Most parents work out custody arrangements without having to go to court, said Mo Therese Hannah, a Siena College psychology professor. Of those who do end up in court, many involve allegations of domestic violence and abuse, she said.
The presumption in the bill that parents would share custody of the children would place an unjust burden on the abused spouse, usually the woman, to prove mistreatment has taken place, Hannah said.
“The court system becomes a new venue for abuse,” said Hannah, a single mother of four who organizes an annual Battered Mothers Custody Conference.
“Oftentimes, it’s the abusive parent who wants to impose joint custody on a woman … so that they can maintain control over that woman, power over the children,” she said.
But it’s unfair to label fathers who fight for equal visitation as abusers, said Randy Dickinson of Malta, Saratoga County, vice president of Fathers and Families New York, a fathers’ rights group. The reason most dads don’t fight for custody is because it’s standard practice for New York courts to award it to mothers, he said.
“These aren’t domestic-violence abuse cases. I’m one of the 10 percent that chose to fight it and there was no abuse in my case, nor is there in the vast majority of other cases that go before the courts,” said Dickinson, who was awarded limited visitation with his daughter, now 14. “They’re simply fathers that are desperate to prevent their children from being taken away from them.
“If they think that shared parenting is such a bad idea and that it won’t pass the Legislature, then why can’t they let it out of committee?” he asked.
Marcia Pappas, executive director of the National Organization for Women in New York, said the shared-parenting legislation has been proposed numerous times and her group and others have lobbied strongly against it.
“The intelligence of the Legislature certainly came through in that committee meeting (Tuesday), and we’re very proud to know that they’ve done the right thing,” she said.
The consensus of committee members Tuesday seemed to be that the custody system is broken, Dickinson said, so lawmakers need to come up with a way to fix it.
Comments
Powered by Facebook Comments
Categories: Courts and Legislatures, News
|
Leave a reply
When will this insanity end! What will it take for people to understand that all men want is to be treated fairly in the Family Court system? Unlike Mothers, Fathers do not want preferential treatment.
Well, there’s two choices. We can either wait it out and see if the shared parenting bill will someday be passed (doubt it),or, we can all just stop paying the extortion. I find that if we all stop paying the extortion the chances are greater to get things changed, than to wait around for someone else to do it. History shows that the people that stood up to the oppression were granted what they need, and the one’s that didn’t died being oppressed. The changes are not going to happen any time soon.
The New York State Assembly is comprised of 102 Democrats and 42 Republicans. Of the three Democrats who are quoted in this article, 2 are opposed and 1 is in favor of this pro-father/pro-family legislation.
If the 16 people, who participated, represented their parties in proportion to the total number of delegates for each party, then the number should be roughly 11 Democrats and 5 Republicans voting.
A 12 to 4 vote in favor of discriminating against the father is largely the work of Democrats.
It is important to know the party affiliation of the people who are perpetuating this “unlawful†discrimination against fathers and children. These are the people who can change the laws. If the majority of the people who discriminate against fathers/men are “Democratsâ€, then we need to get them the hell out of public office.
Kevin Merck
Jim:
You’re right; history has not been very kind to people who value the material world over the moral and spiritual. To me, that’s what it boils down to. I don’t know what all your circumstances are, but if it is just a matter of giving up your present job and a few toys associated with keeping that job, then isn’t your freedom and your daughter’s freedom worth that?
Common sense should tell anyone that if enough of us “refuse to pay†that this discrimination will be exposed and ended. It requires a commitment and “personal sacrifice†that not all of us are willing to make. Anyway, for those who are not up to that level of commitment and sacrifice, there is still a lot you can do.
Run for office, you’d be surprised how “pitiful†some of the people are who are elected to serve on a local level simply because other people never consider it. Keep writing letters and so forth.
I think you are also right that it’s not going to change any time soon, at least, not at the rate things seem to be going. Hang in there and keep up the fight. I hope you find it in yourself to stop cooperating with this domestic enemy, I think once you stop, you will wonder how you ever put up with it to begin with.
Sincerely,
Kevin Merck
Kevin said,
“Run for office, you’d be surprised how “pitiful†some of the people are who are elected to serve on a local level simply because other people never consider it. Keep writing letters and so forth”
I’ve thought about it. Imagine just how many NCP’s that are out there that would gladly vote for somone that would do everything in his/her power to change/promote house bills in regards to shared parenting. That would be a HUGE voting block! I would love to quit my job and sacrafice the toys, however, if I want to be in politics I’ve got to play by the rules.
“The presumption in the bill that parents would share custody of the children would place an unjust burden on the abused spouse, usually the woman, to prove mistreatment has taken place, Hannah said.”
That’s why it’s called PRESUMPTION you moron, unless otherwise.
“But it’s unfair to label fathers who fight for equal visitation as abusers, said Randy Dickinson of Malta, Saratoga County, vice president of Fathers and Families New York, a fathers’ rights group. The reason most dads don’t fight for custody is because it’s standard practice for New York courts to award it to mothers, he said.”
That’s what the lawyers want, the revolving door that keeps that money coming in!
“Oftentimes, it’s the abusive parent who wants to impose joint custody on a woman … so that they can maintain control over that woman, power over the children,†she said.”
So basically this woman is saying that every man that wants joint custody is abusive and controlling over the mother and children??!! I think it’s the other way around, I AM controlled by the courts and the mother!
“Most parents work out custody arrangements without having to go to court, said Mo Therese Hannah, a Siena College psychology professor. Of those who do end up in court, many involve allegations of domestic violence and abuse, she said”
That is a bold faced lie! The reason why most parents don’t work it out themselves is because there is a substantial amount more the mother can get if she goes through the court, #1). Money #2).Control #3) almost all immunity to the family legal system.
Wait, don’t tell me, their gonna start calling the fact that men wanted and are fighting for the passage of this bill, as another form of abuse against women itself. Ya, we’re abusing women because we want to be considered equally as important to our children under the law. Women, whether ex-wives, groupies who want to get rich, or NY Assembly Women, etc, always play the same “ace up the sleeve” – fear of violence from men. This defense is becoming so universally used by women that one of these days, the public is gonna get so tired of hearing the same broken record every time a woman has an axe to grind against a man, that their not even gonna listen anymore. So, women, if you know of one of your compatriots making false accusations against a man to gain leverage in divorce or custody issues, or for that matter, any reason, you might want to tell them to STOP. Because, if this continues, there is gonna come a time when YOU or other women who are the REAL victims of abuse at the hands of an abusive man, won’t get the help you need, because that cry of “wolf” just might have been heard one too many times.
John Alvarez
j5alvr@aol.com
Interestingly enough, the NOW website states they are for equality of child custody yet Ms. Pappas stated clearly that they are opposed to shared custody. Their arguement domestic violence is a lame choice for this situation as a study by the Dept of justice indicates that only 9% of domestic violence cases are from a spouse. Meanwhile clinical studies found that men and women are equal in the perpetration of domestic abuse. Thus there is only 4.5% of cases were DV is perpetrated by men. Yet a 2005 study by the USDA states that 90% of women are the primary custodial parent.
It would seem that the simplicity of the facts was forgotten and/or ignored completed. Partisan politics aside, this has more to do with the tax funded organization who speaks of great platitude of equality yet truly does not stand behind their message. Rather the organization continues to strive for power and control. They are more concerned with Lesbian rights of marriage than they are the thousands of children facing a fatherless existence. The statitistics of which I do not need to remind of their impact to society as a whole.
Seems appropriate the Google quote of the day was:
In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress.
– John Adams
Man, that is one of the best sayings I have ever heard. But, I don’t know whether I should laugh or cry.
This is all a pile of bullshit! A bunch of cowards! Couldn’t go forward because for once they knew they (the little pussys, assholes, cocks and the whole divorce industry with it’s “Child Support SYSTEM$$$”) most likely would lose. We can’t have sanity and a lesser court callender and less dollar support for the divorce industry…NOOOO! They just took the “stall” route. This issue will be back and so will all of us who helped the little cowards run and hide. The little cowards don’t now seem to realise that we will be a greater number and stronger force than before.
I’m Not giviving up on being a family and working out a real plan to share in the upbringing of OUR Children, NOT the COURTS!
It’s all smoke and mirrors guys. The NY N.O.W. is just a front to keep the federal dollars coming in. They know what the real statistics are, but they feed some off the wall stuff to feed to the media to gain grounds, (the media is very powerful) it’s a proven fact not only on the House Bill for shared parenting, but other things as well. The media will listen to a huge organization with millions of federal funding like NOW at the snap of a finger quicker than you, me or any Fathers Rights Group. I also think that, the plea that fathers are trying to put out will not only be flagged at the door step of the media, but I am beginning to believe that it might overflow into a form of activism that’s going to be straight forward, and it’s going to be to “stop paying the extortion, or get a huge voting block in line for the Reps who will represent Fathers” If this happens, then there will be media attention, and, the accusations of domestic violence and abuse are going to hit an all time high.
Ron:
That’s timeless. The more I learn about the founding fathers, the more respect I have for them.
It’s a shame that feminist teachers across the country are teaching our children to disrespect these great men who we owe so much.
I guess they figure if they can discredit the founders, it will be much easier to undermine the constitution.
Kevin Merck
Clearly, the problem is the hogs have their snouts and all four hooves in the public trough. To understand where their true interests lie, you need to understand how support enforcement is funded. Check this link:
http://www.ssa.gov/OP_Home/ssact/title04/0458.htm
Social Security was supposed to be a retirement income program. But it has become the Marxist war chest. On a state level politicians are only interested in their share. On a federal level they’re only interested in the pork barrels they bring to their states and districts. So go beyond the propaganda, and know this about the money. Since your children will inherit this system if nothing is done, you are not supporting them. You are supporting Marxist subversion.
Since there is a cap on how much income can be taxed by Social Security, the very rich don’t pay a proportionate amount of their income. The poor don’t pay taxes. This makes this a centrist issue. The Republican/Democratic Coalition has become a dictatorship. They stay in power by controlling votes from one extreme to the other. I believe there is a huge voting bloc in the middle that can bring the power back to the middle by addressing these issues The main stream media would find this difficult to ignore.
Ron, that’s an interesting link, so what I’ve read in it, I gathered that incentives are paid from social securitym is this correct?
Jim
I think everyone has said everything there is to say. If a woman was reading this blog, and were open minded (which they are not unless married to one of us) they would see the pain, hurt and built up frustration.
Instead, they label us as a bunch of criminals, abusers, unfit etc.
Without us, there are no children.
Someone earlier said it clearly. Namely we do not agree to sole custody arrangement. In effect, it is imposed on us against our will. We know from the inception of the divorce that we will never get sole or joint custody unless the mother grants it. Since she hates your guts, it is pretty simple that will not happen. For women to state that over 95% of cases are settled and men agree to this is garbage.
In my case, she held joint custody as a barginning chip. When she extracted everything from me and drove me into bankruptcy, she took it away. And believe me, I am not: 1) a criminal 2) an abuser. Just a beaten down father by this evil court system.
I have said in an earlier blog: In this country, slavery, jim crow, separate but equal, women unable to vote were all laws in the land and or condonned as general practice. They are all gone. At some point, the filthy lies these women are perpetuating on men will also fall down by the shear weight of their lies.
NOW organized into an effective lobbying organization. Men (FATHERS RIGHTS), has to become as effective in organizting as NOW.
I followed this as close as I could. And it seemed that we are able to mount a coherent challenge. We did not win. But next time, we have to mount an even stronger challenge. We absolutely can not give up. Above all, we can not give ammunition to these women that were crazy and violent even though we are hurt and frustrated. That would play right into women’s agenda. The system is legalized illegality. We are not the first oppressed group and will not be the last.
We will go back to Albany next time and the women will not like it, and we will do our best again.
Jim:
That’s right, so is TANF (welfare). So the more you pay them the more they’re paid. The less that is collected from us, the lower the percentage. This kleptocracy will cause the country to disintegrate just like the Soviet Union.
It’s really terrible that in today’s society you guys have a right to feel so violated by women. I am a remarried woman, I have two from a previous marriage and my husband has two from a previous marriage and we have one together. When my ex and I split, I said and did some nasty things to him to make him stay away. I used him not paying support as an excuse to keep him from seeing our oldest (our youngest was not to be born for another 6 months). It was awful, I was so hurt and angry at him that I couldn’t let him anywhere near what I hold most precious. My current husband and I have been throught he ringer with his ex as well, and she still views the children as hers and she allows us to see them every other weekend. Any little thing wrong and she will yank that privelage away with allegations of abuse. We’ve been throught he not seeing them for 2 years and having to go to court to get them back into our lives. As well as having to convince his youngest that her new hubby isn’t daddy. I’ve been on both sides of the issue. My ex hasn’t been seen in 4 years and I have attempted to make contact and repair the damage I did, but he wants nothing to do with us. I’m sorry guys. For all of my gender, I am sorry. A really good sit to visit and join is http://www.ifeminist.com, Wendy McElray is the editor and she is what feminism is truly about: equal rights, not preferential treatment. And my eyes have been opened to what’s right, there are many more like me, have faith , we can make changes.
Do you women use the children against us the way you do because your physical strength doesn’t allow you to beat us to a pulp to get your rage, hate and contempt out? I have a proposition for you. Though men still may control other areas in this world, it’s very clear, by the statement from w. pendergragh and all the other horror stories we could tell, that the law has given you the power in domestic relations issues and child custody. If you hate us so much and blame us for the relationship going wrong (or whatever your reasoning is) I for one, and maybe a lot of the other guys would rather give you a pool cue and let you go for broke for ten minutes or twenty or whatever it will take for you get your scorn completely out and be through with it. I’ll step into a ring and let you do it so it will be considered mutual combat and the law can’t get involved. I know for me it would be worth a few broken bones or stitches and spending a couple of months in the hospital, than compared to the hell I have been through being slowly tortured to death by the unconscienable things my ex has done to me through my own flesh and blood.
John Alvarez
j5alvr@aol.com
W.Pendergraph:
I really believe your apology, I do. Sometimes no one can understand rally what anyone goes through until one of two things happen, 1). Be in their shoes ,or, 2). Empathy. I would begin to guess that there’s more women like you out there and their actions never really catch up with them until they get one of the two things I said above. I’ve had to learn about Empathy and also had the other shoe on the foot. Empathy is doing what you’re doing, it’s like us fathers in a ditch and you’re throwing a rope in to help us out, not like sympathy, where you’d jump in the ditch with us. At any rate, I appreciate your empathy, however, I won’t accept your apology on you’re gender, but, I will accept it for your actions. Remember, it’s equality, and if you want equality you can’t apologize for your gender.
Let me let you in on something about my EX. She divorced me to marry her prom date from 10 years ago. I pay 566.00 every 2 weeks for my daughter, I make 11.50 an hr. The support is based on what my potential is, and that’s 50,000 a year because I had taken a different job that only now makes 23,000 a year, not for spite, but because I couldn’t relocate since I wanted to stay near my daughter. I tried to appeal the decision, but the judge ordered me to pay even though I make 1/2 of what I used to. Just to give another idea, last weekend my daughter was with me and she absolutely loves it at my home and loves my new wife dearly. My daughter has expressed interest with moving in with her dad, but she can’t do it until she’s 13, because that’s when they’re considered to make their own decision on where they want to live. If that happens, I will go for the throat when it comes to collecting support from her, I can’t wait! I have sacraficed my retirement, my home, I have nothing but a tiny apt, at which I can live out of. It blows me away how a mother can hurt their own child through the selfishness that brews within her. My ex called my wife “A whore of a wife” in front of my daughter on Sunday and my daughter was crushed and began to cry. Where’s the civility. Why would a mother do that after her own daughter has embraced a relationship with someone. I truly don’t get it. It’s not about the children and we ALL know that, it’s about the money because the REAL feminists don’t want to bargain for equality, they want to force it by a monetary equivalent.
Jim:
The way I see it, you are no better than she is if you go after support. She will be feeding the same “beast of oppression†that you have.
If you get “your daughterâ€, do the right thing and refuse “child support†and allow your ex access to “her daughterâ€.
I think your daughter would then grow up to see what being a decent parent and “human being†is all about. Do it that way for your daughter and future Americans. We really need to get these government parasites out of our personal lives.
Kevin Merck
Kevin: You’re right. I just about fell off my chair just fantasizing about it, but it wouldn’t be the right thing to do.
Kevin:
Well said, when I got my children back I never attempted to receive child support or legal custody. I did get a judgement against me to pay support for a time when I had 100% physical custody. These gangs must be eliminated, any cooperation with them aids their survival.
Good! Very, very, good. I’m very happy. It takes a stand up state like New York to defend the safety of women and thwart the intentions of men, who use their children to control their ex wives and avoid the financial responsibility of their own children. BRAVO!
Bestillk:
Hey, with that attitude you may likely qualify for the Democratic vice Presidential Candidate. I’m sure Hillary Clinton would be proud to have a running mate who feels exactly the same way she does. Together you could destroy the lives of countless fathers and children in the name of the “best interests of childrenâ€.
People like you will take their rightful place in history alongside the KKK, Skinheads, Nazi, Radical Feminists, Stalinists, and all the other extremist “nutcases†that mankind has been plagued with throughout the ages. I hope you enjoy your place in hell with the rest of this infamous scum of the earth.
I don’t blame you for not wanting to use your real name. Any decent person would recognize you for what you are … “a hate filled bigot†… who doesn’t deserve to live in this country. Every American must have the equal protection of our laws, if you don’t like it, just leave this country. This country and the world in general, would be a much better place without people like you in it.
Sincerely,
Kevin Merck
Hey bestillk, just how does a shared parenting bill, which deals with fathers having equal say and access to their children, have thing one to do with the safety of women?
You must be talking about keeping women’s tax-free checks, and the ability to use the children as emotional extortion and torture, safe.
I know you feminists and women’s groups are probably giddy from this “magic genie” called domestic relations law the courts have handed you, but try and use a little discretion huh. Let me give you some advice. When you bring up the “safety” of women because of the “violence” of men issue, kinda make sure it’s relevant to the subject matter of what’s being discussed.
I swear, with you feminists, the issue could be the price of rice in china, but if it was a woman against a man, the woman’s first cry would be “we fear for out safety.” This kinda makes it REALLY obvious what your trying to do braniac.
And, just a sidenote, the census bureau numbers tell that close to 90% of women are given custody of children. So, when you say “men use their children to control their ex-wives” it’s just another example of how your giving Einstein a run for his money.
John Alvarez
j5alvr@aol.com