Showing posts with label Fathers. Show all posts
Showing posts with label Fathers. Show all posts

6.10.2013

How to Stop Human Trafficking: Expert’s Answer Hits Close to Home


By guest blogger Elizabeth Oklevitch, Regent University Law School, Candidate for J.D., 2014.

I recently watched the documentary, Not My Life. Depicting the human tragedy and human depravity that is human trafficking, the film exposed real instances of sex trafficking, exploitive child labor, use of child soldiers, and other atrocities that make me grieve for the human race and wonder why God puts up with us. You can get a taste of the film by watching the trailer, and if you get the chance, it would be worth your time to watch the entire documentary.

 

I’ve seen several documentaries and read numerous articles on human trafficking. Not much surprises me anymore. But one interview in this film did. They interviewed a young, European trafficker in prison. The glimmer in his eye, the playfulness. He took delight in telling the world that specific women probably still had nightmares of the way he punched, raped, and sold them. The crimes were a game to him at the time. He didn’t need money; he traded in prostituted women for adventure. The crimes were a game to him now, as his smiling eyes evidenced.  I’m not accustomed to that kind of evil so close to the surface of a human face.

The interview with that trafficker was doubtless one of the factors that prompted a key question from the audience, a question which elicited a striking response. Robert Bilheimer, the director of Not my Life, and Eric Peasah, a Ghanaian on the front lines of anti-trafficking efforts and founder of Right to be Free, were present at the film screening to answer questions. One woman voiced an obvious, nagging question. She noted that the problem seems largely to be violence by men against women and girls and then asked how we can go about changing cultural attitudes, and how we can stop the abuse. Mr. Peasah’s answer: Fathers. He told how over the course of his work on several continents he had observed a trend: those most vulnerable to trafficking lack fathers.

“Fathers,” is not your typical answer to “How do we stop trafficking?” But I don’t think it’s a bad one, at least not a bad start. Going back to our young trafficker, I don’t know anything of his family history, except that he was “well off.” However, I find it difficult to imagine a person who had grown up watching his father model honor, respect, and deference toward his mother treating women the way the young trafficker did, without a hint of shame or remorse.

As to vulnerability, Mr. Peasah’s answer was drawn from experience. He has rescued numerous young boys who were forced to perform arduous, life-threatening work for African fishermen. As the documentary revealed, many of these boys were essentially sold to the fishermen by their mothers – well-intentioned mothers, struggling to feed their children and deceived by false promises of “businessmen” who turned out to be traffickers. All through the film, I kept wondering, where are the dads? Why is mom making all the critical decisions, and why is she alone saddled with the responsibility of feeding her children? I realize these are huge, culturally and situationally sensitive questions, and I’m not attempting to answer them, but merely to point out that we need to be asking them. Mr. Peasah’s answer, based on years of observation, drives one point home: dads are important. When it comes to protecting children, two are better than one. The boys, who, frequently unprotected by fathers, are sent off to work for strangers before they turn ten, often turn around (if they survive long enough) and purchase boys themselves when they are able. It’s not coincidental that the exploited are often fatherless.  Neither is it coincidental that in a world where men are not faithful to the women in their family, they and their sons are not respectful of women outside their family.

As Mr. Peasah highlighted, fathers have the potential for huge positive impact. By setting an example of honor and respect, each dad can play a role in fighting the cultural attitudes that allow human trafficking to flourish. The example doesn’t have to be perfect to be counter-cultural, to go against the self-serving mentality that others are to be used, to undercut the arrogant sense of entitlement that feeds the “demand” side of trafficking, and to avert the vulnerability that stocks the “supply.” With Father’s Day approaching, let’s remember and encourage the dads in our lives who have the power to impact culture.
 

For those in the Virginia Beach area, here are two great events celebrating fathers this week: 

Norfolk Family & Fatherhood Forum, Wednesday, June 12, 2012 (FREE Event)

Who:          Leaders and stakeholders in the areas of government, business, education, media, faith & community based organizations
What:         Forum will feature experts in the field of fatherhood and release data from a Norfolk Family & Fatherhood Report
When:       Wednesday, June 12,2013 from 11:30-3:00pm 
Where:      Murray Center, 455 E. Brambelton Avenue, Norfolk, Virginia 23510

 Norfolk Date With Dad Dinner & Dance, Saturday, June 15, 2013

Who:        Fathers, grandfathers, uncles, big brother, father figures, daughters, girls and ladies of all ages
What:       Dancing, Food, Fun, Games, Comedy, Photos and much more
When:      Saturday, June 15, 2013 from 5:00pm-9:00pm 
Where:    Norfolk State University, Scott-Dozier Dining Hall, 700 Park Avenue, Norfolk,  Virginia 23504

3.11.2013

Rethinking Mom and Dad toward Family Restoration

An upcoming Conference on Adoption Law at the Capital Law School's Wells Conference Symposium in Columbus, OH, will feature a host of subjects on "Rethinking the Best Interest of the Child."  My (somewhat) controversial presentation is entitled "Rethinking Mom and Dad," and discusses the notion that children need both a mother and a father.
In fact, this is such a significant event that Regent University has allowed me to use this opportunity for student mentoring in leadership.  My graduate assistant, Rachel Toberty, will be joining me at that conference.  This will provide her with a fabulous comparative perspective on child advocacy by another law school from a different perspective and further develop her leadership skills.  She and my graduate assistant, Elizabeth Oklevitch, have done some excellent research to prepare my presentation and article for this event.  You can see more about it below:
naclp new_Preferred Full Color (Program Names) Logo


The 9th Annual Wells Conference on Adoption Law:
"Rethinking Children's Best Interests"
Thursday, March 14, 2013
Capital University Law School
Columbus, Ohio 303 East Broad Street
Columbus, Ohio 43215

Panel One will focus on
"The New Face of Family and Children's Best Interests"



FEATURED PANELISTS


annette appell photo mabry photo kohm photo
mellisa holtzman photo
Annette Appell, Professor of Law and Co-Director of the Civil Justice Clinic, Washington University Law (same sex adoption; birth certificates) 
Cynthia R. Mabry, Professor of Law, Howard University School of Law (Post Adoption Contact and PACAs)
Lynne Marie Kohm,  John Brown McCarty Professor of Family Law, Regent University School of Law (Rethinking mothers and fathers: the inclusiveness of family)
Melissa Holtzman,  Associate Professor, Department of Sociology, Ball State University (the best interests of the child in the context of contested adoption)


6.5 CLE and Social Work Counselor and Social Worker Continuing Education credit hours are requested.
 
For more information and to register, please visit the conference web site at www.law.capital.edu/Wells.
 
For questions about the conference, please contact:
Denise St. Clair
Executive Director
National Center for Adoption Law & Policy
Capital University Law School
dstclair@law.capital.edu
614.236.6593






The introduction to my remarks, listed here below, gives you an idea of how important mom and dad are to family restoration.

Rethinking Mom and Dad
By Lynne Marie Kohm*

            If the players of the National Football League are any indicator of what might be in the best interests of children, some sports experts seem to think that fatherless quarterbacks have more challenges to their NFL success than those who had the benefit of both a father and a mother while growing up.[1]  Robert Griffen, III (also known as RGIII), is a prime example.[2]  In fact, "decades of research have now documented the tremendous challenges children face when they grow up without their fathers,"[3] and indeed father absence[4] and the father wound[5] are serious concerns in America today.[6]  
            In contrast, others argue there is "no conclusive evidence that, absent conditions [of poverty], the pure, pared-down state of single motherhood is itself dangerous to children."[7] A recent survey of current studies on parenting that mitigated family structure variables indicated that "strengths typically associated with married mother-father families appear to the same extent in families with 2 mothers and potentially in those with 2 fathers."[8] That survey of studies concluded that "average differences favor women over men" in parenting, but that "parenting skills are not dichotomous or exclusive" noting that the "gender of parents correlates in novel ways with parenting-child relationships but has minor significance for children's psychological adjustment and social success."[9] A 1999 study contended that successful parenting is not gender specific at all, but that children do not need either a mother or a father, but any gender configuration of adults could parent well,[10] even if still others called this thinking "lunacy,"[11] or "political screed masquerading as science."[12]    
            Constitutionally, parental rights are fundamentally protected,[13] but what parental situation is authentically in the child's best interests? Arguments for genderless parenting suggest that "the gender of parents only matters in ways that don't matter."[14]  In 1987 Supreme Court Justice William Brennan  in Bowens v. Guillard argued, however, that "the optimal situation for the child is to have both an involved mother and an involved father."[15] The New York Court of Appeals in 2006 ruled that     
[T]he Legislature could rationally believe that it is better, other things being equal, for children to grow up with both a mother and a father.  Intuition and experience suggest that a child benefits from having before his or her eyes, every day, living models of what both a man and a woman are like.[16] 

An expert relied on in testimony against California's Proposition 8 (a referendum defining marriage as between one man and one woman passed by a majority of Californians) wrote that both "mothers and fathers play crucial and qualitatively different roles in the socialization of the child."[17]
            Speaking now as a bisexual parent and a child who was raised by two mothers, Professor Robert Lopez asserts that what parents do matters, and that he and other bisexual parents have "no choice but to take responsibility for what we do as parents…. When you are a parent, ethical questions revolve around your children and you put away your self-interest . . . forever."[18]  Journalist and researcher Alana Newman, speaking as a child of sperm donation who was raised without a father at home states "I am the daughter of a sperm donor. For a long time I didn't understand how this had negatively impacted my life... I am convinced that I am not alone in my struggles being donor-conceived."[19]  Doug Manwaring, a homosexual father of two teenage boys recently spoke publicly "of his personal experience as a gay man who came to realize that his own children need both a mother and a father."[20]
            Parents affect children.  Rethinking whether a child needs a mom and a dad is no straightforward task.  Exploring conflicts and issues that arise when determining the best interests of a child in a number of different parental contexts, this article considers rethinking the best interests of a child in having a parent of each gender, namely a father and a mother.  Focusing on child rearing and adoption from many angles such as fatherlessness, same gender parenting, motherlessness, parental incarceration, and children resulting from assisted reproductive technologies, this article discusses whether dual gendered parenting holds more or less weight in a best interest of the child analysis. If it does not matter whether a child has an opportunity to have a relationship with both a father and a mother, why is that the case? And if dual gendered parenting better fosters a child's best interest, why is that so? Can any state law require dual gendered parenting within parental rights and equal protection guidelines? And for that matter, should gender of the parent ever be a relevant consideration in the adoption of a child? This piece will consider state statutory codes defining what is in the best interests of a child, pediatric medicine, social science, constitutional requirements, and federal law and policy in determining if it is truly in a child's best interests to have both a mom and a dad. It will conclude with a discussion of dual gendered parenting imperatives, while offering innovative resolutions to the best interests of children missing one or the other.
            Part I discusses various studies and scenarios of parenting, perspectives on each, and their results on children. It confronts the problem of fatherlessness, the need for mothering, and the significance of a marriage context for children. Part II examines statutory parameters on the best interests of children regarding parental preference in state codes, analyzing these factors and considering whether and how they are directed by pediatric medicine, or evidence from social science. It then compares these facts with federal law on equal protection, and federal family policy. Part III brings all these angles together in a discussion of a child's interests in his or her own parents. It sets forth how the law and the evidence find it imperative that a child have an opportunity to enjoy a relationship with a father and a mother whenever possible, while offering innovative resolutions to provide a father or a mother for a child that has been deprived of one or the other.
            A child's best interests, though required by state family law code, are not always the driving factor in parental decisions. Rethinking the best interests of a child leads to a legal duty that finds it imperative to allow a child every opportunity to have one parent of each gender - a mother and a father - whenever possible.




* John Brown McCarty Professor of Family Law, Regent University School of Law.  My sincere gratitude is expressed to the Capital University Law School Law Review board and staff for hosting the March 2013 Wells Conference on "Rethinking Best Interests," where this article was presented by invitation.
[1] See e.g. Colin Cowherd, Sports and fatherless football players, SI Sports Radio [get correct cite here] (contrasting very successful rookie quarterbacks such as RGIII, Russell Wilson, and Colin Kapernick who were raised with a father (and a mother) with very talented but struggling quarterbacks such as Cam Newton, and Michael Vick, who did not have the benefit of being raised with a father at home.
[2] "It was always mom and dad with us. Robert knew we were both there." (is this exact?) Interview with Robert Griffin, Jr., Dec. 12, 2009,  http://www.zennie62blog.com/2012/12/09/rg3s-dad-talks-raising-robert-griffin-iii-12353/.
[3] Jenet Erickson, Men Don't Matter, Public Discourse, Oct. 26, 2012, at http://www.thepublicdiscourse.com/2012/10/6710/.
[4] See National Fatherhood Initiative, Defining the Issue (2011) at http://www.fatherhood.org/about/about-how-we-do-it (stating that "There are record levels of father absence in America…" with "24 million children liv[ing] in homes absent their biological father" and "1 of 3 children nationally – triple the rate of 1960 – liv[ing] in father-absent homes.")[hereinafter NFI].
[5] See The Father Wound Epidemic, Fathers for Good (2013), at http://www.fathersforgood.org/ffg/en/month/archive/march10.html.  The "father wound" is not yet an officially recognized clinical term, but it is used by mental health professionals in identifying the origin of numerous emotional and behavioral conflicts in spouses, singles, and children. "These difficulties can be the result of failing to have a strong, loving and supportive relationship with a responsible father, or as a result of modeling after and then repeating significant weaknesses of the father such as selfishness, excessive anger, emotionally distant behaviors or indifference to the faith."  Id.  See also Russell Simmons, "Knock Knock," PhatPraise, at http://www.youtube.com/watch?v=8E0DMcZ23kE.
[6] NFI, supra note 4.
[7] Katie Rophie, In Defense of Single Motherhood," New York Times, Aug. 11, 2012, at http://www.nytimes.com/2012/08/12/opinion/sunday/in-defense-of-single-motherhood.html?pagewanted=all&_r=0.
[8] Timothy J. Biblarz and Judith Stacey, How Does the Gender of Parents Matter? 72 J. Marriage & Fam. 3 (Feb. 2010).
[9] Id. summarizing the findings.
[10] L. B. Silverstein & C. F. Auerbach, Deconstructing the Essential Father, 54 Am. Psychologist 397 (1999).
[11] Wade Horn, Lunacy 101: Questioning the Need for Fathers, All about families newsletter, Jul. 21, 1999, at 4, available at www.allaboutfamilies.org. Mr. Horn was the Secretary for Children and Families at the Department of Health and Human Services in 2001-2007.  See Wade Horn Ran Welfare for George W. Bush, Washington Post, Feb. 26, 2012, at http://www.washingtonpost.com/blogs/wonkblog/wp/2013/02/26/wade-horn-ran-welfare-for-george-w-bush-heres-how-hed-handle-the-sequester/.
[12] Jeff Jacoby, Attack on fatherhood a political screed masquerading as science, Boston Globe, Jul. 26, 1999, at A15, also available at http://www.highbeam.com/doc/1P2-8566262.html.
[13] Meyer v. Nebraska, 262 U.S. 390 (1923); Pierce v. Society of Sisters, 268 U.S. 510 (1925)(both holding that parents have an inalienable right to direct the upbringing of their children).
[14] Erickson, supra note 3, citing a "top-tier family science publication" – find this and cite it correctly directly from that source.
[15] Bowen v. Gilliard, 483 U.S. 587, 614 (1987, Brennan, J. dissenting).
[16] Hernandez v. Robles, 855 N.E. 2d 1 (2006, J. Robert Smith).
[17] Michael E. Lamb, Fathers: Forgotten Contributors to Child Development, 18 Human Dev. 245, 246 (1975).  Dr. Lamb testified in favor of same-sex couples in Perry v. Schwarzenegger, 704 F. Supp. 2d 921 (N.D. Cal. 2010), trial transcript at 1064, 1068.
[18] Robert Oscar Lopez, "Growing Up with two Moms: the Untold Children's View, Public Discourse, Aug. 12, 2012, at http://www.thepublicdiscourse.com/2012/08/6065/.  Apparently, Professor Lopez had to explain his position.  See Karen Ocamb, Bisexual CSUN Prof Robert Oscar Lopez Explains Support for Regnerus Study, LGBTpov.com, Aug. 19, 2012, also available at http://lgbtpov.frontiersla.com/2012/08/19/bisexual-csun-prof-robert-oscar-lopez-explains-support-for-regnerus-study/, where Lopez does so in a way that breaks through myriad sexual, political, and multicultural lines.
[19] Alana S. Newman, Gay Marriage and the Test-Tube Tidal Wave, First Things, Aug. 2, 2012, at http://www.firstthings.com/onthesquare/2012/08/gay-marriage-and-the-test-tube-tidal-wave.
[20] Napp Nazworth, Kids Need Both Mom and Dad, Says Gay Man Opposed to Gay Marriage, CP Politics, Jan. 28, 2013, at http://www.christianpost.com/news/kids-need-both-mom-and-dad-says-gay-man-opposed-to-gay-marriage-89018/#RF0rHvKbI3Mk7EXR.99.  Doug Manwaring is "now living with his ex-wife so they can co-parent their two teenaged sons."  Id

3.01.2011

Fathers are Needed for Family Restoration

Children growing up without a loving father in their home have, sadly, the greatest likelihood of juvenile delinquency and difficulties in the transition to adulthood.





"Have You Seen My Daddy?" by Sammy Ayer, Regent University School of Law 2011 Juris Doctor Candidate, and Honors Graduate from Christopher Newport University (2008) has written a comprehensive review of this dilemma in the context of Virginia's Putative Father Statute. He writes:
"Imagine waking up and anxiously awaiting a phone call that you know will change your life forever. You know you are about to be a proud father, so you are frantically sitting by the phone and waiting for it to ring, but the phone never makes a sound. You then decide to call your significant other to see what’s going on, but her cellular phone is off. You get out of bed, brush your teeth, and rush to the hospital for the moment you have waited nearly a year for. When you finally arrive at the hospital, full of emotions, you are told by administration that no such baby and no such mother are currently there. You spend the next several days searching for your child, but can’t track down her or her mother. When you finally discover the whereabouts of your first born child, it is too late, because she has been adopted by a family on the other side of the country, and you are told that your paternal rights have been terminated, and someone else now has custody of your child. Sadly, this is exactly what happened to John Wyatt in February of 2009. [1]"
Ayer's article examines whether Virginia's putative father statutes violate a father's constitutional rights when all of his parental rights are terminiated by waiving his right to an adoption proceeding without his consent with the use of a ten-day letter as the code allows, and even requires. Section I discusses the relevant background information for putative father statutes, and it will discuss the recent case history of this dilemma. Section II examines and analyzes the statutes, statistics, and cases pertaining to putative father statute. Section III then presents and discusses some possible solutions to the problems that currently exist with putative father statutes, and it recommends that we create a national putative father registry.

Read the entire article here.



[1] The baby he’s never met, Va. Father fights for child his girlfriend sent to Utah for adoption, Jerry Markon, The Washington Post, April 14, 2010.