One of the greatest tragedies
children of divorce in California face is the way courts allow custodial parents
to move hundreds or even thousands of miles away after divorce, damaging or
sometimes destroying the bonds between children and their noncustodial parents.
However, new research and a case pending before the California Supreme Court may
change that.
In the case of In re: Marriage of Lamusga, a Contra Costa
County custodial mother seeks to move out of state with her two young boys and
her new husband. The boys' father, who enjoys joint legal but not joint physical
custody, seeks to block the move, arguing that it is not in his children's best
interest because it will damage their relationship with him. The mother, who
first tried to move to Ohio, now seeks to relocate to Arizona in order to
provide her new husband with better career opportunities.
Since the 1996
Burgess decision California custodial parents, usually mothers, have had the
presumptive right to move. However, according to Arizona State University
researcher Sanford Braver, this decision and others like it were made in a
"vacuum" of information on the long-term effects of move-aways.
Braver
and his ASU colleagues Ira Ellman and William Fabricius have begun to fill this
vacuum with a newly released study which shows that move-aways are correlated
with damaging long-term consequences for children. The study, published in the
June 2003 issue of the Journal of Family Psychology, found that among 14
variables related to a young adult's overall well-being, move-away status was
correlated to significant, negative impact in 11 of them.
These negative
consequences include: greater inner turmoil and distress from parents' divorce;
health problems, particularly in the case of girls; more hostility in
interpersonal relationships; negative feelings towards their parents; greater
conflict between divorced parents; and greater problems in general life
satisfaction and personal and emotional adjustment. Not surprisingly, financial
support, including financial support for college expenses given voluntarily by
the noncustodial parent, was significantly higher when children grew up within a
one hour drive of their noncustodial parent.
The study, conducted from a
pool of 2,067 college students enrolled in an introductory level class at a
large university, may even understate the damage of move-aways. As the survey's
authors point out, many of the children most damaged by divorce and alienation
from their noncustodial parents were not measured because they probably never
made it as far as college.
The study's results also indict noncustodial
fathers who move away from their children, finding that such move-aways are also
correlated with long-term negative consequences for children. Noncustodial
fathers often justify their moves by arguing that the custodial mother is
already denying them access to the children anyway, or that these moves are
necessitated by their child support obligations. The second claim, however, is
no more legitimate than custodial mothers' claims that moving helps them
financially.
While the study's findings on move-aways are new, studies
documenting the disastrous effects of fatherlessness on children are not.
Research shows that the largest single factor in predicting whether a child will
graduate high school, attend college, become involved in crime or drugs, or get
pregnant before age 18 is the presence (or absence) of a father in the child's
life. Studies show that this remains true even after adjustments for household
income.
The Burgess decision and others like it ignore the fact that
children need more from their fathers than a check in the mail--they need the
love, guidance and strength which fathers provide. Allowing a custodial parent
to move away often removes one of the two people in the world who love a child
the most from that child's life. How could that be in a child's best interest?
This column first appeared in the Pasadena Star-News & Affiliated
Papers (6/5/03).
Glenn Sacks is a men's and fathers' issues columnist
and radio talk show host. His columns have appeared in dozens of America's
largest newspapers. His radio show, His Side with Glenn Sacks, can be heard
every Sunday on KRLA 870 AM in Los Angeles.
Glenn can be reached via his
website, at www.GlennSacks.com or by e-mail at
Glenn@GlennSacks.com.
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