Fatherhood faces stacked deck in family court

Phyllis Schlafly looks at the courts sometimes line up against paternal rights.//JW sends.

Under no-fault divorce, equality is the rule: Either spouse can terminate a marriage without the other spouse's consent and without any fault committed by the cast-off spouse or even alleged by the spouse initiating the divorce.

When it comes to determining child custody, however, sexism is the rule. By making allegations of fault (true or false, major or petty) against the male, the female can usually get the family court to grant her their children and his money.

Despite an extended string of U.S. Supreme Court decisions upholding the fundamental right of parents to the care, custody and control of their children (reaffirmed in a 2000 case), and despite a very high standard that the government must meet in order to terminate parental legal rights, fathers are routinely denied due process when it comes to determining child custody after divorce.

Family courts use a highly subjective rule called the best interest of the child as recommended by court-appointed child-custody evaluators or psychotherapists. There is no requirement that they have first-hand experience with raising children, and they are allowed to use their own personal prejudices to overrule the parents.