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- From: garrod@dynamo.ecn.purdue.edu (David Garrod)
- Subject: Re: Sex Discrimination in Divorce
- Message-ID: <1993Jan26.182610.10313@noose.ecn.purdue.edu>
- Keywords: custody
- Sender: news@noose.ecn.purdue.edu (USENET news)
- Organization: Purdue University Engineering Computer Network
- References: <1993Jan26.170827.8963@noose.ecn.purdue.edu>
- Distribution: na
- Date: Tue, 26 Jan 1993 18:26:10 GMT
- Lines: 45
-
- In article <1993Jan26.170827.8963@noose.ecn.purdue.edu>, garrod@dynamo.ecn.purdue.edu (David Garrod) writes:
- >
- > We have had some discussion regarding a class action suit to
- > redress the sexist attitude of judges in custody hearings.
- >
- > What do we need to prove? How do we do it?
- >
- > We have data from Indiana, originally given to the Indiana Child
- > Support Advisory Committee showing two areas of discrimination:
- >
- > i. Sole custody given to mother 82.6% whereas sole custody to father 9.6%
- > ii. When father was given custody, no support order against mother 52%,
- > When mother was given custody, no support order against father .04%
- Oops! mis-type. should be 0.4%
- >
- > Clearly a difference with the sexes, but is it due to sex of parent?
- >
- > If the laws are gender-neutral, what is the remedy? You can`t order
- > the judges to give out equal numbers for custody. Each judge will
- > claim that every time he was acting in the best interest of the child.
- It is in the guidelines that the minimum child support should be $25,
- so we have clear bias with regard to no support order.
- >
- > What other data do we need?
- >
- > What is the constitutional argument(s) on which the claim can be made?
- > Due process? Equal protection?
-
- How would the following argument fly?
- Since there is no fault in the divorce, (assuming no abuse,etc) it
- should be the duty of the court to preserve the parental rights
- post-divorce as closely as possible to those that existed
- pre-divorce. (After all the parents are divorcing each other,
- not their children.)
- Thus, absent fault, it is unreasonable to take any rights away from
- any parent unless it can be shown necessary for the sake of the
- child. Therefore, a minimum of joint legal custody should be
- awarded. Further, it should be the duty of the court to maintain
- physical custody to as close a situation as pre-divorce as possible
- allowing for the fact that there are now two separate households.
-
- Thus to award custody solely to one parent, in the absence of cause,
- is demonstration, prima facie, of discrimination.
-
- David Garrod
-