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- From: garrod@dynamo.ecn.purdue.edu (David Garrod)
- Subject: Re: Sexual Discrimination
- Message-ID: <1993Jan27.160404.25887@noose.ecn.purdue.edu>
- Sender: news@noose.ecn.purdue.edu (USENET news)
- Organization: Purdue University Engineering Computer Network
- References: <1993Jan26.085757.6320@cbnewsk.cb.att.com> <1993Jan27.074741.28201@actcnews.res.utc.com>
- Date: Wed, 27 Jan 1993 16:04:04 GMT
- Lines: 54
-
- In article <1993Jan27.074741.28201@actcnews.res.utc.com>, Bob.Clarke%bbs@actcnews.res.utc.com (Bob Clarke) writes:
- > > >Deletions...
- > > >
- ....
- >
- > One comment though, the disscusion seems to centering on gender basis,
- > however I have been told that the court considers itself to be the adovcate
- > for the child, and will do what is best for the child, or at least what it
- > believes to be the best. Both parents maybe capable of raising the child,
- > but which one is best? Being capable may not be enough. We maybe faced
- > with a more subtle distinction here then simple gender basis.
- >
- > It was my post that started this thread, "Child Custody to Father?" about a
- > week ago. I must admit I am pleased with the quality of the thread, and I
- > will look for the book you referenced, I am going to need hard/published
- > facts.
- >
-
- I agree that one may not be able to prove sexist bias just by
- looking at sole custody numbers. But how do you explain the
- following:
-
- i. When men get sole custody, a support order is made against the
- mother only 48% of the time. (Compared with 99.4% when mothers
- have sole custody.) Given that the minimum order is $25, unless
- a deviation from guidelines is made.
-
- ii. The incidence of joint legal custody is extremely low, when an
- order of joint legal custody would in my opinion best preserve
- parental rights "more precious than property rights".
- Thus sayeth the U.S. Supreme Court.
-
- iii. Men are commonly sent to jail for support non-payment, regardless
- of whether they have the ability to pay. However, notwithstanding
- the fact it is class B misdemeanor, there have only been two
- prosecutions ever in Indiana for visitation denial and no
- women has ever been sent to jail. In fact, in the first
- prosecution, the sexist (expletive deleted) of a judge dismissed
- the case on the grounds that the father had adequate civil remedies!
- Further civil remedies, contempt of court, etc do not work,
- because of the sexist bias. The most egregious example I can
- recall with multiple returns to court, about 12 if my memory is
- correct, and even though eventually the judge sentenced the
- woman (we are talking after 4 years of repeated violations
- and hearings...$20K cost to the father) to 14 days in jail,
- he then suspended the sentence. AND then stuck the father
- with the mother`s attorney fees!
-
-
- It seems to me, given the different treatment above, there is no
- other explanation than blatant sexism, but I would appreciate it
- if anyone could point out any flaws in my conclusions.
-
- David Garrod
-