The parental rights of unwed fathers

Time for a change

Excerpt from Bolden vs. Does: Eviscerating the parental rights of unwed fathers | Law Blogs :

Quilloin was decided in 1978, at a time when sex role stereotypes permeated every aspect of the American psyche and culture, including jurisprudence. Although some progress toward gender neutralization of custody law was being made, the maternal preference was still an explicit part of the statute and/or case law of every jurisdiction. Most people, including judges, believed that women are simply born with an instinctive desire and ability to raise children, while men are not. To the Quilloin Court, therefore, it made sense to place the burden of proof of willingness and ability to parent on fathers while at the same time giving mothers the benefit of a presumption of willingness and ability to parent.

This issue affects Unwed Biological Fathers all over the world!

This video was originally planned to come at the end of the video Gender Equality, Patriarchy and Fatherhood ” but I felt the point fully deserved a video of it’s own.   To support my work please click here.  Click here for the other video.

The central point of this video is that it is unreasonable of us to expect fathers to commit emotionally to children as much as mothers do (biological differences aside) when they have nothing like the same sense of security in their relationship with their children. As individuals we look to commit less emotionally when we know the risk is greater of getting hurt. The risk, as a father, is almost always much greater than it is for a mother, because the relationship between a father and his children is more precarious and unsupported (by society and the state) than it is for a mother and contingent, in many cases, upon the relationship with their spouse, rather than seen as immutable and with primacy over all others.

I contend we can never expect to see father’s entirely “step up to the plate” and be the best and most emotionally committed they can be, towards their children, until we start to afford them the same levels of respect and protection as we do with mothers, otherwise what we are asking for is both unachievable and totally unreasonable.  Links:   VERY interesting read, this one  —  Rights of Unmarried Fathers in the UK

Finally some information related to the unfortunate decision of the government not to press forward with a presumption of shared parenting (it seems, as a society, we just deem men with too much suspicion ………… I mean, as a society, we might say fathers are equal to mothers, that we ought to treat every parent on their own merits, but when it comes down to it, putting our money where our mouth’s are, we don’t really believe it…… very very sad)family court in focus - 2015

Judicial rulings are supposed to be based on evidence, not unsupported assumptions. If a state were to require only female candidates to pass physical and psychological tests in order to become police officers, on the basis of an assumption that men – and only men — are born with a protective instinct and naturally superior physical strength, it would clearly be denying women the Equal Protection of the laws. It should be just as clear that state laws requiring only male parents to demonstrate ability to parent in order to retain parental rights violate the Equal Protection clause.Ocala Article Family Law Reform - 2015

It is truly baffling that judges still cannot, or will not, see that. It’s 2015, folks.

Source: Bolden vs. Does: Eviscerating the parental rights of unwed fathers | Law Blogs

Reducing acrimony and litigation

Understandably, not many family law mediators are enamored of the word custody. Fewer still are fans of the winner-takes-all, adversarial approach it connotes. Because neither parent wants to be the one who is deprived of that title and relegated to the role of “visitor,” it is a significant source of impasse in mediation. In many cases, it may actually be the only source of impasse. For this reason, many mediators will not address the issue (if they address it at all) until after all discussions of the details of the actual parenting time schedule and decision-making allocations have been completed.3

Any family court judge or attorney can attest to the fact that the lion’s share of litigation in family court involves a contest for ownership of the custody “prize.” If this incentive were removed, it stands to reason that there would be a sharp decline in litigation in family court. Parents would save literally thousands of dollars in attorney fees and related expenses like custody evaluators, forensic experts, witness fees, and so on.

Removing the winner-gets-the-kids concept would also remove the incentive for parents to focus on each other’s faults, and to “dig up dirt” on each other. It may not be reasonable to expect divorcees to co-parent blissfully, without conflict, but getting off to a less acrimonious start, one that encourages cooperation rather than competition, would certainly seem to have a greater chance of serving the interests of children than the existing system has.Florida Child Support System Cyber Protest - 2016

Source: Should Custody Law Be Abolished?

34 thoughts on “The parental rights of unwed fathers

  1. We must educate the masses that WE DO NOT live in a Nation with liberty and justice for ALL.
    How do I start new project – educate and inform masses we do not live in nation with liberty and justice for ALL. I know you are all about judicial reform on this site however if Judges ruled in accordance with out evidence, statutes and our constitution or face legal and civil consequences, it would eliminate ALL of the corrupt cases currently on the books. Below is comment I wrote to FOX news –
    IS THE FACT WE DO NOT LIVE IN A NATION WITH LIBERTY AND JUSTICE FOR ALL EVER GOING TO BE ADDRESSED?? Absolute judicial immunity allows the judiciary*absolute rule, absolute tyrannical rule over every citizen of the United States.
    Dec 7, 2015 — “When a well packaged web of lies has been sold gradually to the masses over the generations, the truth will seem utterly preposterous and its speaker a raging lunatic.” (Dresdon James)
    We the people, the petitioners, are NOT raging lunatics! We speak the TRUTH it is the judiciary who has gradually woven their web of deceit convincing the public they are Honorable, Fair and Just.
    The truth is not preposterous it is simplistic, however those who deceive will attempt to convince you there are complicating circumstances which entitles them to tyrannical rule. They will talk out their ass (falsely) rationalizing why they should be above the law. NO ONE especially those in the position to administer justice should be above the law.
    Absolute Judicial Immunity MUST be abolished!
    “Educate and inform the whole mass of people….They are the ONLY sure reliance for the PRESERVATION OF LIBERTY.” – Thomas Jefferson
    We the People must INFORM the masses that we DO NOT live in a Nation with liberty and justice for ALL. The Judicial branch of Government has supreme, tyrannical rule over ALL citizens. They have self enacted ABSOLUTE IMMUNITY.
    *Absolute judicial immunity is a form of legal immunity which protects judges and others employed by the judiciary from lawsuits brought against them for judicial actions, NO matter how incompetent, negligent, or malicious the conduct, EVEN IF it violates a statute or is known by the judge to be unconstitutional.
    The amount of corruption within our judiciary is extensive, the perversion of our statutes and constitution, enormous.
    Bradley v. Fisher, “A judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority….”
    Stump v Sparkman, the Supreme Court ruled that the judge could not be sued….” it was irrelevant that the judge’s decision may have been contrary to law and morally reprehensible.”
    Pierson v Ray, the Supreme Court said that judges are protected by absolute immunity even if they act unconstitutionally. A state court judge was ruled absolutely immune from damages liability, even though he convicted the plaintiff under an unconstitutional statute….” it did not matter even if the judge did so knowingly.”
    Sadly as long as the Judiciary has ABSOLUTE IMMUNITY there is no way to hold them accountable for their corrupt actions or force them to rule fairly, lawfully, without malice and with justice for the parties.
    “WE THE PEOPLE are the rightful masters of Congress and Courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” Abraham Lincoln
    Demand Judges be held accountable and liable for their lawless, unconstitutional rulings and the harm caused.
    Demand Judges make rulings in accordance with their oath of office: “I will administer justice. I will faithfully and impartially discharge and perform all the duties incumbent upon me under the Constitution and laws of the United States. So help me God.”
    Demand the supreme (tyrannical) absolute rule of our CourtsABOLISHED, so we may live in a nation with liberty and justice for ALL.
    “The World will not be destroyed by those who do evil, but by those who watch them without doing anything.” Albert Einstein
    By signing, liking and sharing this petition you will be EDUCATING all Americans about the danger posed and harm caused to our Liberty and Constitution because of absolute Judicial
    Please go to Immunity.…/abolish-absolute-judicia… and sign petition being sent to congress to “abolish absolute judicial immunity”.
    Note –
    Author of petition is a 16 year victim of Family Court corruption where Judicial abuse is very common and especially dangerous. Corrupt family court Judges regularly refuse to abide by our statutes, Constitution, truth, evidence and most importantly the best interest of the Child. This results in long, torturous and costly family court proceedings. If a Judge were to even knowingly order an innocent child into the custody of an emotionally, mentally, physically or sexually abusive parent or foster home the Judge cannot be sued for the damage and harm the child suffers.
    Innocent Children and good parents suffer lifelong emotional, mental and physical scars due to the Judiciaries’ lawless, unconstitutional, malicious, morally reprehensible, and baseless rulings. Children and parents suffer with PTSD, PAS (parent alienation), anxiety, depression, oppression, and some children have their entire childhood (or even their life) stolen from them. Sometimes the pain is so unbearable victims commit suicide or will die at the hands of their abuser.
    ABSOLUTE JUDICIAL IMMUNITY MUST BE ABOLISHED TO SAVE OUR INNOCENT CHILDREN from lifelong emotional, mental and physical scars because of the Judiciaries’ lawless, unconstitutional, malicious, morally reprehensible, and baseless rulings.
    Go to to read the petitioners horrific 16 year nightmare due to the corrupt absolute rule of the judiciary (custody and child support).

    Liked by 4 people

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