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Do Working Moms Lose Child Custody in Divorces?

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Not long after I graduated from college, I worked at a government agency. One of my co-workers was in the middle of a bitter divorce. Prior to the divorce, he stayed home caring for his two young sons. Once his wife left him, however, she filed for custody of the children. At the time, he did not contest the filing, as he did not want to upset his kids any more than they already were. However, he was clearly heartbroken and missed nurturing his children.

I left my job to return to school, as did my colleague. Over the years, I lost track of him. Then, many years later, I was at LaGuardia Airport when I noticed my former friend's face on the cover of one of New York City's tabloid-y newspapers. "City's Worst Deadbeat Dad!" the headline screamed. "WTF?" I thought to myself. I bought a paper.

Long story short, eventually Bob (not even close to his real name) became upset with the way his ex was raising their kids. He went to court to get them back. He lost. Bob was also ordered to pay more child support, although his ex had a very high salary herself. Rather than give her more money, Bob quit his job and moved into his mother's basement. The article portrayed Bob as a horrendous person and his wife as a victim of a petty man. I felt awful for Bob and the children; the media coverage relied heavily on the stereotypical idea that men cannot possibly be as good caregivers as women.

It seems, however, that Working Mother magazine readers disagree:

A new survey by Working Mother magazine shows that 74% of respondents believe a mother’s nurturing is essential to a child’s development, but at least 50% of custody cases now end with the father gaining primary custody, and this figure looks set to rise.

Here's what I say to that: so what? Of course, I'm not in favor of the idea that working mothers should be punished for doing so by losing their kids. But if we are asking fathers and other partners to step up and do their part in caring for and raising children - as they should - then we also have to acknowledge some stereotypes that have traditionally worked to the benefit of women and we have to be willing to give up those privileges.

I'm not saying that there are not scary issues that this raises. Clearly, we do not yet live in a world where people understand that a mom who works is as devoted to her children as a mom who does not. The idea that women might be losing custody of kids merely because working women are seen as less devoted to their children is horrifying. And I also know a woman in the midst of a terrible divorce whose powerful, working-long-hours husband filed for sole custody, saying his wife neglected their school-age kids because she opted to go to night classes in a master's degree program two nights a week. That is evil.

But back to the idea of sharing and working toward a better world. It turns out, contrary to popular belief and strange excuses, that men are actually capable of nurturing and raising kids. Some do it on their own when their wife dies or leaves them. Others have male partners and no women in the household. Another group shares responsibility with the children's mother. When men care for their own children, they do not "babysit" any more than mothers do when they care for their kids. If a man is a stay-at-home dad, why shouldn't he have any less of right to custody than a stay-at-home mom? That is insulting and absurd.

In the past, it was thought that a father's role in child rearing was to earn some money so that the kids had a house and food and clothing. That was pretty much it. Maybe he was also expected to discipline the kids or show the kids what the proper role of men was, but when couples got divorced under this rubric, it made sense to automatically grant custody to the moms. At the same time, the mom and kids were usually plunged into lower economic circumstances for a variety of reasons, one being that she had been out of the work

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cjpapp 5 pts

It seems to me that the whole system is seriously flawed.  When judges order payments for child support and /or alimony that leaves the payer unable to afford a place to live is senseless.  I have seen a friend of mine (excellent father) become homeless because he gave all his pay to child support - and still didn't get to see his children very often.  I have 2 women friends in child custody fights - one is a teacher that must pay a large amount of money to her husband for child support and alimony because he doesn't work, the judge ordered that he was accustomed to not working.  He periodically tries to get full custody - right now it is 50/50.  She often goes into high debt for attorneys and has already claimed bankruptcy.   (He is a musician and works under the table.  She cannot afford a PI to prove it.)  He is able to take their daughter out to dinner, buy her new clothes, and take her on trips (with her money) while her mother must work harder to buy baloney sandwiches or whatever else is cheap just to put food on the table.

Another friend is in a custody fight because she doesn't work.  The judge ordered that she should work!  She has proven abuse from the husband and child services even got involved when he threatened to kidnap her and take her out of the country - but that didn't sway the judge any.  In this case, he was found to be living a double life, he even owned a business that she didn't know about it!  (This was even proven in court, in California where the laws are supposed to be 50/50 ownership!)  The judge knew this and still will barely give her any money for support or alimony.  The husband ties her up in court and she cannot afford attorneys to fight so she relies on public defense which seems to be no help. 

There seems to be no common sense, no standards, no thoughts or concern for the child.  I believe it is important for the child to see that both mother and father are able to survive and support themselves.  In the above scenarios, even though the spouses work hard to pay what they are supposed to, the child sees this parent as a "loser" or "deadbeat" because the other can afford to live in a nice place, to do things, to buy clothes - regardless of the fact that the "poor" spouse is paying for these niceties.  I am not divorced - but these people are friends and it seems too often that the rulings are unreasonable and lopsided.  It really makes me mad that our judicial system leaves power of all of these people's lives in the hands of judges that may have legal experience behind them, but no sense.  Just my observations.

nakedanarchists 5 pts

"But a knee jerk reaction to news that dads want custody and that women must do everything they can to prevent this from happening is wrong."

When my ex wanted to move to fully shared custody after 2 years of only 25% custody, it worked.  Money-wise and, most importantly, for the kids.  Yet I had enormous resistance from family about allowing this.  As though I was surrendering the kids to the seventh circle of hell.  He was a lousy husband, but remains a delightful father.

We need a societal paradigm shift that addresses responsibilities, *not* roles.  The most unconventional solutions can work, if the parties are willing and the children are central to the discussion.

Thank you for making that point.

http://nakedanarchists.wordpress.com ( http://nakedanarchists.wordpress.com/ )

FerociousKitty 5 pts

"Since I don't want to live in a world where women are made to feel guilty if they work and men are not expected to have real responsibility in raising the kiddies, I'm down with the idea that more men want to share custody of their kids. The key is to make sure that women are not punished for working while men are rewarded for changing an extra diaper or two every week. But a knee jerk reaction to news that dads want custody and that women must do everything they can to prevent this from happening is wrong. It doesn't serve working parents, stay-at-home parents, or most importantly, the kids."

This really bore repeating!

Let's advocate for change in a broken system and give a damn because that system flagrantly subscribes to biased notions about gender and parenting that do a disservice to men, women, and children. 

The Faster Times - Co-Parenting ( http://thefastertimes.com/coparenting/ )

Co-Parenting 101 ( http://coparenting101.org )