Family Court Bias research

2013-12-05T20:02:47+00:00

Its a feminist source, that misrepresents the results of the original study, which shows a bias against men.

http://www.breakingthescience.org/SJC_GBC_analysis_intro.php

bigbadbyte · 2013-12-05T19:33:25+00:00

Found this, seems to be pretty interesting.

Clearly the study missed an opportunity to explore whether out-of-court gender bias led to situations in which mothers were predominantly the primary caretakers, the stated basis for mothers' success in court.[114] It did not look at the forces at play underlying "the agreement of the parties" regarding custody.[115] Most problematic, however, was its total absence of follow up on the speculation of how gender bias discouraged fathers from seeking custody and how stereotypes about fathers affected outcomes. Thus, ignoring these potential gender biases against fathers allowed the study to conclude that "fathers who actively seek custody obtain either primary or joint physical custody over 70% of the time."[116] However, based on its own data and not ignoring potential gender bias against fathers, the study could also have trumpeted any of the following results, leading to far different conclusions:

Mothers get primary residential custody 93.4% of the time in divorces.[117] Fathers in divorce get primary residential custody only 2.5% of the time.[118]

Fathers in divorce get joint physical custody only 4% of the time.[119]

Fathers in divorce get primary or joint physical custody less than 7% of the time.[120]

Where fathers actively seek custody, they receive primary residency in less than one out of three cases (29%),[121] and joint physical residency in less than half (46%).[122]

Unfortunately, the preceding five conclusions did not seem to fit with the pre-conceived effort to "isolate patterns of behavior that disadvantage women and to examine the results of this behavior on the economic status of women."[123] Finally, the foundation for the "70% solution" theory advanced by the study is hopelessly weak. The number implies that if a father wants custody, 70% of the time he will get either primary or joint physical residency. The number does not explain, for example, in how many of those cases mothers actually agreed that primary or joint physical residency was best for their children. It does not explain how many of those cases were contested cases where the judiciary determined custody after a hearing on the merits. Nor does it explain in how many of those cases the mother actively rejected custody or was unavailable to care for the children. In short, problems in the methodology underlying the 70% figure and basic failures to explore other possible explanations, render the figure utterly useless in concluding a lack of gender bias against fathers.[124] Indeed, analyzed fairly, the data underlying the figure strongly suggest social and cultural forces at play beyond a holistic analysis of children=s best interests. It cannot be fairly concluded through the analysis of these data that those forces are based on gender bias against fathers, but it can be fairly concluded that the study does not refute such gender bias.

http://www.law.fsu.edu/journals/lawreview/frames/254/mcnefram.html

rightsbot · 2013-12-05T19:22:17+00:00

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Title	Family Court Bias research
Author	enzikio
Upvotes	8
Comments	3
Date	December 5, 2013 7:21 PM UTC (12 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/1s6iho/family_court_bias_research/
Archive Link	https://theredarchive.com/r/MensRights/family-court-bias-research.1156962 https://theredarchive.com/post/1156962

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