VISITATION AND CHILD SUPPORT GUIDELINES

Fabricius and Braver argue that nonresident fathers incur appreciable visitation expenses and that their child support obligations should be reduced accordingly. To assess whether fathers incur "appreciable" expenses requires data from mothers and fathers on expenditures in dollar terms rather than data from college students on items kept in the nonresident father's house. The Fabricius and Braver data also overstate the degree to which all divorced fathers do anything for their children. Representative data indicate that father visitation declines substantially over time. Father's postdivorce, post–child support standard of living remains twice that of mothers and children. The cliff model—making adjustments for visitation only in the rare cases of very high shared physical custody—is sensible policy.     

YOUNG ADULTS' PERSPECTIVES ON DIVORCE Living Arrangements

There is increasing consensus that the perspectives of children need to be taken into account in decisions made by divorcing parents and the courts and that young adults who have lived through their parents' divorces can be an important source of information about children's perspectives. In this study, the authors assessed the perspectives of 820 college adults from divorced families on the issue of children's living arrangements after divorce. Respondents wanted to have spent more time with their fathers as they were growing up, and the living arrangement they believed was best was living equal time with each parent. The living arrangements they had as children gave them generally little time with their fathers. Respondents reported that their fathers wanted more time with them but that their mothers generally did not want them to spend more time with their fathers.     

Residence patterns of the elderly in early eighteenth-century Iceland

In this article the 1703 Icelandic census is used to shed light on the living arrangements of the elderly during a period of harsh climatic and social conditions. The census is unique in the sense that it includes an entire population of a country at an early date. It was taken on the initiative of the authorities in Denmark with the objective of examining the dire conditions of the Icelandic population and, in particular, assessing the number of paupers and vagrants. The census therefore provides interesting possibilities to analyse the situation of the most vulnerable groups of the society. In a society with low nuptiality rates and a low sex ratio, the risk of becoming dependent on poor relief increased with age. Elderly persons who were not able to retire in the household of an offspring ran the risk of spending their last years as paupers. In the 75 and older age group, no less than 43.5% of women were in the position of a pauper. In line with other recent studies on intergenerational co-residence, this study indicates that the elderly preferred to co-reside with their offspring. Even though elderly couples preferred to remain in the position of head of household, most would co-reside with their children. As regards widowed persons, there were noticeable differences between elderly men and women. Elderly widows were thus more likely than widowers to resign from headship on entering widowhood in order to retire in the household of one of an offspring.     

The impact of demographic and socio-economic change on the living arrangements of the elderly in Sundsval,Sweden, during the nineteenth century

The essay examines the impact of socio-economic and demographic change on the living arrangements of different groups of elderly in Sundsvall, an industrial town in nineteenth-century Sweden. The proportion of old parents having children living nearby was stable throughout the century, although the proportion living in the same households as their children decreased over time, probably because the children had the economic resources to form households of their own earlier. The proportion of elderly not having relatives at hand increased, however, due to a higher proportion of unmarried old persons, many of whom had in-migrated to Sundsvall late in life.IntroductionChildren's responsibility for their old parents was deeply rooted in preindustrial Sweden. In medieval legislation, it was already stressed that the main responsibility for caring for the elderly lay with the family. The fountainhead of this obligation can be found in the Fourth Commandment: “Honor thy father and thy mother.”     

Who were the families of “natural” children in nineteenth-century Rio de Janeiro,Brazil?: A comparison of baptismal and census records

The article analyzes the census records for Sao Cristovao in 1870 to determine the proportions of single mothers in the population and whether they were living in female-headed households, as companheiras in male-headed households (in consensual union), or as agregadas or dependent members of a household headed by someone else, who was not the sexual partner of the single mother. The socio-economic and racial characteristics of the single mothers are also compared to each other and to the married population. The data suggest that approximately one-third of single Brazilian mothers and their children were living in informal two-parent relationships. These women were not substantially different from the two-thirds of single mothers who were living either as female heads of households or as dependents in other households, in terms of race, age, or occupation. Women who were female heads of households were somewhat older than the average single mother in a consensual union, and the women living in dependent situations were slightly younger. The greatest difference between these two groups of women is that many married mothers had no occupations while the vast majority of single mothers listed professions. The baptismal records of illegitimate babies suggest that the vast majority of them had ritual kinfolk, and some were grandparents involved in their baptisms and perhaps also in their daily living arrangements.     

INDIVIDUAL AND COPARENTING DIFFERENCES BETWEEN DIVORCING AND UNMARRIED FATHERS

The current study examines differences in demographic characteristics, parental conflict, and nonresidential father involvement between divorcing and unmarried fathers with young children. Participants were 161 families (36 unmarried) with children aged 0 to 6 years, involved in a larger longitudinal study of separating and divorcing families. Baseline data were gathered from parenting plans, court databases, and parent reports. Results indicated that unmarried fathers were younger, more economically disadvantaged, less well educated, less likely to have their children living with them, and had less influence on decision making. Unmarried fathers reported more conflict regarding their attempts to be involved with their children in their day-to-day activities. Understanding these unique characteristics and dynamics will help to maximize effective services in the legal system for unmarried couples.     

Who were the families of “natural” children in nineteenth-century Rio de Janeiro,Brazil?: A comparison of baptismal and census records

The article analyzes the census records for Sao Cristovao in 1870 to determine the proportions of single mothers in the population and whether they were living in female-headed households, as companheiras in male-headed households (in consensual union), or as agregadas or dependent members of a household headed by someone else, who was not the sexual partner of the single mother. The socio-economic and racial characteristics of the single mothers are also compared to each other and to the married population. The data suggest that approximately one-third of single Brazilian mothers and their children were living in informal two-parent relationships. These women were not substantially different from the two-thirds of single mothers who were living either as female heads of households or as dependents in other households, in terms of race, age, or occupation. Women who were female heads of households were somewhat older than the average single mother in a consensual union, and the women living in dependent situations were slightly younger. The greatest difference between these two groups of women is that many married mothers had no occupations while the vast majority of single mothers listed professions. The baptismal records of illegitimate babies suggest that the vast majority of them had ritual kinfolk, and some were grandparents involved in their baptisms and perhaps also in their daily living arrangements.     

VIEW FROM THE BENCH

Although some believe that the family courts are gender biased against fathers, Judge Menno disagrees. From his experience as a family court judge and his view from the bench, fathers are treated fairly in court determinations pertaining to access to their children. In making these determinations, courts must take into consideration the reality of divorce and out-of-wedlock arrangements. This article describes how Judge Menno's county family court operates, and he further subgroups various types of fathers, describing how each fares in the family court when trying to gain access to their children.     

Divorce, Custody, and Spousal Violence: A Random Sample of Circuit Court Docket Records

The fastest growing marital status category in America is divorced, with the number of divorced individuals quadrupling between 1970 and 1996. The majority of children in divorced families live with a single parent and often lose contact with the noncustodial parent. A recent review of the literature suggests that many noncustodial fathers fail to keep contact with their children and become delinquent in child support payments because of their dissatisfaction with the custody arrangement. However, there has been little examination of how custody arrangements are typically determined or settled. In addition, divorces that involve spousal violence bring further complications to child custody, visitation, and child support decisions. This study included a 20% random sample of court records for all divorces settled in one county judicial circuit court during 1998. The purpose of this study was to examine characteristics of divorcing adults as well as characteristics of child custody arrangements, visitation, and child support decisions. Contrary to popular belief, findings from this study indicate that divorce actions were almost always settled through agreement of the divorcing parties rather than by adjudication. About 38% of the couples had children in common and between 78 and 92% of cases were settled through agreement, which suggests that fathers are in fact agreeing to the custody arrangement, rather than being forced into it. About one in five records overall noted spousal violence, and there was no significant difference in settlement methods for couples with or without spousal violence. Cases with children and spousal violence were significantly more likely to have also mentioned substance use and postdecree activity. This study suggests a need for more focused attention on divorce cases with spousal violence to reduce postdecree court involvement and safety of children and adult victims, as well as further study into what causes noncustodial parents to lose contact with their children.     

Paternity analysis in deficiency cases with related putative fathers: simulation of a deficiency analysis in 27 families

During the last few years, the number of privately ordered paternity investigations has increased considerably. Probably due to financial reasons in more and more cases only the putative father and the child are investigated. Additionally, very often only one method, such as STR analysis, is employed. This raises the question whether such a reduced analysis leads to reliable and clear results when investigating cases with related putative fathers. We investigated 165 individuals from 27 families using the AmpFlSTRIdentifiler multiplex PCR and calculated the paternity probabilities of the children to their biological fathers, uncles, grand fathers and other relatives. In more than 30% less than three exclusions between child and relative were detected. In five cases no exclusions were found between child and uncle, always leading to paternity probabilities >99.9%. These results show that the calculation of high probabilities (>99.9%) does not necessarily lead to the accurate conclusion of fatherhood. In many of our cases misleadingly the brother of the real father or another close relative would have been declared to be the biological father.     

Through the Eyes of a Father: How PRWORA Affects Non-Resident Fathers and Their Children

Under the Personal Responsibility and Work Opportunity ReconciliationAct (PRWORA), new laws have been enacted that focus on reducingsingle-parent families’ reliance on state assistance bycollecting child support from non-custodial parents (typicallyfathers). These laws pressure fathers to pay child support throughstricter penalties for non-payment, but do not help fathersovercome barriers (eg, unstable employment) that prevent payment.In addition, PRWORA does not help fathers gain access to theirchildren, which, according to research, promotes payment andchild welfare. A literature review indicates that children whogrow up without a father experience more psychosocial difficultyand diminished well-being compared to children who grow up ina two parent household. Thus, it is recommended that the federalgovernment make greater efforts to assist fathers in their abilityto provide emotional and developmental guidance for their childrenthrough father involvement programmes. Programmes such as mediation,parenting plans, joint custody, and parental education promotethe well-being of the children and encourage non-residentialparents to fulfill their financial commitments to their offspring,reducing the need for state aid.     

Unwilling Fathers and Abortion: Terminating Men's Child Support Obligations?

There is broad agreement across the western industrialised world that men who father children outside of marriage share in an obligation to support their offspring financially. Against this consensus, some men's groups have claimed that if women are accorded control over the decision to continue or to terminate a pregnancy then it is unfair to hold genetic fathers financially liable for child support. This paper assesses the merits of this claim from a feminist perspective. Having considered a number of arguments, it suggests that the currently accepted grounding of child support liability (in voluntary creation of need) provides little scope for refuting the men's groups' argument. The paper then moves on to argue that voluntary creation of need is, however, inadequate as a basis for child support liability, and that the current analysis offers compelling grounds for preferring a collective model of support obligations.     

WHO'S YOUR DADDY?: THE INHERENT UNFAIRNESS OF THE MARITAL PRESUMPTION FOR CHILDREN OF UNMARRIED PARENTS*

Many states have marital presumptions of legitimacy, which provide children born to married parents with protection against paternity lawsuits questioning their legitimacy. However, most states do not have legitimacy presumption statutes for unmarried couples. This lack of equality between married and unmarried couples makes it so that children born to unmarried parents, who have developed a psychological bond with a man they have always thought to be their father, are not afforded the same protection as other children in similar situations, simply because their parents were not married at the time of their birth. Therefore, this Note advocates for states to amend their paternity statutes to provide protection against nonpaternity lawsuits to psychological fathers and their psychological children. State statutes should provide a psychological father with the right to be declared the legal parent of his psychological child in cases where the child's legal father has been substantially absent from the child's life.     

Jailed Parents

Abstract

It is axiomatic in the literature that parenthood exacerbates the pains of imprisonment for women. A corollary is that it has a lesser impact on incarcerated men. We have attempted here to establish an empirical foundation for concluding that incarceration affects fathers and mothers differently. Using a national survey of jailed parents to compare mothers and fathers on a number of variables, we found clear differences which persisted through two survey years. Jailed mothers were more likely than jailed fathers to have minor children and to have been living with their minor children at arrest. Their children were more likely to have experienced a change in caretaking because of their arrest than were the children of jailed fathers. Incarceration does, in fact, pose greater problems for mothers than for fathers.     

Children of the American Prison Generation: Student and School Spillover Effects of Incarcerating Mothers

Formal equality and judicial neutrality can lead to substantive inequality for women and children, with social costs that extend beyond individuals and families and spill over into the larger social settings in which they are located. We consider the uniquely damaging effects of an “equality with a vengeance” (Chesney‐Lind & Pollack 1995) that resulted from “tough on crime” policies and the 1980s federal and state sentencing guidelines that led to the incarceration of more women and mothers. We argue that legal equality norms of the kind embedded in the enforcement of sentencing guidelines can mask and punish differences in gendered role expectations. Paradoxically, although fathers are incarcerated in much greater numbers than are mothers, the effect threshold is lower and the scale of effect on educational outcomes tends to be greater for maternal incarceration. We demonstrate both student‐ and school‐level effects of maternal incarceration: the damaging effects not only affect the children of imprisoned mothers but also spill over to children of nonincarcerated mothers in schools with elevated levels of maternal incarceration. We find a 15 percent reduction in college graduation rates in schools where as few as 10 percent of other students' mothers are incarcerated. The effects for imprisoned fathers are also notable, especially at the school level. Schools with higher father incarceration rates (25 percent) have college graduation rates as much as 50 percent lower than those of other schools. The effects of imprisoned mothers are particularly notable at the student level (i.e., with few children of imprisoned mothers graduating from college), while maternal imprisonment effects are found at both student and school levels across the three measured outcomes. We demonstrate these effects in a large, nationally representative longitudinal study of American children from the 1990s prison generation who were tracked into early adulthood.     

Residence patterns of aged widows in three Mediterranean communities and the organization of the care

Widowhood and old age increase the need for support. The analysis of the living arrangements of the elderly demonstrates how that assistance was provided. The example of these three Majorcan communities (Sineu, Vilafranca, and Capdepera) between 1880 and 1965 indicates that the solidarity networks of the family members enabled elderly widows and widowers to live in their own households. Proximity permitted a regular and intensive contact by the members of the family and a continuous exchange of services and help that met the needs of the different generations as in other Mediterranean societies. However, residential proximity did not replace coresidence with married children. Both coresidence and residential proximity were strategies that families employed according to their particular needs and situations. The frequency of complex households and whether headship of the household remained with the older generation were determined by the nature of the inheritance system as well as by the ability of older women to assist with domestic tasks, such as the care of grandchildren. The position of women as usufructuaries or nonproprietors after the death of their husbands helps explain the higher proportion that lived in the households of married children. Widowers, as they owned the house in which they lived, were in a stronger position and retained the headship of the household. From the last decades of the 19th century to the 1960s, the number of widowed who lived alone gradually increased, but daily contact with children was maintained.     

Residence patterns of aged widows in three Mediterranean communities and the organization of the care

Widowhood and old age increase the need for support. The analysis of the living arrangements of the elderly demonstrates how that assistance was provided. The example of these three Majorcan communities (Sineu, Vilafranca, and Capdepera) between 1880 and 1965 indicates that the solidarity networks of the family members enabled elderly widows and widowers to live in their own households. Proximity permitted a regular and intensive contact by the members of the family and a continuous exchange of services and help that met the needs of the different generations as in other Mediterranean societies. However, residential proximity did not replace coresidence with married children. Both coresidence and residential proximity were strategies that families employed according to their particular needs and situations. The frequency of complex households and whether headship of the household remained with the older generation were determined by the nature of the inheritance system as well as by the ability of older women to assist with domestic tasks, such as the care of grandchildren. The position of women as usufructuaries or nonproprietors after the death of their husbands helps explain the higher proportion that lived in the households of married children. Widowers, as they owned the house in which they lived, were in a stronger position and retained the headship of the household. From the last decades of the 19th century to the 1960s, the number of widowed who lived alone gradually increased, but daily contact with children was maintained.     

State secrets: access to information under the Human Reproductive Technology Act 1991 (WA)

Many Australian children have a biological father who gave his sperm so that the child's mother could conceive and raise them. Many of these children, and their parent(s), do not know who that biological father is. However, some want to know. The article examines the Western Australian law on access to information about the identity of parties in these arrangements. It is argued that there is an implied right to access identifying information where all parties consent to the exchange of information; that this right has been ignored in official and medical practice and opportunities for good record-keeping missed; and that the current law allows a parent to give consent to the exchange of identifying information on behalf of their child at any time after the child is conceived.     

Lost in registration? Missing occupations of single women in the Bruges countryside,c.1814

The absence of occupational titles for women in historical censuses has stymied numerous scholars. Various authors have explained this phenomenon as carelessness or bias on the part of the census-takers. Women's work was of little interest to the authorities and census officials focused their efforts upon the activities of the head of household. While source triangulation can be a useful tool for uncovering ‘hidden’ employment of women, it is often a complex and time-consuming process. In this article we outline an alternative to deal with the issue of missing occupations of single women in censuses by exploring their living arrangements. We identify four aspects of co-residence that can highlight the roles played within the household by single women without registered employment: their relation to the head of the household, and that individual's occupation, property and marital status. Comparing data from the 1814 population census regarding two social agro-systems and the city of Bruges, we argue that occupational titles of single women were not randomly omitted by the census officials, but reflect the embeddedness of these women in the family economy and household. While we do not refute recent research that stresses single women's economic independence during the long eighteenth century, our findings suggest that for a subset of singles this was not the case. We claim that by studying registered labour only, the historical picture of single women's work is biased or at the very least incomplete.     

Migration and the household: Urban living arrangements in late 19th- to early 20th-century Russia

Examining population census data for the late 19th and early 20th century, this article examines the impact of rural–urban migration during the first wave of Russia's industrialization on urban living arrangements. The author finds effects that echo the experience of other industrializing nations, notably the proliferation of board and lodging arrangements, and phenomena that are more peculiar to the Russian situation. Notably, the system of landholding and associated legal and fiscal constraints complicated migrants' separation from the village and put a premium on cyclical and return migration rather than outright urbanization. These conditions were conducive to the formation of collective non-family households of labour migrants, artely, which were an important mechanism for cutting living expenses and increasing the share of earnings remitted to the village and the family household back home.