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News :: Civil & Human Rights

Groups Push for Legislative Reforms Aimed at Changing Divorce and Child Custody Laws

Advocates lobby to strengthen the position of parents as a remedy to societal issues; government-only approach seen as unworkable.
(CHICAGO) October 12, 2004 -- Community and family advocacy groups have begun a campaign to ask state and federal lawmakers to reform divorce and custody laws in favor of a Rebuttable Presumption of Shared Parenting as a means of protecting parents and children without undue government intrusion.

"Beyond the continuing cycle of government spending and involvement in the family, findings show that a renewed emphasis on parental involvement is needed, and our communities are ready for reforms that help us achieve such change," according to Michael Burns, Executive Director of the public interest group Dialog on Sustainable Community, based in Chicago, Illinois.

"There has been a great deal of talk with regard to protecting children over the past 20 years. The difficulty we face is that government is not capable of fixing every problem that children face within our communities. By strengthening the position of parents, we should be able to better predict more positive outcomes--regardless of their status. Our high rate of divorce, juvenile incarceration, drug use and teen pregnancy should be enough to tell anyone that our public policy toward parents is an abominable failure that is worthy of thoughtful and continuous review."

Studies have shown that children raised without the active involvement of both parents experience greater rates of delinquency, suicide, poor academic performance, lower standards of living, incarceration, and other negative outcomes. Even after differences in income, children who were born out of wedlock and either remained in a single-parent family or whose mother subsequently married had significantly poorer math and reading scores and lower levels of academic performance than children from continuously married households, according to Elizabeth C. Cooksey, author of "Consequences of Young Mothers' Marital Histories for Children's Cognitive Development," published in the Journal of Marriage and the Family.

Studies also acknowledge an increase in gang involvement by children who originate from single parenting households. In recent years, the Chicago Crime Commission has acknowledged an active gang membership of greater than 70,000 in the greater Chicago area. "These numbers confirm the long held belief that government, though well-intentioned, does not have the sole capacity to manage such pervasive issues--issues that have been traditionally handled with the active involvement of both parents," says Burns. "Though it is a stark example, it tells us that our policies toward unmarried parents and children do not work for everyone. Providing a scenario for greater parental involvement would serve as a likely deterrent, so that our children do not have to go looking for a sense of family or belonging in the wrong places."

Unhealthy Trend in Single Parenting; Parents Remain Under-represented

Studies by the Census Bureau and other government agencies show that more than 40% of U.S. children will spend a significant part of their pre-adult life without the active involvement of one parent. "Parents are generally under-represented in our society and placed under greater pressure when they are devalued as a group," according to Michael McCormick, Executive Director of American Coalition for Fathers and Children, based in Washington, DC.

"We live in a time when more and more children are growing up in single-parent homes. Whether the cause of this phenomenon is from the high rate of divorce, the result of unmarried childbearing or other influences, the outcome for our society hasn't been what it should be," says McCormick. "Parents are looking for affirmation and support in developing their most significant responsibility, and this is why we must do more to strengthen and nurture their position in our communities."

For children raised in the absence of one parent, entrance into higher education is a common dilemma for social, academic, and financial reasons, according to recent studies. Academics from many sectors have indicated that the caliber of student coming into accredited 4-year college programs has been in a steady decline for more than forty years. Studies show that children with involved, loving parents are significantly more likely to do well in school, have healthy self-esteem, exhibit empathy and pro-social behavior, and avoid high-risk behaviors such as drug use, truancy, and criminal activity compared to children who have uninvolved parents.

"The role that parents play in developing and cultivating their children, preparing them to accept their purpose as citizens in today's society, is probably the most important job anyone can ever undertake," says McCormick. "We need to assure that children have the opportunity to benefit from the unique contributions each parent makes to their development, regardless of the parent's present marital status."

States Make Strides to Resolve Single Parenting; Link to Societal Issues

According to a report issued by the Federal Interagency Forum on Child and Family Statistics entitled "America's Children: Key National Indicators of Well-Being," the rate of child abuse in single-parent families is nearly twice the rate of child abuse in two-parent households. Studies have shown that children fare better in communities that embrace the concept of shared parenting, where unmarried parents are able to spend more time with their children.

"Because the health and well-being of children depend so much on how we value and protect them, providing an opportunity for shared parenting is in their best interests," according to David L. Levy, Director of Children's Rights Council in Washington, D.C. "While there has been a great deal of progress made in recent years, there is still much to be done. Our public policy doesn't create enough emphasis on the active involvement of both parents," says Levy.

Oklahoma, Texas, Washington, DC, and most recently Iowa are among states that have updated their laws to reflect the changing needs of communities, with California, New York, Massachusetts, Illinois, Pennsylvania, and Tennessee considering similar changes.

"Parents have been asking for these reforms for years. The difficulty we face is that this type of legislation often bogs down in lawyer-dominated judiciary committees," says McCormick. "In some states where there is a continual stream of parenting bills being introduced, you'll also notice poor compliance with child support and visitation laws. It indicates that parents are unhappy with these arrangements and want more equity. Unfortunately, our children and the communities where they reside are the ones who suffer the most. As an additional hurdle, there is judicial frustration of legislative intent when the judiciary does not respond accordingly to such hard won reforms. This creates an even larger burden, especially when parents become disaffected by the system or are treated as "visitors" in the lives of their own children and are prodded to walk away."

Sustainability Indicators Put Health of Communities into Question

Experts in the field of sustainable development note the carrying capacity of a community to absorb such problems can vary, depending on array of indicators such as human and social capital.

"While each community should be afforded certain fundamental building blocks, such as providing a level playing field for children and parents, it is clear that our current policies do not provide such an environment," according to Burns. "In order for each community to thrive, we need to start with a public policy that helps us meet the needs of the present generation, without compromising the ability of future generations to do the same."

"Shared parenting picks up where joint custody falls short. By fixing the issues associated with separated parents and children by implementing a rebuttable presumption of shared parenting, we can foresee long-term gains in just about every category that determines the potential success of a community. It is both prudent and cost-effective to our bottomline to create an incentive for parents to stay close," says Burns. "Parents are parents whether they are rich or poor, married, unmarried, single, or divorced. We need to send a a clear message to our lawmakers who are considering such changes that we need to affirm and protect the standing of parents," says Burns.

"Providing a better scenario for shared parenting enhances the potential for human and social capital to thrive in our communities, and that's what we need if were going to create safe, happy environments that protect the standing of parents and children."

"Our goal in coming together to support this initiative is to develop efforts that lead to public policy acceptance of a simple premise: "Children Need Both Parents."


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For more information, contact:


Michael Burns
Executive Director
Dialog on Sustainable Community
1460 N Clark Avenue Suite 1803
Chicago, Illinois 60610
info (at) sustainable-community.org

Michael McCormick
Executive Director
American Coalition for Fathers and Children
1718 M. St. NW #187
Washington, DC 20036
800 978-3237
info (at) acfc.org
www.acfc.org

David L. Levy
President
Children's Rights Council
6200 Editors Park Drive, Suite 103
Hyattsville, MD 20782
crcdc (at) erols.com
www.gocrc.org
 
 

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