Perhaps in no case in recent memory has
widespread media sympathy been more
misplaced than in the Bridget Marks child
custody case. Marks, who lost custody of her
twin four year-old daughters to her
ex-boyfriend, has successfully taken her
side of the story to the public via
appearances on Larry King Live,
PrimeTime Live,
The O'Reilly Factor, Dr. Phil and others
Granted, at first glance, the Marks ruling
doesn't seem right. The girls, who have been
cared for by their mother and were sired
during an adulterous liaison with casino
mogul John Aylsworth, will now be raised by
their father and his wife.
The controversial Manhattan, New York family
court ruling runs counter
to many standard
practices of modern American family law. For
one, courts lean heavily toward preserving
existing caregiving arrangements by awarding
custody of children to the children's
primary caregiver. Also, courts generally
award primary custody of children to mothers
over fathers, even when caregiving duties
were divided equally during the marriage.
And when accusations of child abuse or
domestic violence are made, most judges
prefer to "err on the side of caution" by
siding against those accused.
However, in this case, Family Court Judge
Arlene Goldberg made the correct decision.
Marks alleged that Aylsworth had sexually
abused both daughters during a supervised
visitation. The neutral experts appointed by
the court concluded that Marks' allegations
were false, and that Marks had coached the
girls to make statements corroborating her
charges. All three experts recommended to
the court that custody be awarded to the
father.
Research establishes that children who are
coached into believing they have been
sexually abused often suffer damaging,
long-term consequences. According to
researchers Julia A. Hickman, Ph.D., and
Cecil R. Reynolds, Ph.D., such children
experience "many or all of the negative side
effects of children who actually have been
sexually abused and in many cases the
effects may be more severe than occur in
some forms of true sexual assault." These
effects include severe depression and
suicidal tendencies, disturbances in
psychosexual development, and a
"significantly increased risk of becoming
victims [of sexual assault] as adults if
female and aggressors or perpetrators if
male." Goldberg acted correctly in moving to
protect the girls from these pathologies.
Despite this, Marks has successfully
portrayed herself as the victim of an
unscrupulous, wealthy playboy and a corrupt
family law system. But Marks is no victim. Aylsworth never sought custody until Marks
made the explosive allegations, and it is
inconceivable that without it Marks would
have lost custody of her children. She would
have had her girls, the court-ordered $4,200
a month tax free in child support, and all
parental authority over the twins. The only
obligation required of her was a reasonable
and appropriate one--to allow her girls to
visit their father and have a relationship
with him. Yet the court found that Marks had
so much "unbridled anger" towards Aylsworth,
apparently for not divorcing his wife of 34
years and marrying her,
that she did not and could not allow
this relationship, and was thus incapable of
acting in the best interests of her
children.
For too long many family courts have been
kangaroo courts in which perjury and false
allegations are not only tolerated but are
frequently rewarded. According to a study
conducted by Douglas J. Besharov and Lisa A.
Laumann and published in Social Science
and Modern Society, the vast majority of
accusations of child sexual abuse made
during custody battles are false, unfounded
or unsubstantiated. Yet spurious allegations
often devastate fathers and children by
allowing mothers to drive fathers out of
their children's lives. Goldberg's ruling
sends a clear message that such behavior
runs deeply contrary to the best interests
of children, and that courts can and should
act decisively to combat it.
While Aylsworth has been vilified by Marks
in the media, the evidence is clear that,
despite having an adulterous liaison, he is
a capable, loving father. His four adult
children and his wife all gave the court
glowing reports of him as a father, and,
according to Goldberg, "all persons who have
seen him interact with the twins testified
that he is a very good parent and that the
twins love him and are happy with him."
Critics of Goldberg and Aylsworth are
correct to be concerned about the pain
suffered by the twin girls throughout this
case. But Goldberg and Aylsworth are not the
cause of that pain. Bridget Marks is.