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Excellent points by Glenn Sacks: Keeping Dads Away from Their Babies

March 1st, 2008 · 4 Comments

 Glenn Sacks sees the same thing I saw in this recent Boston Globe story.  It sometimes feels to me as if everyone has taken some kind of “stupid pill” and fails to see that a bond that develops between a father an child is just as important, just as necessary, as the bond between mother and child.  This goes for fathers and infants, just the same as for fathers and teenagers.  The reason that this entire issue of judicial discretion comes up, is that we have forgotten, as a society, that there are such things as fundamental rights.  It was always just assumed by earlier generations that no one would ever question the right of a father or mother to see or hold or in any other way have contact with his or her own child.  Even now, it “freaks me out”, that this kind of thing even needs to be expressed!  How did we get to this point?  Anyway, many thanks to Glenn for his stalwart stand against the insanity that has gripped our civilization.

Source

Glenn Sacks

Keeping Dads Away from Their Babies

Background: The Boston Globe recently discussed Fathers & Families‘ shared parenting bill at great length in their editorial A fair role for fathers. While the Globe did not endorse the bill, the editorial essentially agrees with the main arguments behind shared parenting. Ned Holstein, MD, MS, Executive Director of Fathers & Families, responded to the Globe here.

I don’t know if anybody else caught it or thought of it, but I thought this paragraph from the Boston Globe editorial was particularly annoying.  The Globe wrote:

“Charles Kindregan, a law professor at Suffolk University, soundly argues that a presumption of joint legal and physical custody could handcuff judges who should be free to consider the best interests of children on a case-by-case basis. ‘You don’t need a presumption when you have facts,’ Kindregan says. The relevant facts include children’s age, temperament, emotional development, and medical needs, as well as how parents get along and how far apart parents live from each other. A judge looking at an infant will have to make very different decisions than a judge looking at a teenage boy.”

In case anybody missed it, what he said is code for “Dad can see the infant maybe an hour or two a week if he’s lucky, and if mom allows it.  However, we may be more solicitous of dad’s time when his kid is a teenager.  Of course, by then the kid will already be damaged from growing up without a father, but it’s okay for dad to spend real time with the kid, as long as mom is not unhappy about it, and as long as they still live within 1,000 miles of each other.”

The most irritating part of this is the presumption that an infant needs only its mother, not its father.  From time to time I get letters from mothers of infant children who are outraged that the fathers want to see the children and — gasp — want to spend some time with the infants in their own homes.

Longtime readers of mine already know what I am going to say.  I have been the primary caregiver for my daughter, now almost 10 years old, from the time she was six weeks old.  Those first few years home all alone with her, before she went to preschool, were the greatest years of my life.  She and I shared everything together, and we were as happy and close as any two people could ever be.

The only downside to it was that I worked in the evenings and my little girl would cry herself to sleep every night because she missed me and I was not there.  I still believe that one reason my daughter and I are so close are those special years we had together.

The Globe editorial and the expert it quotes are wrong–there is absolutely no reason why a father should be kept away from his baby or toddler, even if mom and dad are separated.


Tags: Courts and Legislatures · NCP Fathers

4 responses so far ↓

  • 1 NYC Family Law Attorney // Mar 2, 2008 at 1:08 pm

    I strongly disagree. A family “looking at an infant will have to make very different decisions than a family looking at a teenage boy”. I do believe that there are ways in which a family can hone their skills in parenting but that that should be up to that family.

  • 2 Dhouse // Mar 4, 2008 at 6:45 pm

    Without being as abusive as my experience would dictate, this “NYC Atty” apparently missed the point: if it weren’t some idiot judge ignorantly flailing away in favor of the “only mothers can handle babies” camp, and were, indeed, a family divided trying to work together, the real differences between infants and teenagers could be rationally addressed.
    If the courts didn’t provide knee-jerk support for “mothers-as-parental-experts”, and worked to actually create shared parenting, supportive processes to resolve conflicts when children are small, divorced parents could conceivably “one their skills”…
    Dream on.
    My answer is Federal civil rights lawsuits, given that 100% of county-centered family courts have dollars from the Federal government, they are liable to the Constitution. The problem is that dads have to find the resources to pursue these torturous, length, expensive actions After most of the noise of their initial court-driven abuses have died down — and they are trying to regain and recapture whatever childhood’s are left.
    Please read what you comment about.

  • 3 migram // Mar 5, 2008 at 12:25 am

    I am not a fellow father, but a step mother and the wife of a man I consider to be an outstanding father. Prior to our relationship, my husband had a son from a “one night stand”. When he discoverd he was the father and that the woman had delivered his child under the influence of methamphetamine, he took charge of his responsibility and began to raise a child he had no recent knowledge of creating. The “mother” pursued a life of drugs and other criminal activity for the past two years of the childs life. She has been sober for 8 months and the court decided that was plenty time to award her 50% custody of a child she does not know. Our baby was taken by her (and her parents who fund her lifestyle- she does not have a job, and has two other illegitimate children) crying and screaming that he did not want to go with these people. Our “judge”, Commissioner Schulte, decided that the proper place for this child was with his “biological” mother no matter what the circumstances. When is our justice system going to become just??? If anyone can give any advice it would be appreciated. We are heartbroken.

  • 4 paydaddy // Mar 16, 2008 at 11:38 am

    Just keep fighting and going back to the courts ever give up in your case try a nothercourthouse its bad here in maryland also are court system in family law sucks

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