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Old 01-09-2005, 02:06   #1 (permalink)
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Default What to Do About Daddy?

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What to Do About Daddy?
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By court order, 3-year-old Evan Parker Scott of Jacksonville, Fla., is being separated from his adoptive parents and returned to the biological mother who surrendered him at birth.

Why? Because something was missing from the adoption process: the father’s consent.

In 2005, family courts will confront a question head-on: "What to do about Daddy?" In the case of Evan, the question is, "what to do about the "birth father"? — a term that properly denotes the biological and often unmarried father of an adopted child.

The media has discussed Evan’s case as a tragedy caused by the court validating "father’s rights" at the expense of a child’s welfare. Whether the rights of Evan's biological father were in fact violated remains a point of debate in this specific case, but overall, a good argument can be made for the opposite view: By ignoring the father’s rights at the outset of an adoption proceeding, courts set the stage for this kind of needless tragedy.

When custody is contested, the child’s welfare should be foremost. Accordingly, commentary has centered on Evan. The children’s advocacy site Hear My Voice offers poignant coverage of the transfer to his birth mother. In the Boston Globe, Jeff Jacoby writes, "Only a legal system that believes ties of blood are the truest expression of parenthood could order a boy stripped of the parents who have raised and cherished him from birth."

Jacoby misses some salient points.

One: Evan’s situation did not arise because his father suddenly appeared after three years. Five months after Evan’s birth he filed papers with the court and has mounted a continuous legal battle.

The tragedy occurred, at least in part, because the court transferred Evan’s guardianship (with a presumption of adoption) to the Scotts before the father’s claim had been resolved. In doing so, I believe the court acted inappropriately, and with tragic consequences.

Two: the court acted inappropriate because, when both parents are known, they are both responsible for the child’s welfare and they possess an equal claim to parenting. If parental responsibility is to be legally binding— e.g. for child support — so, too, is the parental claim. Before an unwed woman can put a child up for adoption, the father should be given the opportunity to raise his child.

Four: saying that a child’s welfare should be foremost does not negate the rights of the two parents. The appropriate action is one that preserves the rights of all involved through negotiation if at all possible. Only if a parent is a clear threat to the child should his or her rights be summarily abrogated.

Good Morning America compared Evan's case to "‘Baby Richard’…a (1995) court battle that went all the way to the U.S. Supreme Court." In that case, a 4-year-old was taken from adoptive parents and given to his birth father.

However, the cause of birth fathers’ rights might not fare well if ‘Baby Evan’ becomes a test case. Evan's biological father was convicted of and served a jail term for assaulting and hospitalizing his birth mother while she was pregnant. This, unfortunately, lends credibility to the image, in these types of adoption cases, of the "birth fathers" as uncaring, unstable and unfit for parenthood.

Moreover, it is a widely accepted belief that in cases where there is a history of domestic violence, fathers bid for custody as a way of harassing the mother.

These are two common objections to birth fathers’ involvement in adoption: they are uncaring or unfit parents; and, they will use the courts to harass mothers. Without question, a number of birth fathers richly deserve such criticism. But it is improper to deny rights to an entire category of people because individuals within that category behave badly.

The birth father I met at a conference of the National Coalition of Free Men may very well be as "typical" as Evan’s. He and his mother had driven across several states to attend the meeting in the hope of making contacts to help his case. A serious young man of about 20-years-old, he explained that his girlfriend left town without telling him she was pregnant. She put the child up for adoption after running the public notice to the birth father, which is legally required; the notice was an ad in the back of an out-of-town paper to which he did not subscribe.

By the time he discovered his fatherhood, the window for claiming parental rights had expired. Now, he and his family were desperately seeking a way to gain custody and raise the child themselves.

How can courts help to prevent heart-wrenching father-child reunions, like the one Evan is now experiencing?

They should acknowledge at the very beginning of an adoption proceeding that both responsible parents have an equal voice. Each parent must be presumed responsible until shown otherwise. And no adoption placement should occur if either parent wants custody.

Moreover, the notification process should meet a high standard of diligent effort before parental rights can be suspended.

Evan is now in the custody of his mother who filed specifically to block the father’s claim; the latter has been granted liberal, but supervised, visitation.

The court’s misconduct, of course, extends beyond whatever original slighting of father’s rights it may have allowed to occur. To correct that "error" humanely, the court and adults involved might have arranged liberal visitation for the father with Evan's adoptive parents. But the mother’s filing precluded that very possibility.

The saddest irony is also the worst indictment of the family court system. Evan was desperately wanted by the Scotts, and his father also very much wants him. The only person who didn’t want him is the one who now has custody: the mother.

I retract my former statement: perhaps this would make a good test case.
http://www.foxnews.com/story/0,2933,143352,00.html
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Old 01-09-2005, 03:21   #2 (permalink)
 
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Default Re: What to Do About Daddy?

It is well past time for this nation to face up to the fact that fathers are equal to the mother over their children. The outlandish treatment of fathers by child support enforcement agencies and courts ignoring the right of fatherhood when it is convenient has gone on far too long. The legislation has given almost a free hand against fathers by the courts and Child Support Enforcement with no regard to what it does to families. I talk of child support because I know men who are crushed by it, financially and emotionally. There are no regulations in regard to what the person receiving child support does with the money, in many states there is no concern for other children the father may have in a new family which causes untold amounts of strain on his other children and family.

In divorce in many states joint custody is not a first option, many fathers must fight hard and many lose in court when trying to gain the same rights as mothers. The father is almost considered guilty and must prove his right to be a father, it is wrong and unjust.

There are many fathers who abandon their children, who skirt child support. They are not the majority however, there are millions of fathers who love their children and do everything possible to help raise them. However the courts and legislators ignore these millions and throw them all into one big pile of "dead beat dads". A phrase coined during the 90's when sweeping laws went into effect to punish the ones who did not pay for their children and in so doing as in most things when you beat the drums of hysteria they did not consider the millions of good fathers. The laws never took into account trying to nurture families instead it was all about money and nothing to do with fatherhood or education.

I have a friend who has custody of his son, he raises him and has done so since he was 5 months old when his wife and the boy's mother ran off with another man. The boy is 4 years old now and never has he received money. He could careless about the money, he is so afraid that if he even brings up the issue of child support it will take him to court and he is afraid that the mother would demand the son back and he would have no chance of winning in the current court system. Of course they would go after her and any judge with a heart would never do such a thing, but the fear is all to real for him and he would never chance it.

Fathers have every right a mother does, how they can put a child up for adoption without the fathers consent is a glowing attribute to what I am talking about. I am sorry for the child and the adoption parents and for the father and mother. It is all because fathers do not get the same rights as mothers when it comes to the children. It is well past time for that to change.
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Old 01-09-2005, 13:52   #3 (permalink)
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Default Re: What to Do About Daddy?

I agree with much of what you say. You cannot ask someone to pay for a child, but have no ultimate say so. Makes zip sense.


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There are no regulations in regard to what the person receiving child support does with the money, in many states there is no concern for other children the father may have in a new family which causes untold amounts of strain on his other children and family.
I laughed at my 1st husband when he said he was tired of paying for my beer. I politely showed him, on paper, the direct costs of raising our children. Half of their daycare, diapers, baby food, baby detergents, baby toiletries, clothes (not designer, I might add). Half of their portion of the water, gas, electric, and 2nd bedroom (a requirement of the law...vs 3 people sleeping in one room). At that point, I had WELL surpassed his child support. I did not have to even go into all the hidden costs, such as loss time from work, to take them to doctor's appts or stay home with them when they were sick, furniture (as they went from cribs to beds), recreational activities (toys, Birthday and Christmas toys and events, Halloween costumes, etc.) etc. etc. and etc. Not to mention that he DID NOT want custody of them (and NEVER came to see them), leaving me responsible for them 24/7 with no relief, unless I paid for it, and even then I was responsible. Put a price on that.

Needless to say, I did not complain. I wanted my children and did what I had to, but one complaint out of his mouth about how much "child support" cost him sent me in a tizzy. Idiot. I took just under 50% of the existing bills when we divorced. I had no money for beer. I did not go out and socialize, as I had no money to and no money for a sitter. I quit smoking for 6 months to have money to pay one of my credit cards off (remember, cigarettes didn't cost that much back in the early 80's). I was not living high.

You want to know what his reason for wanting to lower his child support? His new wife wanted to buy a home and they couldn't afford the mortgage. I told him that just like me, he had to live within the means left to him, AFTER he took care of his children.

Which brings me to say, if a man has "other" children in a "new" family, that is NO REASON to lower the support of his first set of children. He should have thought about that BEFORE he had more. How does it make sense for a responsible person to add to his load? Then demand that his first family suffer for it? He should be thinking of his first children FIRST, before he has a second one.

You know, you don't have to reproduce with every spouse you have. :icon_roll
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Old 01-09-2005, 14:08   #4 (permalink)
 
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Default Re: What to Do About Daddy?

I understand Sherry, I am not by any means defending fathers that have nothing to do with their children. I was just speaking in general on fathers rights, such as this man in this case. They did not pay attention that he did not want the child put up for adoption and they should not have to pay attention it should be a requirement. There is nothing wrong with making it part of the system that the father has 30 days or something to come forward and sign the adoption agreement or if he does not then it can be a default judgement. It would end many heartaches.
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Old 01-09-2005, 14:33   #5 (permalink)
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Default Re: What to Do About Daddy?

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I understand Sherry, I am not by any means defending fathers that have nothing to do with their children. I was just speaking in general on fathers rights, such as this man in this case. They did not pay attention that he did not want the child put up for adoption and they should not have to pay attention it should be a requirement. There is nothing wrong with making it part of the system that the father has 30 days or something to come forward and sign the adoption agreement or if he does not then it can be a default judgement. It would end many heartaches.
I completely agree with that. I was just commenting on the other remark.

So then ponder this. If a man is held responsible for a child (and must pay chld support) and as a result should also have rights regarding adoption, etc. (as we both agree he should)...what are his rights regarding abortion of the fetus?
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Old 01-09-2005, 14:39   #6 (permalink)
 
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Default Re: What to Do About Daddy?

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So then ponder this. If a man is held responsible for a child (and must pay chld support) and as a result should also have rights regarding adoption, etc. (as we both agree he should)...what are his rights regarding abortion of the fetus?

I know I have thought about that many times. Sometimes I think the man should have a say but I think the courts would rule differently and I would agree with them. At that point it is her body we are speaking of and there may be reasons beyond just an unwanted child to have an abortion. The father at that point until the child is born should not have a say over the womans body. It would be wrong to have it any other way.
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