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New MSN.com Column--The Rise of Lesbian Custody Battles; Paternity Fraud Attempt Against Keanu Reeves Flops
October 20, 2009
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New Column: The Rise of Lesbian Custody Battles

Evan StarkNed Holstein, MD and I co-authored a new piece for MSN.com on lesbian child custody battles. Regardless of whether one supports or opposes gay marriage, lesbian custody battles are enormously illustrative of the dynamics behind heterosexual family court battles.

Mothers are often able to convince courts to allow them to drive decent, loving fathers out of their children's lives by employing anti-father/pro-mother stereotypes and by portraying dads as abusive or unfit. But there are no abusive males or bad dads in lesbian custody battles. Nevertheless, when two lesbians agree to have a child together and the relationship goes sour, the lesbian biological mom often does the exact same thing to her ex as heterosexual mothers do.

Evan StarkCertainly there are abusive fathers from whom mothers need protection in family court, but when a mother decides to drive a father out of his kids' lives, abuse or unfitness isn't usually the motivation.

The column is With Gay Marriage Comes Gay Divorce: The Rise of Lesbian Custody Battles (MSN.com, 10/15/09). MSN.com gets 12 million visits per day. We wrote:
It's not every day that America's conservative Christians rally around the cause of a lesbian. Yet numerous groups are providing support and expensive legal services for Lisa Miller. Miller's cause? To deny her former civil union partner Janet Jenkins any role in the life of the daughter they raised together.

Miller and Jenkins joined in a same-sex civil union in Vermont in 2000 as Lisa Miller-Jenkins and Janet Miller-Jenkins, and had a child named Isabella Miller-Jenkins together in 2002. Lisa was artificially inseminated from a sperm donor who they chose because his physical traits closely matched Janet's, who became Isabella's social mother. According to the Washington Post:

"When Isabella was born, Janet had the honor of cutting the umbilical cord ... Lisa and Janet had researched how best to bond with the baby ... [at night] 'Every two or three hours, Isabella would wake up so Lisa could nurse her,' Janet said. 'I would take Isabella from that point. I would burp her ... I would rock her. She would go back to sleep on my heartbeat' ... Janet's parents were enthralled, and embraced Isabella as their newest grandchild."

In 2004 Miller decided to leave Jenkins and move to Virginia, agreeing to a liberal parenting time schedule for Jenkins, who paid child support to Miller. Yet after Miller got to Virginia, she violated the agreement, deciding that she wanted sole custody of Isabella and excluding Jenkins from the child's life. The Liberty Counsel, a close partner of the late Rev. Jerry Falwell's Liberty University, has spearheaded Miller's legal case.

Jenkins, who has helped care for children at day care centers in two states, treasures pictures she has of Isabella helping her in their garden, picking through her purse and playing with wooden trains. "These are hard to look at ... we were happy," she says. She remembers how Isabella would say "Uppy" when she wanted Janet to pick her up.

Miller, who became a Christian and renounced lesbianism after leaving Jenkins, even pushed aside Jenkins' parents, who Isabella adores and who live near Miller. Janet's dad Bucky, a retired firefighter who's been married to his wife Ruth for over 50 years, says, "The loser in the whole thing, of course, was the baby."

Vermont judges have seen the dispute Jenkins' way throughout the case. On Aug. 25 a Vermont court found Miller in contempt, imposing a fine on Miller if she continues to violate Jenkins' court-ordered visitation.

Miller could have been incarcerated by the court but Jenkins -- showing Miller a kindness both unreciprocated and unmerited -- told the court she didn't want Miller jailed. What she wants is to see her daughter. Afterwards, Miller declared that she's going to continue her legal battle to keep Isabella away from Jenkins "because that's what a Christian is supposed to do."

Miller is, of course, entitled to choose her own sexuality and religion. But she chose to have a child with Jenkins and shouldn't be able to obliterate this because it doesn't fit in with her new beliefs. And however one feels about gay marriage, it is enormously damaging to children to have one of the two people they love the most in the world -- a parent -- ripped out of their lives. The saddest part is that children usually blame themselves, asking, "What did I do to make mom not want to be with me anymore?"

Lesbian custody battles are now becoming routine, and dozens of them have been the subject of hotly contested cases in recent years. Some of the biological mothers are so determined to drive the social mothers out of their children's lives that they even invoke laws which limit gays' parental rights as a way to win their cases.

LGBT (lesbian, gay, bisexual and transgender) activists believe courts haven't adequately protected the rights of lesbian social mothers because of the tenuous legal status of gay marriages and relationships, and they're partly correct. But much of the problem lies in the way courts treat noncustodial parents, regardless of sexual orientation. Most of Miller's tactics are well known to noncustodial fathers...
Read the full column at With Gay Marriage Comes Gay Divorce:The Rise of Lesbian Custody Battles (MSN.com, 10/15/09). To discuss the column, click here.

Read Full Article


Fathers & Families Hosts Debate Between 2 Leading Domestic Violence Authorities (Part VI) 

Evan StarkDomestic violence and the DV policies of family courts and law enforcement is a multi-faceted issue that has an enormous impact on American families.Fathers & Families is hosting a debate between two of North America's leading domestic violence authorities, feminist DV expert Professor Evan Stark, Ph.D, MSW, and dissident DV expert Dr. Donald G. Dutton.

Evan Stark, Ph.D, MSW (pictured, right) is a forensic social worker who has served as an expert in more than 100 criminal and civil cases, consulted with numerous federal and state agencies, including the FBI and the Centers for Disease Control, and won a number prestigious awards for his work.

Dr. Donald G. Dutton, Ph.D. (pictured, middle right) has published over one hundred papers and ten books, including Rethinking Domestic ViolenceThe Abusive Personality, Domestic Assault of Women: Psychological and Criminal Justice Perspectives, and The Batterer: A psychological profile.

The debate will run in several segments and will be posted on both fathersandfamilies.org and glennsacks.com. Readers are asked to keep comments respectful and on topic. Our rules of moderation can be seen here.

All of the posts relating to this debate are available here.

In Part IV and Part V, Stark and Dutton sparred over numerous issues, centrally the question of whether the DV establishment's "gender model"–that domestic violence is something that men do to women, not vice versa–is the proper way to view DV. Below, Stark responds to Dutton's latest.

Glenn Sacks, MA
Executive Director, Fathers & Families

Ned Holstein, M.D., M.S.
Founder, Chairman of the Board, Fathers & Families

Stark Responds to Dutton:

Dutton bobs and weaves.  I won't respond to his personal stories except to express my sympathy at not being listened to. I know how it feels...

Society's interest in protecting women was no more feminist than the Supreme Court's wanting blacks to go to decent schools. If blacks aren't educated, they can't do the jobs needed to make the economy prosper.  If women's resources and energies are redirected to serve individual men, they can't fully contribute to the economy, causing the society to lose a substantial portion of its workforce. This is why we criminalized abusive behavior...

Current law doesn't go far enough. Mounds of research now show that  a typical abusive relationship involves coercive control, not merely physical violence. In between 60-80% of these relationships, one partner is depriving the other of basic liberties and autonomy, taking their money, regulating their everyday behavior, isolating them from friends and family members, threatening them in a range of ways, restricting their speech and movement, degrading them sexually through rape and inspections. In most of these relationships, about 80%, the abusive partner is also assaulting the victim.

Instead of punishing persons for assault only, however, we should make it a much more serious crime to deprive partners of liberty or autonomy in personal life, the crime of coercive control. This pattern has a range of health consequences that are exhibited by no other population of assault victims, including women assaulted by men, men assaulted by men, men assaulted by women, etc. At present, the evidence is overwhelming that women abused by men suffer entrapment as the consequence of coercive control. Moreover, as I show at length in Coercive Control, women's performance of stereotypic gender roles is the focus of coercive control—how they dress, have sex, cook, clean, talk to others, care for children, and so on. So it is not feminists who have made gender the target of abuse, but abusers.
"I believe that coercive control is committed almost exclusively by men because it is rooted in sexual inequality and the desire by some men to preserve the privileges they derive from inequality."
I believe that coercive control is committed almost exclusively by men because it is rooted in sexual inequality and the desire by some men to preserve the privileges they derive from inequality at any cost. Since men cannot be unequal to women in the same way and at the same time that women are unequal, inequality supports men's capacities to abuse women far more than women's abuse.
"I do not believe women are any less interested in controlling us than we are in controlling them or less prone to violence or less jealous. I believe battering is a function of opportunity, not just motive."
I do not believe women are any less interested in controlling us than we are in controlling them or less prone to violence or less jealous. I believe battering is a function of opportunity, not just motive, and that inequality provides opportunities for men to establish and defend privileges in personal life not available to women.
"[C]oercive control has been invisible in plain sight precisely because the types of behavior abusers enforce are part of women's already degraded default roles as housewives, homemakers and mothers."
I believe coercive control has been invisible in plain sight precisely because the types of behavior abusers enforce are part of women's already degraded default roles as housewives, homemakers and mothers. If a woman is responsible for cooking and cleaning anyway, what difference does it make if I give her a strict set of rules on how to clean?

If it turns out that a substantial population of women are depriving men of liberty and autonomy on a substantial scale, I would also favor sanctioning them harshly. But I have treated dozens of men and hundreds of women and worked with dozens of abused males as well as abused females. So, when I say it is a male crime primarily, I am reflecting not merely on the data, but on my experience. But it is equality, liberty and autonomy that I am fighting to protect, not women, because I believe these are basic values in our society that merit defending. The difference is that we now defend these values much more vigorously in public life than in personal life.

A major confusion in much of this debate concerns violence. The battered women's movement of which I am a proud part is not a movement to stop people from being violent, no matter how desirable this may be. It was a movement to prevent the use of violence, as one among many means, used to dominate women...
"[C]laiming that this stereotype of women as passive and helpless is due to the 'gender model' is just wrong, however much readers of this blog would like to believe it."
I have spent my life living and working in communities where women are easily as capable of violence as men. So I have no illusions about women's use of violence. The stereotype of women as defenseless is not peculiar to feminists. Most middle-class men and women hold to it and in an era when women were more dependent than they are now on the male as protector and breadwinner, it probably served us well from an evolutionary standpoint...

Read and discuss Stark's views here. All of the posts relating to this debate are available here.

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Glenn Sacks, MA
Executive Director, Fathers & Families

Ned Holstein, M.D., M.S.
Founder, Chairman of the Board, Fathers & Families
 
What's Happening
Judith Warner: Mothers Don't Choose to Stay Home, They're Forced to Stay Home

Iowa Department of Human Services Asks Legislature to Speed Up Child Support Modification

We're Shocked! Keanu Reeves Is Not the Dad

Six-Year-Old Boy Busted Under School's 'Zero Tolerance' Rules

Slate.com's Bazelon Gets it Wrong on False Rape Claims

 
Congtratulations

Fathers & Families Board Member and king blogger Robert Franklin, Esq. celebrates his 20th anniversary with his lovely wife Lebeth today. Robert says, "We've been married 20 years today and it just keeps getting better. Happy Anniversary, sweetheart. I love you dearly. I'm looking forward to our next 20."

Congratulations to both of them.

 
Kids & Dads
'By candlelight, exhausted from 12 hours of wielding a machete, he gave his meal to the frailest of his six children'

Evan StarkGolfer Juan Antonio "Chi-Chi" Rodriguez (pictured) was the first Puerto Rican to be inducted into the World Golf Hall of Fame. According to Wikipedia:
Rodriguez was born into a poor family in Rio Piedras, Puerto Rico. He was one of six siblings. His father used to earn only $18 a week as a laborer and cattle handler. When Rodriguez was only seven years old, he helped the family by earning money as a water carrier on a sugar plantation. One day Juan wandered off into a golf course. When he saw that the caddies were earning more money than him, he decided to become a caddy himself.

Rodriguez would take a branch from a guava tree and turn it into a golf club. Using a metal can as a "golf ball", he would practice what he had seen the "real" golfers do, teaching himself how to play golf. By the time he was nine years old, he was proficient at golf and in 1947 at the age of 12, he scored a remarkable 67…

Rodriguez turned professional in 1960. In 1963, at 28, Rodriguez won the Denver Open, which he considers as his favorite win. In total he won eight titles on the PGA Tour between 1963 and 1979.
Evan StarkAccording to the World Golf Hall of Fame:
Chi Chi Rodriguez's father died the week after he won his first tournament, the Denver Open.  "He was too sick to attend.  My dad was too poor to play golf.  He was too busy trying to raise us…He died the week after I won my first tournament…I dream of him all the time…He is the reason that I have had this incredible life, doing something I love and seeing the world.  It is because of him that I have never forgotten my roots."

As a tribute to his father, he started the Chi Chi Rodriguez Youth Foundation.
According to Sports Illustrated:
Nearly every day, Juan (Chi Chi) Rodriguez closes his eyes and reaches back through the years. First he sees himself as an underfed, shoeless seven-year-old struggling under the hot Puerto Rican sun to heft an ox-driven plow in a dusty sugarcane field. Then his mind's eye shifts to night: By candlelight, a barrel-chested man, exhausted from 12 hours of wielding a machete, nibbles at a plate of cornmeal and beans before giving the rest of it to the frailest of his six children, his second-oldest son, Juan…

His parents were separated when he was seven, and he and his siblings lived with his father. Though his mother lived nearby, Rodriguez's most vivid childhood memories involve Juan Sr., who worked on farms and as a dishwasher all his life and never made more than $18 a week. When the elder Rodriguez saw that his namesake was a dreamer with ambition and drive, he took to calling him El Millonario.

"My dad gave me so much confidence," says Rodriguez. "I remember I came home from a fight once, and this kid had beaten me up. My father said, 'What happened, Don Juan?' which was the formal way he addressed me. I told him, 'Dad, this boy beat the hell out of me.' He said, 'Well, son, did you back up, or did you fight?' 'I fought him, Dad.' 'Then,' he said, 'you didn't lose.' The next time I fought that kid, I beat him."

Juan Sr., who died in 1963 at the age of 73, had no knowledge of golf and never saw his son play...The year Juan Sr. died, he finally asked his son to hit a ball in a field next to the Rodriguez house. "He wanted to see what a golf shot looked like," says Chi Chi. "I teed up a driver and I really crushed it. I said, 'So what do you think, Dad?' He said, I never saw it, son.' That was O.K. I still hit shots for him, and I know he can see them now."
 
dads matter
One night at about two o'clock in the morning my father caught a man stealing bananas from our back yard. He went over to the man with his machete, took the bananas, cut the branch in half and said, 'Here, you can have it.' And then he said, 'From now on, if you need anything from the back of our house, come to the front.'
— Puerto Rican golfer Chi Chi Rodriguez
dads matter
 
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