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What is divorce rape?

Divorce rape is neither a legal term nor a term of art. It's a slang term. It means the use by wives of the family courts to ruin the lives of men. The ruination of men's lives by family courts usually involves taking of children. In Texas, the standard possession order only gives fathers four days a month plus two hours each Thursday. But that's not the worst of it.The family courts usually give the mother almost all the decision-making power over school, medical, and other issues. And there's child suppport, which usually runs about 25% of a father’s gross income. If the mother acquires a judgement against the father for family debts, as most do, the courts can take up to an additional 25% of gross income. 50% of gross income gone. And to a large degree, divorce judgements cannot be set aside in bankruptcy. For lower and middle class men, this all adds to complete dispossession, loss of fatherhood, loss of affection from their kids. That’s divorce rape.Check out these sources.Carl A. Weinman, The Trial Judge Awards Custody, 10 L. & CONTEMP. PROBS. 721, 723 (1944).Julie E. Artis, Judging the Best Interests of the Child: Judges’ Accounts of the Tender Years Doctrine, 38 LAW & SOC’Y REV. 769, 771 (2004)Leighton Stamps, Maternal Preference in Child Custody Decisions, 37 J. DIVORCE & REMARRIAGE 1(2002). In general, it seems that judges are unwilling to explicitly specify whether mothers or fathers are the preferred parents, with the exception of the situation when children are under the age of six, in which case they believe that the mother is the preferred parent. Although they disagreed with the specification of either parent as better than the other, … the disagreement was stronger with regard to the father. Overall, on each of the five items, the means indicated a preference toward mothers over fathers, which are consistent with the theory of maternal preference.MINNESOTA SUPREME COURT TASK FORCE FOR GENDER FAIRNESS IN THE COURTS, FINAL REPORT 23 (1989)MARYLAND SPECIAL JOINT COMMITTEE ON GENDER BIAS IN THE COURTS, GENDER BIAS REPORT (1989)MARYLAND SELECT COMMITTEE ON GENDER EQUALITY, RETROSPECTIVE REPORT (2001)MARYLAND SPECIAL JOINT COMMITTEE ON GENDER BIAS IN THE COURTS, supra note 7.Douglas Dotterweich & Michael McKinney, National Attitudes Regarding Gender Bias in Child Custody Cases, 38 FAM. & CONCILIATION CTS. REV. 212 (2000). Moreover, “|w|hen asked whether the courts always or usually give fair consideration to fathers, only one third (33.4%) of all judges and attorneys answered in the affirmative. Id. at 215. Incredibly, even in the face of this finding, judicial bias against fathers was dismissed as merely a “perception.” Rather than acknowledging the existence of a problem and suggesting judicial education or sensitivity training to address it, the concluding recommendation was this: “perceptions of gender bias might be further mitigated if judges are careful to provide complete explanations for the rationale behind their decisions in custody cases.”GARY B. MELTON ET AL., PSYCHOLOGICAL EVALUATIONS FOR THE COURTS (1997); see also R.E. EMERY, MARRIAGE, DIVORCE, AND CHILDREN’S ADJUSTMENT (1999) (describing the maternal preference as the unarticulated “rule of thumb” guiding judicial decisions in custody cases); M. Garrison, How do judges decide divorce cases? An empirical analysis of discretionary decision making, 74 N.C. L. REV. 401-552 (1996) (coming to a similar conclusion); accord: LENORE J. WEITZMAN, L. J., THE DIVORCE REVOLUTION: THE UNEXPECTED SOCIAL AND ECONOMIC CONSEQUENCES FOR WOMEN AND CHILDREN IN AMERICA (1985)COMMISSION ON GENDER BIAS IN THE JUDICIAL SYSTEM: GENDER & JUSTICE IN THE COURTS: A REPORT TO THE SUPREME COURT OF GEORGIA (1991), reprinted in 8 GA. ST. U. L. REV. 539, 657-60 (1992). The Commission received testimony from a female attorney that in her experience the test that judges apply in custody cases is not the “best interest” test but whether the mother is fit; i.e., “|i|f the mother is fit then the father will not be awarded custody, and this is gender bias against fathers.” Other attorneys testified that even if the “best interest” factors favored the father, the mother would not lose custody unless she was shown to be palpably unfit to parent. Id. at 659-60. As further evidence that judges not only place the interests of mothers ahead of those of fathers, but also ahead of the interests of children, the report notes that despite extensive evidence of the mother’s psychological instability, and that it would not be in the children’s best interests to remain in her care, the judge nevertheless awarded custody to her, explaining that “it does something to a mother” to not be awarded custody of her children. Id. at 660.GENDER FAIRNESS IMPLEMENTATION COMMITTEE, 2006 PROGRESS REPORT (2006). As of this writing, no subsequent progress reports have recommended any action to address bias against fathers.

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