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Equal gender roles in families
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Children used to be considered to be the property of their fathers. This dates back to the Roman times as well as in English common law. The fathers had the rights to sell the children, had the right to enter them into enforced labor. However, he also had the legal obligation to educate, support and protect his children. Basically fathers had all the rights to the children, and the mothers had none. Thus, in divorce, the father had absolute right to custody.
However, this type of thinking began to change in the late 1800's. Our society began to change its opinion on child welfare. More fathers were leaving the home areas to seek work, and the mothers were left at home with the children as their primary caretakers. On the other hand, the fathers became the wage earners. This then changed the thinking of child custody and the way it was viewed. In addition, there was what was called the Tender Years Doctrine. This legal doctrine which has been part of the family law-common law since the late nineteenth century pertains to children age of four and younger are better off with their mothers. By the 1920's the maternal custody preference started to become more of the norm. Because mothers were considered to be better at nurturing then the fathers were. In the 1930's, Sigmund Freud, an Austrian neuropsychologist; founder of psychoanalysis developed a theory called the psychoanalytic theory that focused on the mother-child relationship and ignored the fathers role in the developmental growth of the child. This theory gave a boost to the assumption that mothers were better parents. (Joan B. Kelly, 2014)
By the 1960's and 1970's the child custody trends began to change. Fathers began to voice their concerned over sexual discrimination...
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...sed on what is best for the child or children involved. It should not be based on the sex of the parent, or who the judge may think would be the better parent because of biased opinions. The decision needs to be based on facts, and on the mental statuses of the parents involved. Which parent has the child best interest at heart? If it is the father, then grant him custody, if it is the mom, then give her custody, or if they are agreeable grant them joint custody. Do what is best for the child.
Works Cited
Joan B. Kelly, P. (2014). The Determination of Child Custody in the USA . Retrieved from http://www.familylawwebguide.com.au/library/spca/docs/The%20Determination%20of%20Child%20Custody%20in%20the%20USA.pdf
New Trends in Child Custody. (2010). Retrieved from Parenthood.com: http://www.parenthood.com/article-topics/new_trends_in_child_custody.html/page/3
Procedural History The Supreme Court, Appellate, second division modified the the judgment and ordered that the custody of the youngest child remain with the mother. Husband appealed. The Court of Appeals, Jasen,J; held that after the custody of the two older children had been awarded to the husband, it was appropriate for special term to award of the youngest child to the husband in the light of the younger child’s ambivalence as to which of her parents she would prefer to live with and her strong preference to live with two older
According to many the custody of a child should be determined with the best interest of the child in mind. However, it is not easy for a judge to make such an important decision in such a short amount of time with limited information. Smith (2004) stated that, the simple fact of being a mother does not indicate a willingness or capacity to render a quality of care different than that which a father can provide. Some might argue that what Reynolds (2004) calls deadbeat dads, or in other words fathers who refuse to pay their child support, are often times confused with Turnips, who are ex-spouses who can not afford to pay child support. One example of a turnip is a father who is in prison; he is obviously not making money while he is on the inside. Now an example of a deadbeat dad is when the father is enjoying all the finer things in life and he cannot reach far enough into his...
The areas in which these reforms should occur are twofold. One argument that Judge Ross raises repeatedly is that measures should be taken to insure the sustainability of Family Court employees through more manageable caseloads. The necessity of this change is evident in countless examples of children suffering as a result of constantly changing, thin-spread, staff. In one particular instance, a six month child abuse case is adjourned because they “don’t have the medical records” in time (128). The second argument that can be implicitly made based off of Judge Ross’s expressed frustrations is that, if given the proper time for consideration, there should be more room for consideration of circumstance in Family Court. From a legal standpoint, there is substantial evidence for the validity of a common law approach to Family Court over the traditional civil law. Judge Ross establishes that ideally “In each case to protect children, to assure due process, to remain neutral until the facts are established, to apply common sense and sound judgment within the framework of the law in making decisions—the Family Court judge’s charge lies quite outside the arena of public policy, comment, and debate” (104). However, as seen in many of his cases, the combination of the overflowing workload and an inability to apply proper consideration to any given circumstance makes it impossible for the pre-existing
Rule: 1. Justice White, speaking for the majority believes that the decision in this case is similar to Bell v. Burson, in which held that the state could not deprive a person of there drivers license pertaining to a speeding violation without a hearing. He stated: "The states interest in caring for Stanley’s children is de minimis if Stanley is shown to be a fit father. It insists on presuming rather than proving Stanley’s unfitness solely because it is more convenient to presume than to prove. 2. They concluded that all Illinois parents are constitutionally entitled to a hearing on their fitness before their children are removed from their custody. Denying such a hearing to Stanley and those like him while granting it to other Illinois parents is inescapably contrary to the Equal Protection Clause. 3. The rule of law that justifies the holding of the case is: "It is cardinal with us that the custody, care, and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state may neither supply nor hinder" (Prince v. Mass.). 4. "The integrity of the family unit has found protection in the due process clause of the Fourteenth Amendment, and the Ninth Amendment.
The child welfare system in United States uses a dominant colonial approach to how the child welfare system is applied. They are based on the foundations of patriarchal ideology. When approaching child welfare the attention is mostly given to the families and individual blame occurs, this may reflect the way the systems are designed, operating from a liberal ideology. Furthermore, in the process of child protection family service systems are exposed to the use of formal coercion and contested court involvements, although this is considered a last resort and avoided, if possible. Typically, after a child maltreatment report, the allegation is investigated and assessed for degree of state interven...
Since 1972, the issues surrounding the rights of unwed birthfathers have provided America with a highly controversial and morally challenging topic for debate. Prior to 1972, these unwed fathers were given little or no involvement in their child’s adoption proceedings, but because of highly publicized adoption cases in which birthfathers have retained custody of their child many years after their adoption took place, state legislatures have been forced to review their adoption laws regarding birthfathers and create more concrete ones. The laws in Florida regarding birthfathers have changed dramatically over the past several years, with complicating, senseless laws being replaced with more rational and reliable ones. The newest laws, passed in 2003 regarding a Putative father registry provide the most stable and fair support for legal adoption proceedings.
Sigmund Freud nailed it when he said “I cannot think of any need in childhood as strong as the need for a father’s protection.” There are numerous Consequences regarding the issue of fatherlessness in America today, many of which have lasting impacts. Poverty is one major issue that can result from a fatherless home; a recent study showed that children in father-absent homes are almost four times more likely to be poor. In addition as of 2011, 12 percent of children in married-couple families were living in poverty, compared to 44 percent of children in mother-only families. That means that children
Comparing its structure and function as it was in 1960 with what it had become in 1990 can highlight the dramatic changes in the American family. Until 1960 most Americans shared a common set of beliefs about family life; family should consist of a husband and wife living together with their children. The father should be the head of the family, earn the family's income, and give his name to his wife and children. The mother's main tasks were to support and enable her husband's goals, guide her children's development, look after the home, and set a moral tone for the family. Marriage was an enduring obligation for better or worse and this was due much to a conscious effort to maintain strong ties with children. The husband and wife jointly coped with stresses. As parents, they had an overriding responsibility for the well being of their children during the early years-until their children entered school, they were almost solely responsible. Even later, it was the parents who had the primary duty of guiding their children's education and discipline. Of course, even in 1960, families recognized the difficulty of converting these ideals into reality. Still, they devoted immense effort to approximating them in practice. As it turned out, the mother, who worked only minimally--was the parent most frequently successful in spending the most time with her children. Consequently, youngsters were almost always around a parental figure -- they were well-disciplined and often very close with the maternal parent who cooked for them, played with them, and saw them off to and home from school each day.
Forty-one percent of a couple’s first marriage ends in divorce, according to mckinleyirvin.com. Also, Seventy-five percent of children with divorced parents live with their mother while forty-three percent of children growing up nationally, are raised without their fathers. Many factors leads to the decision of the child’s custody, although mothers usually win. However, what if both parents are capable of providing a decent life for the child? Unhealthy relationships between parents can question the true intent behind child custody. After reading Pop Quiz 7 in, “Octet”, from Brief Interviews with Hideous Men by David Foster Wallace, parents used money, vengeance, and love in the battle for child custody. Similar to the situation
Lamb, M. E., Sternberg, K. J., & Thompson, R. A. (1997). The effects of divorce and custody
Kuttner also agrees, “a lot of ugly realities were concealed by “traditional values”; the legal and economic emancipation of women was long overdue, and the task now is to reconcile gender equality with the healthy raising of the next generation.” (124). Before the 1890s, females had no other options but to live with their parents before marriage and with their husband after marriage. They couldn’t work and if they did, their wages were way lower than men.
Walker, A.H. 1985. "Racial differences in patterns of marriage and family maintenance, 1890-1980." Pp. 87-112 in Feminism, Children, and the New Families, ed. S.M. Dornbusch and M.H. Strober. New York: Guilford Press.
The issue of divorce is not only the main problem in the American society of today. The custody issue on who is going to gain the right to take care of the children wholly is also a tough one. For the past decade, divorce and the custody battle have rapidly become a significant life event for perhaps millions of Americans each year. “There were more than two million divorces each year, affecting 3 million adults and more than two million children (Thompson, Parting 18).” Thus we can prognosticate that the American family of today is definitely ill and is in great need of a revival.
Once upon a time, a traditional family structure was created by one man marrying one woman and procreating. Within the last few years, this has begun to change. Family structures are now being changed and created through divorce and remarriage, same-sex partners, and single-parents. When the leaders of these family structures can no longer co-exist, divorce or separation comes. If children are involved, a custody agreement needs to be arranged. A custody agreement never seems to be black and white especially with new family structures evolving. When it comes to same-sex parents, how are children supposed to split their time equally? The traditional belief of a child needing a mother and a father no longer applies in these relationships. This can be very hard on a child especially if the parents cannot agree, and it turns into a custody battle. Children are torn between the parents and many psychological issues evolve. Child custody battles are usually never easy on a child because they can create emotional conflict, academic stress, and other social related stress factors.
Mothers are the primary caretakers of the children. The fathers have had minimal care taking responsibilities. Many women, if they had a career before hand, have to give it up to stay at home with the child. Although, many fathers where the wives must work become important in the process of care taking because their role must increase to their children. Studies of human fathers and their infants confirm that many fathers can act sensitively with their infant (according to Parke & Sawin, 1980) and their infants form attachments to both their mothers and fathers at roughly the same age (according to Lamb, 1977).