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Archive for March, 2014

I came across TyQan Brow’s story, which was on the news some ten days ago.  A new pearl in the nauseating list of encroachments of

Scottish Monster (Katie McPherson)

Scottish Monster (Katie McPherson)

fathers’ rights by family courts.

TyQan is the father of an eponym son he conceived with Jonetta Woods.  In February 2013, Jonetta tragically lost three of her four children in a fire.  The story gets suddenly very complicated, thanks to erratic Kalamazoo (Michigan)  family court decisions. For a while, TyQan is granted custody of Drayanna, the daughter Jonetta had with another man and escaped the fire, and his soon-to-be-born son.  But not so fast: TyQan Junior is born in March 14, but his father TyQan does not even have a chance to bring his baby home, as  he has to face an accusation of child abuse and neglect:   A social worker, who had visited TyQan before the baby’s birth and had found no crib at home, jumped to the conclusion that he was not prepared for parenthood. Eventually TyQan is granted temporary custody of his son by Kalamazoo family court, after he showed he had all that was needed to take care of his son, and all the desire to do so. Yet,TyQan is a father on “probation.”  I could not  keep myself from thinking: what will he need to prove to the court to be granted permanent custody of his child?  How filled, and with what food, his fridge will have to be? How much money will need to be on his savings account?

My first reading of TyQuan’s  tangle with family court was that if the family court’s  crowd  despises the Patriarch figure, the man that provides, takes charge, and imposes his will on women and children, there is one type of men it hates even more: the poor. In the times we live in, low-income men don’t make it to the middle class, and their status as breadwinners is always fragile. If they get divorced, they don’t not remain breadwinners very long, as family courts turn them into deadbeat dads with inflexible child support payments. Eduardo Porter is right when he suggests to policymakers, in a New Times article from March 5 2014,  to try support instead of punishment for low- income fathers (and families).

However, a look  at family laws outside the US shows that  punishment by family courts also applies to low-income non custodial fathers in countries where the social safety net is better than in the US, in Ireland for instance. Dan Buckley from the Irish Examiner writes that judges are breaching human rights of fathers, keeping them from seeing their children and forcing them into poverty. The targets of family courts there are fathers who can just make it with state benefits. Too often, judges tend to order an excessive amount of child support (maintenance in Ireland) relative to income; the same judges will curtail visitations or send fathers to jail if child support is unpaid.

There is something in out- of- wedlock fathers with kids which deeply bothers our societies; perhaps, the fact that they could be totally autonomous with kids,  that they could not need the help from women to educate their children.

I will celebrate when the first custodial or  non- custodial father will be elected in office – any office-  anywhere.

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Cirilia Balthazar Cruz and Ruby (Photo Sharon Steinmann)

Cirilia Balthazar Cruz and Ruby (Photo Sharon Steinmann)

Over the last years, I have been blogging about Cirilia Balthazar Cruz’s case, perhaps one of the most outrageous examples of violation of parental rights by the US family justice in recent times. When we, non-custodial fathers, deal with family courts, we are often the defendants, there is a usually a trial and a vague appearance of due process; in Cirilia Balthazar Cruz’ case, hardly.

With Cirilia, there is no husband, no boyfriend, and no custody battle. Problems start with social services’ predators of the State of Mississippi. Her baby is taken from her almost upon delivery in Singing River Hospital in November 2008. Why? Mrs Cruz does not speak English or Spanish, but an indigenous language, Chatino, spoken in the region of Oaxaca, Mexico. The hospital employees and the social worker assigned to the case understand zip.  That must have made them angry. They tell the Mississippi Department of Human Services, that Cirilia is a prostitute and about to give up her child for adoption. Such deeds go a long way when supported by a high officer of justice-  in the present case, Judge Sharon Sigalas.  According to her, Cirilia’s child will suffer developmental problems for lack of English (I guess there are a bunch of folks in this country that may have had developmental problems throughout US history, and historians better investigate the problem quickly). As a result, the child is put to adoption.

Fortunately, thanks to the Southern Poverty Law Center that filed a federal law suit (in passing, why isn’t there any Wealth Law Center anywhere in the US?), Cirilia regained Ruby’s custody in 2009 and her maternal rights in 2010.  And last friday, a federal justice court decided that Mississippi state officials may have to answer of their actions violating Cirilia’s constitutional rights to raise her child. Cirilia might get justice for the miscarriage of justice by the justice system, a precedent that hopefully will inspire others beyond the great State of Mississippi.

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Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?...' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.