Preview

Gender Bias in Family Court

Good Essays
Open Document
Open Document
997 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Gender Bias in Family Court
Who says that just because a mother gave birth to her child she should have more say in decisions than the father through family court? In most cases, when a father and mother go into family court for whatever reason it is, the mother is favored due to the stereotype that they can provide a better life for their children. From experience, I know that a father is just as “nurturing” as a mother. A father may not be able to play mom, but he has just as much capability to take care of his children just as much as a mother. Judges in family court should pay more attention to whether or not they’re being more lenient to the mother than the father.

According to Aaron Larson, previous to the twentieth century, children were often treated as property of the father by common law jurisdictions. This means, if a child’s mother and father were to get a divorce, the child would be handed over to the father’s custody rather than the mothers. In the 1960’s, women put on a fight to pass laws that would protect them from domestic violence. After a timely effort, domestic violence, stalking, and sexual harassment laws were passed. Women now use these laws to their advantage to make men look like unfit parents and completely remove their children’s fathers from their lives.(Pearl Harbour) In the 1970’s, a number of divorced men organized a group commonly known as the Fathers’ Rights Group because of fathers not being treated equally in child custody litigation.(Pam Chamberlain)

Stated by the US Census Bureau, in the year 2002, around 13.4 million parents had custody of 21.5 million children under the age of 21 year and in a separate living space as the other parent. Additionally, the Census declared that around 84.4 percent of custodial parents were mothers and 15.6 percent were fathers. That means five of every six custodial parents were mothers. These proportions have been statistically unchanged since 1994. Fathers are being treated as if their worth is just the same as a

You May Also Find These Documents Helpful

  • Satisfactory Essays

    An article by Cathy Meyer entitled, ‘Dispelling the Myth of Gender Bias in the Family Court System’ is a brief examination and interpretation of how the Family Court System is being gender bias towards mothers, and believes that it is the father who is less incorporated in the child’s life. The Family Court System has been known for being prejudice when regarding mothers and children. Meyer’s commentary response to the Family Court System was her agreeing and providing verification along with statistics on why she agrees with their method. However, Meyer as a divorce coach only sees a partial part of this argument and does not view this in a divorced father’s perspective.…

    • 170 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    In response to David Blankerhorn, “Fatherless America,” he argues that fathers in the society are affecting the American life. The number of children growing up without fathers are increasing steadily. The absence of a male figure in a household is distorting Americans view of women and masculinity within our young boys today. He believes that we are disguising the fact that men are not living up to their responsibility by saying things like single-parent household. His belief is crime rates, teen pregnancy, and domestic violence are sky rocketing due to the lack of fathers in the households.…

    • 196 Words
    • 1 Page
    Good Essays
  • Better Essays

    Only way for the father to win is that he has good lawyers, the courts only award mother’s sole custody if their children are only girls or young children are involved. When one parent has complications such as relationship issues or issues that can disrupt the children lives; the court would give the children to the parent with less problems. Researchers examine state-level cases that shows tremendous increase in shared custody and decrease in sole-custody. They compare their research and found that: “international research suggests that a significant proportion of children thought to be living with their father only are actually sharing time with both parents” (pg.…

    • 1480 Words
    • 6 Pages
    Better Essays
  • Good Essays

    The Civil War was the bloodiest conflict in American History. It is estimated that 620,000 men died fighting for their respective sides(civilwar.org [1]). It is thought that nearly 50,000 civilians died during the course of the war (nps.gov [1]).It is a topic that is very well known, especially in the southern parts of the United States. Many people fought and died in this war because of the differing opinions of the southern and northern sections of the United States. Slavery was the most prominent of these differing opinions.…

    • 748 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    When a family splits, separates, divorces or a child is born out of wed lock for whatever reason one of the most difficult decisions to make are custody arrangements. Over the years the government has shifted its views from the child’s mother being the best fir for primary custody to “the best interest” of the child. What’s in the best interest of the child consists of both tangible and non-tangible things. The necessities include the ability to provide food, shelter and a a safe environment are important but also the stability of the parent psychologically and their mental health also begins to become part of the importance to the child. The person…

    • 392 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    However, it would result in more grief as it was law of divorce that “…in case of separation, to whom the guardianship of the children shall be given, as to wholly regardless for the happiness of the women—the law, in all cases, going upon a false supposition of the supremacy of man, [gave] all the power [in the husbands] hands” (Source B). Therefore, divorcing the husband would, in most cases, result the women in leaving her children. All of these examples demonstrate how women were viewed as subordinate to man, which caused a great challenge in the women’s…

    • 798 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Issues In Custody Battles

    • 1591 Words
    • 7 Pages

    Historically, women were seen as more favorable in the courts when awarded custody and child support and while it wasn’t always the case, as different cases have different variables. It was often seen that the mother could provide for their…

    • 1591 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Soc/110 Gender Roles

    • 743 Words
    • 3 Pages

    According to the U.S. Bureau of Labor Statistics, less than one percent of dads were stay-at-home fathers in 2006. Men account for only 19 percent of single parents who live with their children. However, that still means there were 159,000 stay-at-home fathers as of 2006, according to the U.S. Census Bureau. There is a thriving community of stay-at-home fathers who are quite proud of their role in the family and support their "bread-winning" wives…

    • 743 Words
    • 3 Pages
    Good Essays
  • Good Essays

    If a man got a woman pregnant the couple got married and in 1960 in America thirty percent of brides gave birth within eight and a half months of the wedding, according to (June Carbone of the University of Minnesota and Naomi Cahn of George Washington University). In those days the husband’s responsibility was to work and earn money for the family and the wife’s was to raise the children and to take care of the home. According to Ms. Carbone and Ms. Cahn, “more than eighty percent of wives with young children stayed at home in 1960.” Couples ended their relationship for different reasons and I believe being a single mother is much better than living with an abusive spouse. But the lack of financial stability hurts women, children and men which can put a strain on relationships making the environment extremely…

    • 1231 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Gender roles in raising a family are a controversial topic in many homes today. Many people still believe that it should still be the man as the primary source of income, and that the woman should stay and raise the kids, while taking care of the home. Many dads today are abandoning this stereotype, and they choose to do a little bit of everything.” I think modern fathers take on many more roles.” (Linn) This resulting in being there for more of the child’s life, and playing a more active role in their childhood.…

    • 872 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    On any given day, a man can become a father; most fathers never once think that one day they would carry the label of being a deadbeat dad. In the United States of America, marriage and family are essential milestones to the appearance of success within the culture. Separation and divorce have become a reality in many marriages, and have had huge impact on the family especially when there are children involved. Fathers who find themselves no longer living within the family are therefore required to support their children financially with the interest of the child is first and foremost. Although the stereotype of a deadbeat dad conjures up images of poor parenting, this label often bestowed upon fathers simply because of outdated and unjust…

    • 1414 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Incarceration Vs Women

    • 667 Words
    • 3 Pages

    Once acknowledged, the question that emerges is why such disparities exist in the modern era of feminism and gender equality. Many sources argue that the prime reason for the evidently lesser sentences is the role of women is still very much invocative of maternal imagery. In a study from 1997, fifty-nine percent of women in federal prisons had minor-aged children (Covington and Bloom 8). This data, presented in a scholarly article written by two published PhDs, is further supported by a statement in a study created by the U.S Sentencing Commission, that argues “there is also reason for judges to believe that women are more instrumental in raising their children than their male counterparts” (129). The claim made by the Sentencing Commission, an agency of the United State’s judicial branch, solidifies the role that female stereotypes play in the nation’s society; if a woman is present in the home, her children are more likely to be functioning citizens in American society. Maternally invoked sympathy is believed to be a major component in the sentencing disparity that exists between men and women in the United States as women appeal to the sympathies of the prosecutor or judge in a unique-to-women way. In regards to the gender based incarceration discrepancies, the two genders should not be pitted against each other. There should not be a maternalistic or paternalistic lens on society and its function, instead, the judicial system needs to be solely based on the crime, not the…

    • 667 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Women are not only incarcerated and treated harsh in our justice system, they are mothers, daughters, and human beings who are not represented equally in the justice system. Many women who are released from prison are mothers. According to Perry (2016), the understanding of parenting can be difficult for women because they have to find housing, a job, reentering into society, and struggling to remain independent without the use of drugs. It is even a challenge for women who come from low socio-economic backgrounds. Some believe as stated in Perry (2016), women are sentenced longer in prison because of their objection to live out social traditional roles. The roles that women are supposed to live are marriage and childbearing (Perry,…

    • 1138 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Fatherless America

    • 429 Words
    • 2 Pages

    In the second paragraph, Mr. Blankenhorn states that, “About 40 percent of American children will go to sleep in homes in which their fathers do not live” (287). I disagree with this statement because I believe there is a higher percentage of American children going to sleep in homes in which their fathers do not live. As the rate of teen pregnancy and divorces increases, also does the rate of fatherless children increase. Mr. Blankenhorn also stated that, “Before they reach the age of eighteen, more than half of our nation’s children are likely to spend at least a significant portion of their childhoods living apart from their fathers” (287). Unfortunately, this is true. Having a father around has been linked to important developments in a child 's physical, emotional and behavioral health. Several leading sociologists have labeled father absence "the most pressing issue facing America today"(Stuart).…

    • 429 Words
    • 2 Pages
    Good Essays
  • Good Essays

    There are over 70 million fathers in the United States, but how many of these fathers actually care about their children? In 2012, 24.4 million fathers were part of married-couple families with children younger than 18. 1.96 million fathers were single. Forty-four percent of these single fathers were divorced and thirty-one percent were never married. Fathers usually leave their children after divorce for the mothers to take care of.…

    • 1323 Words
    • 6 Pages
    Good Essays