Non-custodial
parents networking together to make a difference!
Welcome
to IowaFathers.com
Reshaping the legislative landscape of Iowa because Children Need Both
Parents!
Notice:The Rally at the Iowa Supreme
Court Building scheduled for Friday, June 13, 2008, has been postponed
due to statewide flooding. The event will be rescheduled and
registered members notified.
Introduction:
Welcome to IowaFathers.com. This website and
organization has been created to help single, divorcing, and divorced
parents residing in the state of Iowa. Although our emphasis is on
working specifically with non-custodial fathers, non-custodial mothers,
and concerned grandparents, every Iowan
is welcome and encouraged to join.
Quotes:
“Children
with two parents who actively and positively engage in their life by
providing financial support, love, guidance and discipline, have a
greater chance for success than children who receive an active
involvement from only one parent” –
former Iowa Governor, Thomas
J. Vilsack.
"Part of ending
sexism involves eliminating the inhuman practice of awarding a parent
‘visitation’ to his or her own child" -- Karen DeCrow, past president
of the National Organization for Women(NOW).
"Courts are supposed to approach cases of child custody, support
payments, and visitation rights in what we call a gender-neutral
posture. It sounds fair, and it is fair. But it is a myth. Judges are
not enforcing these gender laws fairly, and few seem to care" - Judge
Judy Sheindlin.
"Unless you have
been forcefully removed from the everyday upbringing of your child by
the Court, you can not fathom the emotional distress" - Bryan Iehl,
founder & president of IowaFathers.com.
Watch Video About Us:
Quick Facts:
80%
of children with divorcing or divorced parents experience some form of
Parental Alienation. 20% of these children experience such behaviors at
least once a day (Source: American Bar Association).
In 2002, women received physical placement in 84.4% of
the cases and men 15.6% (Source:
U.S. Census Bureau, released February
2005).
About 85% of custodial parents are mothers
(Source: Journal of Family Psychology. 2003, Vol. 17, No. 2, 206–219).
Three out of four teenage
suicides (75%) occur in households where a parent has been
absent (Source: Elshtain, Jean Bethke,
"Family Matters: The Plight of America’s Children."The
Christian Century, July 1993.)
The 5 most recently created Message
Board topics:
Title
Author
Date
What Does IowaFathers.com Support?
Legislative changes to create a presumption of Joint Physical Care
(JPC) also known as Shared Parenting.
The
granting of joint physical care in contested child custody disputes
unless such an arrangement places the children directly in harms way.
Legislation to allow both parents to be more involved in their children’s lives.
Children having maximum continuing physical and emotional
contact with both parents.
Children having equal access to both parents.
Legislation making a denial by either parent to support the
children having
continuing physical and emotional contact with the other parent a
Felony.
Grandparent legislation affording access to their grandchildren.
Judges holding both parents accountable for their actions.
Change the "No-Fault" divorce law when children are involved
unless a presumption of joint physical care is established.
Changes to the Iowa Department of Human Services (DHS).
Child Support Recovery (CSRU) needs changes to be fair and uniform regarding
collections.
Prevent the Iowa judicial branch from using divorce and child custody issues
as a main source of revenue to fund state and local government
coffers.
Tougher and more frequent penalties on attorney's who violate the code
of ethics.
Tougher and more frequent penalties on judges who disregard Iowa Law.
Schools providing both parents information without
hassle.
Medical professionals providing both parents information without
hassle.
Legislative changes creating consequences for false domestic
abuse and false child abuse
accusations.
Stricter legislation on founded child abuse cases.
Legislation allowing for an immediate, neutral appeal (not
through DHS) of child
abuse cases.
Change the current judicial system practice of awarding the
custodial parent superior rights over the non-custodial parent,
which is unconstitutional.
The "Soldiers and Sailors Act" must apply to military personnel
in child custody matters while serving our nation.
Note: Supreme Court of Iowa in a recent ruling
declared that the "Soldiers and Sailors Act" is trumped by the "best
interest of the child" standard, which is non-measurable and
different from judge to judge.
Our Goal:
Network with non-custodial parents and Iowa citizens around the state and bring about change to our
current legal system. IowaFathers.com wants Iowa legislators and
judges to listen to the
research and to start putting the children first by allowing equal access
to both parents through Joint Physical Care. The Iowa judicial system
needs to uphold the law equally and be held accountable when it doesn't!
Why
Join IowaFathers.com?
Iowa's traditional family
unit is under attack by trial lawyers, social programs, and state
agencies because of monetary gain or self preservation.
Divorce in Iowa is at an
all-time high. Legislative changes must be made to protect the family
unit and ensure that children have an opportunity to be raised by
parents, not a parent. This may require changing Iowa's no-fault divorce
law or creating a rebuttable presumption of joint physical care (shared
parenting) during a dissolution of marriage.
Post-divorce family
litigation is at an all-time high in Iowa. Lawyers, state agencies, and
the Iowa Judicial Branch promote conflict because of the revenue that is
generated. Legislative changes must be made to de-escalate family
litigation, possibly though programs like mandated binding mediation or
legislation clarifying the intent of the law regarding what constitutes
"contempt" for non-compliance of Court Order's, otherwise the future of
Iowa families looks grim.
False domestic abuse
allegations are destroying families. As Attorney General, Bonnie
Campbell issued an attorney general's opinion interpreting the "primary
aggressor rule" in domestic abuse law. In so doing, Campbell directed
all law enforcement officers in the state, in every case, to consider
the primary aggressor to be the party who is taller, heavier, and has
greater upper-body strength. This interpretation has resulted in
inaccurate statistics and inaccurate information being provided by
organizations here in Iowa that Domestic Violence is generally
perpetrated by men against women. This despite the Office of Violence
Against Women acknowledging that at least 40% of Domestic Violence is
perpetrated by women. Legislative changes are needed so that due process
is afforded to all citizens accused, including a presumption of
innocence until proven guilty, and there must be consequences for false
allegations.
Our military personnel are
coming home and finding out that the "Soldiers and Sailors Act" did not
protect them from litigation or from losing custody of their children
while serving our nation. Legislative changes are needed to ensure that
our military personnel are protected from any form of litigation while
serving our nation.
Ultimately, we believe it is
the responsibility of all Iowan's to protect our prestigious family unit
and our children's future!
What is a Rebuttable Presumption of Joint Physical
Care?
A rebuttable presumption of joint physical care requires
judges to consider Joint Physical Care as the "First Alternative" in a
child custody hearing. Joint physical care is when both parents share physical
placement of the child(ren). Simply defined, joint physical care allows the
child(ren) to live with each parent 50% of the time during the year. Research
has shown that child(ren) need equal access to both parents and joint physical
care accomplishes this challenge. Parenting schedules are established to
determine when each parent has the child(ren) living with them. The most
frequent joint physical care schedule is one week at moms, the next week at
dads, and holidays are usually alternated. The State of Iowa, allows parents to
determine what parenting schedule best meets the needs of their child(ren).
Joint physical care is established in Iowa Statute 598.41(5)(a).
Parenting is a fundamental right protected by
the 5th and 14th amendments. This has been established in Troxel
v. Granville, 530 U.S. 99-138 (2000), Santosky v. Kramer, 102 S
Ct 1388; 455 U.S. 745 (1982) and Quilloin v. Walcott, 98 S Ct
549; 434 U.S. 246, 255 Q56 (1978), among other cases.
Click here for a recent letter
from Senator Charles Grassley acknowledging parenting as a
fundamental right.
Treating parental rights as fundamental
rights requires a presumption of joint legal and joint physical
care upon divorce and through litigation. While Iowa Statute
598.41(5)(a) allows for joint physical care upon the request by
either parent, the Supreme Court of Iowa has ruled no
presumption exists — this despite legislators making clear the
intent of the law, which may be viewed by
clicking here. As a result,
most judges refuse to award joint physical care despite the
qualifications or parenting ability of either parent.
Opposition to Joint Physical Care:
Why would any legislator oppose a bill allowing children equal
access to both parents?
The answer is simple when you understand that divorce breeds a
host of societal ills for government to solve. Virtually every
major social pathology, from violent crime to drug abuse to
truancy, is directly attributable to family breakdown and
fatherless homes more than any single factor, even surpassing
race and poverty. This fills state and local government coffers
with federal money for all kinds of social programs to help
solve these divorce-related social problems.
The favorite answer many state legislators use
for not supporting a rebuttable presumption of joint physical care
legislation is the domestic abuse myth. Many social programs and
state agencies lobby against Joint Physical Care legislation claiming it
ties the judges hands in cases of domestic abuse.
The fact remains, rebuttable means "
1) to refute
by evidence or argument. 2) to oppose by contrary proof. 3) to provide
some evidence or argument that refutes or opposes. 4) disprove,
confute" (dictionary.com). Therefore, under a Rebuttable Presumption
of Joint Physical Care, should a party object to such an arrangement,
the judge has the responsibility of looking at the specifics of each
individual case to determine if evidence exists to deviate from a joint
physical care custody arrangement. Furthermore, the domestic
abuse argument has has no merit given the Office of Violence Against
Women acknowledging that at least 40% of Domestic Violence is
perpetrated by women.
FACTS about Joint Physical Care:
Such an arrangement removes the child as a
weapon in child custody proceedings.
Provides children equal access to both parents after a
divorce unless such a ruling would put the children in direct physical
or emotional harm.
Children with equal access to both parents have
better outcomes in life.
Children arelesslikely to suffer
from physical, emotional, or sexual abuse.
Helps prevent Parental Alienation Syndrome
(PAS).
Cost of litigations are much lower and less
frequent.
Parenting is the most fundamental right
recognized by the Supreme Court of the United States.
Puts the State of Iowa in compliance with the
5th and 14th Amendment.
Judges must look at the specific facts of each
case.
MYTHS about Joint Physical Care:
Judges must grant joint physical care.
Children will be placed in homes where domestic
abuse has been proven.
Children will be placed in homes where sexual
abuse has been proven.
Such an arrangement is an unstable environment
for the children.
The United States has 5 percent of the world's
population and 70 percent of the lawyers.
The United States is the only country in the world where the court
lets the prisoner go home and locks up the jury.
The term "red tape" comes from nineteenth-century England when documents
were bound in reddish ribbon. Common folks cited the process of tying
and untying the tape as an excuse for the slowness of government decisions.
The following photos were taken at a
meeting at the Capitol on June 2, 2008, to discuss the importance of
Governor Culver supporting a rebuttable presumption of joint physical
care.