According to John Fowler, Fathers 4 Justice Board Member and activist, one of his group's primary goals is "to promote equality in family courts." The organization's tagline reads "every father is a superhero to his children" which is fitting, given that the group in Britain uses daring stunts to draw attention to the issues of shared custody, including demonstrating outside of Buckingham Palace and the House of Commons wearing Batman and Robin costumes. These methods haven't translated as well in the States, and father's rights groups here tend to favor legislative solutions rather than superhero antics.
Such heroics weren't always necessary -- at least by fathers. According to reporter Susan Dominus' New York Times Magazine related piece, children were considered part of men's property until the 1850s. This was eventually replaced by the practice of awarding sole maternal custody on the theory that young children were best cared for during their tender years by their mothers. Since the late 70s custody has been awarded from the standpoint of the best interests of the child, an amorphous concept many father's rights groups believe naturally favors the mother.
Not surprisingly, the uncomfortable intersection of law and personal choice never fails to raise the blood pressure of those on the Left and Right, especially when it comes to issues such as father's rights. People understandably feel strongly about their personal choices -- kids, family, marriage, abortion -- and are willing to become a superhero or heroine or junkyard dog or martyr making sure those rights aren't trampled upon.
But in the case of custody, I think the "tender years" proponents were right. Even though biological determinism is outre´, the mother-child bond is undeniably biological in the beginning: Think pregnancy, delivery, hormones, breastfeeding.
Whether we, or our bosses who grant us 6 weeks unpaid leave, or our exes agree, babies and young children need their mothers more than they need their fathers in the beginning. Awarding 50% custody of children under 3 years of age is an act of total ignorance. And I think groups like Fathers 4 Justice are naive to think otherwise.
To Be Continued...
