What Is the Father's Rights Movement?
The father's rights movement is an international movement made up of both men and women that advocates equal rights for fathers in child custody disputes. The movement addresses the concerns of both divorced and unwed fathers.
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History
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Through the 19th century, common law jurisdictions like the United States, United Kingdom and Australia did not recognize custody rights in mothers. If parents divorced, the father almost always got custody. In the 20th century, courts reversed this situation when psychiatrists and psychologists claimed children of tender years needed to be with their mothers. This was called the "tender years rule," which generally gave mothers custody of their children. By the late 20th century, courts had modified this rule and usually gave custody to the custodial parent, or the parent who had cared for the child during the marriage.
Features
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Members of the father's rights movement argue that children need two parents and that courts should not be set up to award custody to only one. The focus should be on making sure both parents can care for the child after a divorce or separation. They also argue that traditional parenting roles during a marriage or relationship should not prevent fathers from being custodial parents after a divorce or separation. They feel that fathers are at an unfair disadvantage during custody proceedings and believe this should change.
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Controversy
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Opponents of the father's rights movement argue that it makes sense to favor the custodial parent during the marriage when consistency and continuity would be good for the child. They also claim that when fathers litigate custody they are as likely as mothers to win. By far, the most controversial point concerns child and spousal abuse. Some factions of the father's rights movement claim that many, if not most, claims of abuse are fabricated. Their opponents fear that mothers and children will be abused if they are not protected.
Benefits
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The father's rights movement argues that children will benefit from continued contact with both parents. All children will benefit from having both a mother and a father in their lives.
Considerations
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Laws on child custody in the U.S. and in other common law countries focus on the best interests of the children, not on the parents' interests. Critics of the father's rights movement point out that the care and safety of the children should always be the court's primary concern. Child custody is not about parental rights.
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