EVERY other weekend
for the past four and a half years,
I've spent three precious days with
my two adolescent daughters. We play
tennis in summer, ski in winter, travel
when the school schedule allows. But
no matter where we are, we're all
keenly aware of the thin membrane
of secrecy that keeps us from being
as close as we were before their mom
and I divorced.
Like most divorced fathers, I'm
caught in exactly the kind of nightmarish
situation that experts on stress
say to avoid — a great deal of responsibility,
but very little power. I'm the major
source of support for my children;
my financial obligations are set
by the state, and my wages automatically
garnished. (If I lost my job tomorrow,
and couldn't keep up with my payments,
a warrant for my arrest would be
issued within two months.) But my
influence over how my daughters
are being raised is limited, sometimes
by decisions their mother makes
that I have no input into, and sometimes
by their allegiance to her when
she and I are at odds.
In fact, there are times when these
two girls, whom I've loved for a
decade and a half, seem like little
strangers to me. They'll forget
to tell me some detail of their
lives — or downright lie if they
have to — so I won't feel sad that
I've missed something they shared
with their mom, or raise issue over
some decision she's made with which
I might not agree. As a result,
I sometimes come away from visits
or phone calls feeling shaken, saddened
and angry.
My ex and I have been to court
over support issues, and we've been
to court over custody issues, and
the legal battles inevitably trap
our children in the middle and force
them to choose sides. Sadly, this
is exactly what not to do if you
want to foster a loving parent-child
bond. In a study by a child psychologist,
Robert E. Emery, divorcing parents
were assigned — by flip of the coin
— either to mediate or litigate
their custody disputes. Twelve years
later, he found, that in families
that went through mediation, the
noncustodial parent was several
times more likely to have weekly
phone contact with his or her children.
Unfortunately, the system that
our government has set up essentially
forces divorced parents into litigation.
We need to bring children and their
divorced parents, especially fathers,
closer together by revisiting our
reckless support and custody laws,
and the haphazard approach we have
toward enforcing them.
Since 1998, the federal government
has provided matching funds based
on a percentage of money the states
collect in child support — a powerful
financial incentive for states to
mandate and maximize support payments.
As a result, parents are discouraged
from negotiating a settlement: only
17 percent of current support agreements
deviate from state-imposed guidelines,
even though studies show that when
couples set their own support figure,
it's more likely to be paid (and
tends to be higher than the state's
figure).
And the court's involvement doesn't
stop there. If Dad gets a raise,
Mom takes him back to court to get
more money; when Dad suffers a financial
setback, he sues Mom to get his
support decreased. Each time, the
acrimony — and the legal fees —
grow.
But while courts will jail men
who can't meet their support payments,
mothers who interfere with a father's
custodial rights rarely face similar
penalties. Often, the only recourse
for a dad who wants to see his children
more often is to sue, and sue and
sue again.
Some fatherhood advocates argue
that when mothers fail to carry
through on a custody ruling, they
should face fines and imprisonment,
just like fathers do. That's started
to happen: last fall, an Arkansas
court sentenced a woman named Jennifer
Linder to six months in prison for
"willfully and wantonly"
refusing to obey visiting orders
and awarded custody to her former
husband. But sending more mothers
to prison can only result in more
anger, and more confusion and alienation
for the children in question. What
is needed is less court involvement,
not more.
The first step toward fostering
a father and child reunion is to
make private mediation of the parenting
provisions (physical custody, legal
custody and visiting) the standard
procedure. Allowing parents the
chance to negotiate their support
— and possibly give fathers more
of a say in how their support is
spent — will decrease the vitriol,
and let fathers feel more like parents,
not just paychecks.
Second, we need to enact and enforce
sensible penalties for interfering
with visits. Jailing a mother is
no way to solve the dispute; neither
are financial penalties that hurt
her ability to care for the child.
But mediation — perhaps compelled
by the threat of financial penalty
— might be the solution. It's estimated
that one in five children of divorce
has not seen his or her father in
the past year. Without substantial
rethinking of our current support
and custody law, children will continue
to be alienated from their fathers,
and lawyers will remain on hand
to soak up the resulting legal fees.
Just this month, I received a summons
to attend a custody conference at
the Allentown, Pa., courthouse,
and another letter informing me
that an accounting error has left
me short on support payments, and
that my passport may be suspended.
I want to shield my daughters from
these harsh truths. So these are
the secrets I'll be trying to keep
from them as we gather together
for Father's Day.
What secrets will they be keeping
from me?
Stephen Perrine,
the editor in chief of Best Life
magazine, is the author of the forthcoming
"Desperate Husbands."