The article I'll check today, it's just purely random at this point so it could go either way. I might end up finding this article is actually fair and balanced. The odds however are not really in their favor since every single article I have ever read has been factually wrong or at best misleading.
The title is: "Dad's day in court. The perception that family law is unfair to fathers is not exactly true", by Hanna Rosin.
Article
Ok, the first problem. The article title has the conclusion already. This pre-supposes that they are right. Sure this is acceptable, if they actually have the data to back that assertion up with some hard facts. Lets see if they do or don't.
The Author wrote the book, "The end of men". It's actually a book claiming that women have won the gender war and are now ahead of men. Hmm, maybe I picked an article that might make me look like a fool. Ok, yeah, I know, I don't need any article to do that!.
But is this actually true? “There’s a real perception—even women share it—that courts are unfair to fathers,” says Ira Ellman, a custody expert at Arizona State University. But in fact the great revolution in family court over the past 40 years or so has been the movement away from the presumption that mothers should be the main, or even sole, caretakers for their children. Individual cases like Patric’s may raise novel legal issues, but on the whole, courts are fair to men, particularly men who can afford a decent lawyer.
So you need a decent lawyer if you're a man. Does the woman need one too, or are you implying that the system is set up to favor the woman and the man needs a decent lawyer to overcome it?
**For the record, this is directly contradicted by the only study that the article quotes, where the legal representation went from 80% to 69% and the number of shared custody outcomes increased. IOW, you get a lawyer, she then gets one and then it favors the woman. If you both don't use a lawyer, you're more likely to get more visitation rights if you're the father.
There has been a great revolution in the last 40 years. Ok, lets see some data...
Pretty rapidly, Naomi Cahn and June Carbone explain in their new book, Marriage Markets: How Inequality Is Remaking the American Family, the rules became more “gender neutral.”
*end of source trail. Author expects reader to by a $19 book and read it.
And the vast majority of states moved toward an assumption of joint custody. In 2000, for example, a new law in Wisconsin directed courts to maximize the time children spent with both parents.
* No sources at all.
According to one of the most thorough surveys of child custody outcomes, which looked at Wisconsin between 1996 and 2007, the percentage of divorce cases in which the mother got sole custody dropped from 60.4 to 45.7 percent while the percentage of equal shared custody cases, in just that decade, doubled from 15.8 to 30.5. And a recent survey by the American Academy of Matrimonial Lawyers shows a rapid increase in mothers paying child support.
Claimed it was the one of the most thorough surveys in child custody outcomes. Just from one State. That itself is a problem because there is so much state to state variation, but lets look further into the claim. The article did link the study so I went to that.
*The second claim was sourced to a Reuters article that noted a survey of lawyers indicated that 56% of them noticed an increase in mothers paying child support. No sources, no data on the number of women actually in a position to pay child support but we can derive that from the data below. Since the vast majority of custody cases go to women, the number of women paying child support can only be views as a percentage change as it is not possible to have vast numbers of women paying child support when they are the ones with custody. While they named who did the survey, the AAML has literally hundreds of articles that one would need to look through to find the data they are referring to. This is ridiculous and just plain lazy reporting.
The article states that currently, women get sole custody in 45.7% of cases. Then goes on to claim that in just ten years, the number of joint custody cases doubled to 30%
That sounds awesome, till you actually understand what that means.
Ten years ago, mothers had sole custody in 60% of cases and equal shared custody was 15%.
They don't specify the rest. You have to dig into the statistics yourself.
Primary mother: 11%
Primary father: 1.3%
Sole father: 7.5%
So ten years ago, women got pretty much full custody in about 71% of cases, equal custody in 15% of cases.
Fathers got pretty much full custody in 8.8% of cases and obviously 15% equal.
That's pretty skewed. Lets see how it improved.
Ten years later, it becomes pretty much full custody in 59% for the mother (46% sole custody), equal custody at 30%
for men, pretty much full custody is 8.9%, equal custody is 30%
While it has improved, I doubt anyone can say that it is a massive thing to write home about.
But wait, that was only for divorce cases. Fathers are legally held liable for children out of wedlock so what are the figures here?
These are actual adjudicated paternity cases so the fathers wanted to share in the upbringing of the child.
Women sole custody: 97% vs men 1.3%, the balance is equally shared (0.9%) and 0.1% primary mother.
Yep, that's pretty bad. Lets see the dramatic improvement ten years later.
Women sole custody: 91% vs 2% for men. A slight drop in women and a slight increase in men, overall, a serious miss-balance still.
Primary mother: 2%, so about 93% awarded to women, vs 2.1% for men.
The main difference is that now, 4.5% of men get shared custody. Considering men are fully responsible for the child support, want to be a parent, that is still a huge mess.
The article then went off on a tangent:
The marriage ended when the father told the mother that he was having an affair with a colleague. In another era, the mother would have gotten sole custody of the children and alimony, but not much child support. Now, “the mother’s ability to retain custody depends on her willingness to support the father’s involvement,” Cahn and Carbone write. In this case, the mother accused the father of abuse and neglect. When the investigators could not confirm the charges, the court awarded the father 50 percent custody and made the mother’s custody contingent on her working to repair the relationship with the father.
Not sure what to do with that. The link to the article failed and it's pretty much one case that seems to have gone about right.
So was the article fair and balanced?
The articles sources show that fathers get a raw deal in divorce cases (59% vs 9%), but, in paternity cases outside of wedlock, the fathers virtually have a consistent fail: (93% vs 2%)
The title said: "The perception that family law is unfair to fathers is not exactly true"
Not sure how 59% vs 9% of divorces, favoring women and 93% vs 2% favoring women in paternity cases shows that the above statement is not exactly true. I call it a flat out load of shit.
So there you go. That's what I do when I read articles now.