There is a problem here and it is this - I am quite knowledgable about British Children and Families law both public (adoption etc) and private (custody and visitation). I am not familiar at all with US law. So all this is in the context of the law I am familiar with.carnex said:- On the first post, I reworded it, changed it quite a bit. Although I still believe that father should know that he is father it's counter productive towards child's and mother's safety in certain circumstances so I changed my mind. Simple as that. If your comment still stands with my new opinion, I would say that then mother would have to have same obligation.
- My point of the second part was for mother not to be legally allowed to disown the child without first informing and offering custody to father. Unfit fathers excluded from that right. It's not adoption process I make a point about, but obligation of informing and offering custody.
- Sources for that statement. And I do mean only validated statistical and/or research data. Anything I found stated that joint custody, unless there is domestic/partner (I don't know how else to label relationship between mother an father that do not live together and do not spend significant portion of time together) abuse/violence within that relationship is vastly superior environment for children to single parenthood.
- OK, nod discussion there than.
- My point was more "why the fuck is it all on the Mother to go hunting down the guy?" I would have to ponder more if I think it should be a law but of course I think that it is morally right to inform somebody they are a parent (generally speaking).
- "Disowning" is not a term I am familiar with when it comes to family law so I just assumed you meant putting a child up for adoption. If you mean abandoning a child, well that's illegal anyway so I am not sure that making it extra illegal would help. Also in British law a resident parent can't simply offer somebody "custody" it all depends on the circumstances.
- I don't have any internet sources about joint custody but I will try and get back to you with some books (maybe you could Google the reviews?) Some of the reasons it doesn't work are fairly obvious so I will state those and you can consider what I said. Joint custody works if both partners and the child want it, both partners are comfortable financially or at least have similar financial circumstances, the arrangement is amicable and both parents had similar roles within the family before the split (ie both worked similar hours, both didn't work at all). Otherwise it turns into a fucking mess fairly rapidly (hopefully I don't need to explain why).
Joint custody is fab if that's what works (which is rare) but so is sole custody if that's what works. In British law it's about what's best for the child, what's fair for the parents doesn't come into it and why should it? In the UK preference is given to the primary care giver in order to provide stability and continuity, of course that's not the case if the reason for the split is that the primary care giver has started shooting up or something.
There are two issues here- there is what's morally right and what can be realistically enforced legally.
I would condemn any parent that didn't allow the other parent to see their child out of spite. Do I think that we should start locking up/fining these parents? Well no that would impact on the child.
I would also condemn any parent that wanted nothing to do with a child that they didn't live with. Should we started forcing contact with the threat of jail? Well no because that would negatively impact on the child.
The welfare of the child is missing from most of your arguments, you seem far more concerned wit the rights of the parents which is looking at it the wrong way.
Let me finish by saying this. I would LOVE to see an even gender split in childcare, I would love it if more men got residency because this would reflect the fact that more men were the ones providing most of the care. I don't blame men for this by the way. Most new parents want to ensure financial stability for their kids and it's sad but true that for most families it is easier to achieve this by the woman doing most of the caring. Of course in some relationships the men are arseholes who wont change a nappy or the women are arseholes who insist they know best because boobs, but most of the time it's circumstance or societal pressure that force parents into those roles.
And that's why if you really care about those things you should become a feminist activist.