Topic > Misconceptions about men regarding child support, legal guardianship of children, and the negative effects of parenting differences

IndexAbstractWhat is the extent of paternity fraud and what are they? How are fathers discriminated against in the case of child custody? What disparities are there in child support payments? What can be done to resolve this discrimination? Conclusion Abstract This article identifies the legal challenges fathers face, particularly discrimination by the courts. Fathers face discrimination in child support and custody cases and face the danger of paternity fraud. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay The United States legal system is respected around the world and, domestically, is seen as the greatest supporter of peace and justice; but what happens when such justice is violated through means of prejudice? Carnell Alexander, a man from Michigan, knows this. In the 1980s, an ex-girlfriend of Alexander had a child, and in order for her family to collect welfare, the girlfriend had to provide a name to the father (Russell 2015). Not knowing the identity of her son's father, she wrote down the father's name as Carnell Alexander, which she knew was not true. The state of Michigan then began filing a paternity suit against him. He was arrested and lost his job because of it, and Judge Kathleen McCarthy is now threatening him with prison and forcing him to pay $30,000 in child support for a child who, through DNA testing, has proven not to be his . This is not an isolated incident. In addition to paternity fraud, men are also discriminated against in cases of child custody, child support, domestic violence, sexual assault, prison sentences, and through juror gender bias. This article examines legal discrimination against fathers in U.S. courts in child support and custody cases by exploring the following topics: What is the scope of paternity fraud, and what is it? How are fathers discriminated against in the case of child custody? What disparities are there in child support payments? What can be done to solve this discrimination problem? Although the US legal system claims to strive for equality, rulings in child support, child custody and divorce cases prove otherwise, with the justice system showing bias against fathers, resulting in financial ruin that changes life, unjustified imprisonment, destruction of families and feelings of desperation and uncertainty. What is the scope of paternity fraud, and what types exist? Many people would agree that what happened in the Carnell Alexander case is scandalous, but there are many other cases that are very similar, and it is not always the mother's fault if the father pays child support. For Lional Campbell it is the fault of the Wayne County Court that he owes 43 thousand dollars for his son Michael, who died twenty-three years ago, at the age of three, even though he had been paying child support to Michael for twenty. -six years (Craig, 2013). After several audits and appeals, he still owes six thousand dollars, but he is closer to solving the problem. According to a leading men's rights advocate and researcher, many more cases of paternity fraud still exist. Every year, approximately 90,000 men fall victim to paternity fraud and end up having to pay child support for children they don't father (Corry). Later in the article, Corry defines paternity fraud as when a mother names a man as the biological father of a child,even if he knows or suspects he is not the biological father (which may lead to him paying child support). This is usually done for financial gain, through paying child support or to receive welfare assistance. This falls under the legal definition of fraud which is: Fraud is deliberately deceiving someone else with the intention of causing harm. This damage does not have to be physical damage, in fact, it is often financial. There are many different types of fraud, such as bankruptcy fraud, credit card fraud, and healthcare fraud. The precise legal definition of fraud varies depending on the jurisdiction and the specific fraud crime. (Cornell Law). Cases like these can be avoided through court-ordered DNA testing. The tests are affordable, usually costing around $30 (Diamond, 2014). They also do not even require a blood sample (Patidar, Agrawal, Parveen, & Khare, 2015). This could also reduce the time and money spent in court. Instead, many fathers pay child support for children who aren't even theirs, who they may have never seen before, or were never aware of their existence. How are fathers discriminated against in the case of child custody? Child custody cases show increased amounts of discrimination against fathers when comparing foster genders. According to D. Benatar, almost 75% of child custody cases end with the mother gaining custody, compared to just under 10% for fathers (p.50, 2014). Benatar also underlines that in 90% of cases in which the mother requests custody, without opposition, she will receive it, while only 75% of cases of the same nature for fathers end with the father's custody (p. 51) . While it is possible that in some individual cases the father was ineligible to receive custody, this theory does not explain the large disparity between the sexes. It is possible for a mother to also be an unfit parent. Some may also argue that this is because it is in the best interests of the child for custody to be given to the mother. However, this is not always the case. According to a report published by the United States Department of Health and Human Services (USDHHS), nearly 40% of child maltreatment cases are committed by mothers alone, while only 20% are committed by fathers (p. 22, 2012 ). The Child Abuse Prevention and Treatment Act, as cited in the USDHHS report, defines child maltreatment as: “Any recent act or failure to act by a parent or guardian that results in death, serious physical or emotional harm, sexual abuse, or exploitation. ; or an act or omission that presents an imminent risk of serious harm” (p. vii). The same report also found that 27.3% of child homicides are committed by mothers acting alone, compared to 14.8% of homicides committed by fathers (p. 57). Therefore, it is not necessarily always in the best interests of the child for custody to be given to the mother. What disparities are there in child support payments? Disparities can also be found in child support payments. According to the Census Bureau report, 54.9% of custodial mothers receive child support, compared to 30.4% of custodial fathers. Among those receiving child support, custodial mothers receive an average of $700 more in each payment than custodial fathers, and only 10.7% of child support recipients are fathers (Grall, 2011, p. 6 ). Even though the average amount of child support payments owed by mothers is half that owed by fathers, mothers are twice as likely as fathers to miss these payments (p. 8). Despite this, fathers account for 97% of proceedings.