Clara Harris, a Texas woman who was convicted of murdering her husband in
March, was just granted joint custody of her twin five year-old boys. The
ruling validates what fathers' and children's advocates have been saying
for years--when it comes to children, many courts believe that mothers can do
no wrong.
While Clara Harris' murder conviction was not enough to deprive her of
equal rights to her children, hundreds of thousands of fathers have been
thrown out of their homes and driven out of their children's lives by
unfounded accusations of domestic violence. According to Washington family
law attorney Lisa Scott, most courts grant restraining orders to practically
any woman who applies, and domestic violence accusations are very effective
at depriving fathers of custody and visitation rights after divorce. She
says:
"Most restraining orders do not even involve an allegation of
physical violence. For most judges, the woman saying she 'feels afraid' of
her husband is enough. Men have no way to defend themselves against these
accusations. How do you argue against a feeling?"
While both the judge and the attorney appointed by the court to represent
Harris' two sons saw value in preserving the bond between the children and a
mother who is a convicted murderer, many courts are unable to see the value of
the bonds between children and decent, law-abiding fathers. Studies show
that visitation interference and move-aways are a major problem for divorced
fathers, yet courts are indifferent at best to enforcing fathers' visitation
rights, and generally permit divorced mothers to move children hundreds or
thousands of miles away from their fathers. This is despite the fact that the
rates of school dropouts, teenage pregnancy, juvenile crime, and teen drug
abuse are more tightly correlated with fatherlessness than with any other
major socioeconomic factor, including income and race.
While in the Harris case a mother was able to win joint custody from a
prison cell, decent fathers who have never had any brush with the law beyond
a traffic ticket often cannot. Studies show that in contested cases mothers
are granted sole custody over fathers by a margin of eight to one. According
to research conducted by Sanford Braver, author of Divorced Dads: Shattering
the Myths, divorced mothers are five times as likely to be satisfied with
their post-divorce child custody arrangements as divorced fathers are.
In Braver's study, three-quarters of divorced men and one in four divorced
women believed that the system is slanted in favor of mothers, while only one
in 10 women and none of the men surveyed thought it favors fathers.
The "woman good/man bad" mentality of our family courts often
hurts children by blindly favoring mothers and placing barriers between
fathers and the children who love them and need them. The Harris
ruling--where even a mother who is a convicted murderer is still not seen as
being an unfit parent--demonstrates just how deep-seated and destructive this
mentality is.
Glenn Sacks is a radio talk show host
and columnist on men's and fathers' issues. His radio show can be heard
every Sunday on KRLA 870 AM in Los Angeles. This column first appeared in the
Houston Chronicle (9/19/03).
