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	<title>Comments on: A Biological Father Needs To Fight For Custody When the Mother Is Dead?</title>
	<atom:link href="http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/feed/" rel="self" type="application/rss+xml" />
	<link>http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/</link>
	<description>Men&#039;s Rights Activism, MRA Politics, Analysis, Commentary and Global News</description>
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		<title>By: wls1</title>
		<link>http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/comment-page-1/#comment-39242</link>
		<dc:creator>wls1</dc:creator>
		<pubDate>Mon, 30 Apr 2007 00:51:50 +0000</pubDate>
		<guid isPermaLink="false">http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/#comment-39242</guid>
		<description>Regarding an out-of-the-picture mother things have definitely improved, but the legal process is still a clumsy patchwork of case law, and not eveyone has gotten the message: old habits die hard.

When the parents agree to joint custody they are also more likely to coparent significantly now, which is more a consequence of improved societal attitudes than of legal innovation or reform.

However, if an unscupulous mother wants to nix joint custody she usually can, and in at least some states is gaining in the extent to which the law assists her designs.

Although one can still find, e.g., teachers and pediatricians who will condescend to all fathers, it&#039;s mostly accepted now that fathers can be fully competent parents; but if he&#039;s forced to go up against the mother, she&#039;s given the stronger, upper hand.

The idea that family law was juster or more rigorous in some mythic past is wrong: an inversion of the actual history.   The reforms we seek now will be a first, if we ever get there.</description>
		<content:encoded><![CDATA[<p>Regarding an out-of-the-picture mother things have definitely improved, but the legal process is still a clumsy patchwork of case law, and not eveyone has gotten the message: old habits die hard.</p>
<p>When the parents agree to joint custody they are also more likely to coparent significantly now, which is more a consequence of improved societal attitudes than of legal innovation or reform.</p>
<p>However, if an unscupulous mother wants to nix joint custody she usually can, and in at least some states is gaining in the extent to which the law assists her designs.</p>
<p>Although one can still find, e.g., teachers and pediatricians who will condescend to all fathers, it&#8217;s mostly accepted now that fathers can be fully competent parents; but if he&#8217;s forced to go up against the mother, she&#8217;s given the stronger, upper hand.</p>
<p>The idea that family law was juster or more rigorous in some mythic past is wrong: an inversion of the actual history.   The reforms we seek now will be a first, if we ever get there.</p>
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		<title>By: Rinaldo Del Gallo, III</title>
		<link>http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/comment-page-1/#comment-39236</link>
		<dc:creator>Rinaldo Del Gallo, III</dc:creator>
		<pubDate>Sun, 29 Apr 2007 23:56:10 +0000</pubDate>
		<guid isPermaLink="false">http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/#comment-39236</guid>
		<description>I appreciate all your comments.  There is no doubt about it, a father usually wins against a dead spouse.  But the fact that there is uncertainty at all demonstrates how deteriorated things have become.  Unless the man was plainly an unfit father, the state of the law should be such that the maternal grandmother should thought her lawsuit was frivolous.</description>
		<content:encoded><![CDATA[<p>I appreciate all your comments.  There is no doubt about it, a father usually wins against a dead spouse.  But the fact that there is uncertainty at all demonstrates how deteriorated things have become.  Unless the man was plainly an unfit father, the state of the law should be such that the maternal grandmother should thought her lawsuit was frivolous.</p>
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		<title>By: TheManOnTheStreet</title>
		<link>http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/comment-page-1/#comment-39175</link>
		<dc:creator>TheManOnTheStreet</dc:creator>
		<pubDate>Sun, 29 Apr 2007 13:53:31 +0000</pubDate>
		<guid isPermaLink="false">http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/#comment-39175</guid>
		<description>Money.

She doesn&#039;t give a rats ass about the kid.  She wants to be in control of the money.  And in all honest, I think the father may have somewhat a sweet tooth for the money as well.

Sad.

TMOTS</description>
		<content:encoded><![CDATA[<p>Money.</p>
<p>She doesn&#8217;t give a rats ass about the kid.  She wants to be in control of the money.  And in all honest, I think the father may have somewhat a sweet tooth for the money as well.</p>
<p>Sad.</p>
<p>TMOTS</p>
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		<title>By: wls1</title>
		<link>http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/comment-page-1/#comment-39166</link>
		<dc:creator>wls1</dc:creator>
		<pubDate>Sun, 29 Apr 2007 11:13:48 +0000</pubDate>
		<guid isPermaLink="false">http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/#comment-39166</guid>
		<description>In actual fact, that fathers can now usually get custody in most US states over a grandmother, aunt, or foster mother, as has been the historically and precedently established custom, when the mother is dead, incarcerated or otherwise institutionalized, is the one bright spot in or accomplishment of the fathers&#039; rights movement over the last two decades or so.

The Census Bureau observed it, and the IRS `discovered&#039; it in the course of its data mining looking for tax fraud: at first it was suspicious when it saw steadily increasing numbers of single men claiming child dependents and credits, etc.

That fathers do often have to unnecessarily fight to establish paternity and gain custody reflects the inertial lag in the legal system in coming into line with reality, and such nonsense as the persistence of the archaic husband-as-putative-father rule.   It is time for the legislatures to act and put an end to the bullogna that the lawyers and judges continue to grind out.

Of course if the mother isn&#039;t dead or materially unavailable, and elects to reject coparenting, a father still has no practical chance of being a parent to his children in any real sense.

The proper response to the spurious but frequently disingenuously raised claim that a child&#039;s rights stand in a reciprocal or zero-sum relation to his parent&#039;s rights, is to note that while children certainly have rights in a colloquial sense, and have moral rights, they have _no_ legal rights because they don&#039;t have _standing_ to petition, file motions, etc., in court.   The issue thus always devolves into: who speaks for the child, the parents or someone else?   Those who shout that respecting children&#039;s rights means restricting parents,&#039; are in effect answering that it should be a judge.</description>
		<content:encoded><![CDATA[<p>In actual fact, that fathers can now usually get custody in most US states over a grandmother, aunt, or foster mother, as has been the historically and precedently established custom, when the mother is dead, incarcerated or otherwise institutionalized, is the one bright spot in or accomplishment of the fathers&#8217; rights movement over the last two decades or so.</p>
<p>The Census Bureau observed it, and the IRS `discovered&#8217; it in the course of its data mining looking for tax fraud: at first it was suspicious when it saw steadily increasing numbers of single men claiming child dependents and credits, etc.</p>
<p>That fathers do often have to unnecessarily fight to establish paternity and gain custody reflects the inertial lag in the legal system in coming into line with reality, and such nonsense as the persistence of the archaic husband-as-putative-father rule.   It is time for the legislatures to act and put an end to the bullogna that the lawyers and judges continue to grind out.</p>
<p>Of course if the mother isn&#8217;t dead or materially unavailable, and elects to reject coparenting, a father still has no practical chance of being a parent to his children in any real sense.</p>
<p>The proper response to the spurious but frequently disingenuously raised claim that a child&#8217;s rights stand in a reciprocal or zero-sum relation to his parent&#8217;s rights, is to note that while children certainly have rights in a colloquial sense, and have moral rights, they have _no_ legal rights because they don&#8217;t have _standing_ to petition, file motions, etc., in court.   The issue thus always devolves into: who speaks for the child, the parents or someone else?   Those who shout that respecting children&#8217;s rights means restricting parents,&#8217; are in effect answering that it should be a judge.</p>
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		<title>By: Rinaldo Del Gallo, III</title>
		<link>http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/comment-page-1/#comment-39160</link>
		<dc:creator>Rinaldo Del Gallo, III</dc:creator>
		<pubDate>Sun, 29 Apr 2007 06:33:41 +0000</pubDate>
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		<description>Thank you!</description>
		<content:encoded><![CDATA[<p>Thank you!</p>
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		<title>By: amfortas</title>
		<link>http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/comment-page-1/#comment-39156</link>
		<dc:creator>amfortas</dc:creator>
		<pubDate>Sun, 29 Apr 2007 05:53:22 +0000</pubDate>
		<guid isPermaLink="false">http://mensnewsdaily.com/2007/04/28/a-biological-father-needs-to-fight-for-custody-when-the-mother-is-dead/#comment-39156</guid>
		<description>Nice one, Rinaldo.</description>
		<content:encoded><![CDATA[<p>Nice one, Rinaldo.</p>
]]></content:encoded>
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