Tuesday, February 17, 2009

Black Fathers and the Family Court

From RandiJames.com:

Tuesday

Black Fathers and the Family Court

“The court has the mentality that if a Black father is interested in his child, even if he has shown no interest previously, that it is such a unique situation that the mother must be wrongfully interfering,” said Davis.I found this quote in an article about the Marion County, Indiana family court system, posted on Indiana Mothers for Custodial Justice.

I take special notice of this statement and how the White Patriarchal establishment uses the Black family as an example of what is dysfunctional in society, in order to maintain White male hegemony. And this affects the thinking of everyone operating under this context.

For example, a recent weekend airing (during this lovely month of Black History) on MSNBC was a documentary entitled, A Father's Promise (thank you Professor Tracey for informing us). Jana Lerner, associate producer for this documentary, had a forum on Newsvine in which she wanted to hear people's opinions on the show. I damn sure gave her mine though somehow how I doubt they really wanted to hear what we thought.

I said:

"Fatherlessness" is not an "epidemic." Nor does it deserve a cure so simple as injecting the Black man back into the family life. Patriarchal views teach us that there is only one functional family structure, so kids growing up thinking that their families are pathological:"You ain't got no daddy?"

"You ain't gon' be @!$%#, just like yo' daddy!"

You keep telling a child that and it insults the child's self-esteem. The child begins to believe that something is wrong...creating a problem where one may not have existed.

What's wrong with changing the thinking to help children appreciate what they do have and give existing families what they need to rise above the adversity? Why can't we stop putting children down because of the apparent deficiencies of their parents? Having NO father isn't the worst thing in the world...In fact, it is much better than having a drug-dealing father, a physically abusive father, an emotionally abusive or emotionally absent father, an inconsistent father, a self-absorbed father, a father that is draining the families resources rather than contributing to them...ANY father won't do.

You cannot force anyone to be a father. But you can understand the the issue is really poverty, and that can be alleviated by having a better educational system, and alleviating barriers to employment.

Children need stability, emotional support, and economic resources. Fathers may or may not be able to provide these things. Those who can will, and those who haven't and those who won't, don't.

Women need to be more discerning in the relationships with children...and perhaps children should not be brought into this world unless families--whatever structure--can fully provide for them.Responsible fatherhood initiatives is a corrupt industry whose focus is to eliminate child support obligations by the unrelenting support of 50-50 custody.This focus on fatherhood and targeting the Black community serves us no justice and it is a completely disgusting.

And in response to someone saying this:

It is time that the Black American categorically rebuke feminism and Welfare.

I had to say this:

I seriously disagree with this and yet it doesn't surprise me that someone would state this. Feminism, by way of Womanism, is what has allowed the Black family to continue to press forward in spite of the hardest times. How dare someone declare that Blacks should rebuke it-- giving connotations that it were evil. It is at the point in which Black men embrace Womanism that they will rise above those things that White society casts as a burden.

And in response to this:

America scared to report or have a show about what black women do. To keep father away.

I felt forced to say this:

What in the heck? Have you any knowledge of Black history? What an insult.

And in response to this:

One thing that stuck out for me, was the piece about not knowing what a father "looks" like. I ran a parenting group and asked these young men what a good father "looked" like. They came up with the standard descriptions, but not one of them could tell me what it took to reach that goal.

I felt the need to say this:

Sad, indeed. But do they know what contraception looks like? How to use it? The results of sex? I'm not insulting you, please forgive me if you think that's my intention. It is just hard for me to grasp that as anything other than an excuse. Do they know what a father does NOT look like? The conversation should begin there (well, after the sex stuff).

And when this was said:

A father is the person that protects his household...he's the person that checks over every guy that dates his daughter and the person of the house that collars his misbehaving son and gets in his face about anything thats going wrong...these homes have lost their protector!!!!!

I definitely was compelled to say this:

This is a very stereotypical assertion. It does no one any justice. Gender-role nonsense.

You can go back and read the entire board at the link I provided above so that you can see everything in context. I can give you a summary of the types of commentors: single mothers, divorced dads, second wives/girlfriend supporters/family supporters, and adults that were products of fatherless homes. So, as you can gather there was some of the same ol same "arguments" about why [Black] men weren't/aren't a part of their childrens' lives. Everyone has someone else to blame, especially the men.

1. Plenty of White folk jumped in the conversation, wanting their spot to complain about how fathers worldwide are getting fucked in the family court system by their vindictive exes.

2. Plenty of Black men wanted to talk about how the system is keeping them down so that they can't succeed in life overall.

3. And plenty of Black men and women spoke about how babymamas erect an impenetrable boundary that keeps Black men away from their children.

Understand that the most important thing in this conversation was #1.

And where do successful Black women speak for the same?

Now, going back to the quote about Marion County, I have observed that statement to be 100% true. It makes me feel like these White judges don't give a damn about Black children's needs...outside of the need for a father. In other words, A father is the primary need for Black children.

I ask you, if a Black child is homeless and/or hungry, will a father cure him/her? If a father is a criminal or is so self-absorbed to be [virtually] non-existent, will he cure his child of the major problems that ail him/her?Only a fool would believe that the answer is so simple as father-injection. Ooh, I think I've coined a new term:

Father injection.

The solutions for Black families lie in Black communities. White society continues to try to profiteer off of our "problems," all the while not creating any solutions, but rather, creating more problems. I have seen White men trying to actively recruit Black men into this parental alienation scam. I have seen White men try to align their parental alienation cause with the likes of the Civil Rights Movement. This is shameful.

Black people, beware!

I'm not trying to further the racial divide...I just want to create awareness. And understand this is difficult to do in spite of feeling the urge to protect Blacks as a community while simultaneously insisting upon individual personal responsibility. For too long have we Black women sat silent while our needs have been trampled upon...our children's needs...I can't sit back and watch it continue.

From the Institute on Domestic Violence in the African American Community (emphasis mine):

Fathers contribute to the well-being of their children and female partners when relationships are healthy and loving. Yet research indicates that in high conflict relationships when fathers are abusive to their female partners and/or their children, victims suffer short-term and long-term physical, emotional, financial, and spiritual affects of the abuse. Even during separation and divorce, abusive fathers may still have contact with their former partners and children because the courts, mother, or children choose it. What should our helping systems consider in order to protect and support women and children when domestic violence occurs? What can be done to encourage healthy, non-abusive behavior among fathers with a history of violence and abuse?

Black women are last on the totem pole. Browse the stats on the IDVACC website.

Black people pay attention.

Our children will continue to suffer. And I will not pretend that President Obama is going to be our savior because he has internalized the same beliefs held by White majority...those same beliefs offer more disaster and little relief.

You wouldn't hire a mortician to save your life. You wouldn't ask a sumo wrestler to play pro-ball. What makes you think that anyone will do? Any father isn't good enough...and I'm sick of the patriarchal court systems "coming to the rescue"...acting as if they are doing us a damn favor by legislating Black families!!!

Monday, February 16, 2009

Indianapolis Mom's Attorney: I Have Never Seen the Level of Incompetence Displayed in the Family Law Cases of Marion County

Part 2 of Tracie Nelson's NIGHTMARE from the MARION SUPERIOR COURTS, from The Indianapolis Recorder:

A mother's journey for justice
By BRANDON A. PERRY, Part 2 of 3
Published: Thursday, February 12, 2009 11:56 AM CST

Indianapolis mother Tracie Nelson has faced several obstacles in her effort to regain custody of her daughter since August of 2007. That year a custody struggle began between Nelson and her ex-boyfriend over guardianship of their daughter Kay (this is not her real name; the Recorder does not publish the names of minors involved in court cases). The custody case was assigned to the paternity court of Judge Alicia Gooden. Nelson said she lost custody of Kay in Gooden’s court due to conflict of interest. Kim Bacon, the father’s attorney is a pro tempore judge in Gooden’s court, and Nelson alleges Bacon is the girlfriend of the father’s best friend.

“We never stood a chance in getting the help we need,” Nelson said. She filed a complaint against Bacon with the Indianapolis Bar Association, and against Gooden and two other judges with the Indiana Commission on Judicial Qualifications, which investigates complaints against state and local judges.

Adrienne Meiring, a staff attorney and spokeswoman for the commission, confirmed that a case like Nelson’s complaint is under review, but it cannot be discussed publicly. “Admission and Discipline Rule 25 prevents us from discussing a case before formal charges are made against someone, unless there is a threat against an individual or the public,” said Meiring. “Until a complaint is verified or dismissed the details and course of investigation are confidential.” At Recorder press time Gooden had not responded to an attempt to reach her for comment. Bacon has stated that neither she nor Kay’s father will comment on the case.

Nelson’s attorney, Dana Childress-Jones, successfully filed a request for change of venue (or change of judge) and the custody dispute was transferred to the civil court of Judge Gary Miller in the fall of 2007. Nelson said Miller appeared to be fair, granting her request to appoint a Guardian Ad Litem (impartial child advocate) for Kay. After a March, 2008 meeting with Gooden, however, Miller changed course and made rulings throughout 2008 that upheld the custody rights of Kay’s father, dismissed a child in need of services (CHINS) investigation on the father, held Nelson in contempt of court and suspended her visits with Kay (although in August he did authorize paid supervised visits).

Miller’s rulings against Nelson occurred despite police and Child Protective Services’ (CPS) investigations against the father for abuse, as well as a document filed with the court that included the statements of a forensic investigator, and Jim Dalton, a local psychologist hired by CPS, who supported the validity of Kay’s detailed claim of being touched by her father.“It’s like no one is looking out for the best interest of my baby,” said Nelson. Miller’s term as a county judge expired at the end of December, and he was unavailable for comment.

Since Nelson went public with her case, several parents have expressed similar frustrations with select judges and attorneys. One of them, Tamara Davis (not real name), has spent nearly $30,000 in legal fees to keep custody of her daughter from an ex-husband who has not yet received court ordered treatment for alcoholism. “The Marion County Court system is a disaster and I also think it is biased against Black mothers,” Davis said. “I’m in the process of preparing for a custody fight with a man that the same court will only allow to have supervised visits with my daughter once a month. It doesn’t make sense.” Davis said the court has allowed her ex-husband’s attorney to lie for clients and use contempt proceedings to extort money from mothers in custody cases. “The court has the mentality that if a Black father is interested in his child, even if he has shown no interest previously, that it is such a unique situation that the mother must be wrongfully interfering,” said Davis. “I am a licensed attorney, and I have never seen the level of incompetence displayed in the family law cases of this county. These things don’t happen in other counties.”

Meiring said complaints about judges filed with the commission are definitely not uncommon.“We generally receive in the neighborhood of at least 300 complaints each year,” Meiring said.If a complaint is upheld, the offense will be reviewd by a court that will decide what kind of action should be taken, from a simple censure to the suspension of a law license.“We get different complaints, but they are usually from people who are simply unhappy with the judge’s ruling,” said Meiring. “Most of these complaints are dismissed because there is lack of substantiation that the judge acted in a prejudicial manner.”

In part 3: Nelson, Kay and the child welfare system.