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F & F’s Holstein Discusses High-Profile Lesbian Child Custody Battle on Radio (Audio Available)

January 7, 2010

wlwFathers and Families‘ Ned Holstein, MD discussed the high-profile Miller-Jenkins lesbian custody battle on the Mike McConnell Show on 700 WLW in Cincinnati (1/6/10) and on the Cumulus radio network. To listen to the audio of his McConnell appearance, click here. The Miller-Jenkins case is a landmark and internationally publicized custody dispute, as Miller has disappeared with her 7-year-old daughter to evade a court order to give the girl to her former lesbian partner.
According to ABC News’ Mom and Daughter Go AWOL in Lesbian Custody Case (1/1/09):

Lisa Miller, 41, of Winchester, Va., was ordered by a Vermont family court judge to hand over her daughter Isabella to Janet Jenkins , 45, of Fairhaven, VT…The child is at the center of a landmark custody battle between two women she calls “Mommy,” the first case to address same-sex unions when the parents cross state lines. cumulusMiller and Jenkins were married in a civil union ceremony in Vermont in 2000. They split in 2004 when Isabella was 17 months old… Miller, who is the biological mother through artificial insemination, fled to Virginia, where those civil unions are not recognized. There, she denounced homosexuality and became an evangelical Christian. The custody battle has raged ever since. When the civil union was dissolved, the Vermont judge awarded custody to Miller but granted liberal visitation rights to Jenkins. But after Miller failed to show up for scheduled parental visits at Jenkins’ home, the court reversed the ruling on Nov. 20 and awarded custody to Jenkins. The supreme courts of Virginia and Vermont ruled in favor of Jenkins, saying the case was the same as a custody dispute between a heterosexual couple…

Though it has surprised some, Fathers & Families, America’s largest family court reform organization, has worked to support Janet Jenkins from the beginning. Fathers & Families’ Board Chairman Ned Holstein, MD, a Harvard-trained public health specialist, explains:

Most of Miller’s tactics in driving Jenkins out of their daughter’s lives are quite common–the only difference is that this time the target is a lesbian social mom instead of a noncustodial father. Millions of children have their access to their noncustodial parents interfered with or blocked by custodial parents. Miller violated visitation orders for years, moved far away from Jenkins, and pushed Isabella’s grandparents out of their lives.

Miller is, of course, entitled to choose her own sexuality and religion. But she chose to have a child with Jenkins and shouldn’t be able to obliterate this because it doesn’t fit in with her new beliefs. And however one feels about gay marriage, it is enormously damaging to children to have one of the two people they love the most in the world — a parent — ripped out of their lives. The saddest part is that children usually blame themselves, asking, “What did I do to make mom not want to be with me anymore?”

What’s needed are strong legal protections for parent-child bonds. This begins with a rebuttable presumption of shared custody after a divorce or separation. Under this presumption, as long as both parents are fit, they will both have the right to share equally in raising their children. These presumptions do exist in some states, but they are generally weak and too easily evaded. Moreover, courts need to enforce their own visitation orders, instead of allowing custodial parents to flout orders year after year with little or no consequence. To learn more about the Miller-Jenkins case, see Dr. Holstein’s co-authored MSN.com column With Gay Marriage Comes Gay Divorce: The Rise of Lesbian Custody Battles.

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Fathers & Families’ Dr. Ned Holstein on Nationally-Syndicated Eagle Forum Radio Show

December 14, 2009

Fathers & Families‘ Dr. Ned Holstein discussed the need for family court reform and the importance of fathers in his recent appearance on the nationally-syndicated Eagle Forum radio show. Audio of the show is available:

Listen to Part I Listen to Part II

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F & F’s Holstein on NPR’s Marketplace—Fathers, Child Support & the Recession

August 28, 2009

marketplaceFathers & Families Ned Holstein, MD recently discussed the problems faced by child support obligors in the recession on American Public Media’s Marketplace. From Economy gives some dads a bad rap (8/21/09): “When someone loses a job, the bills don’t stop coming.
Mortgage, car payments, health insurance and for some, child support. But Ned Holstein, president of Fathers and Families, a group that represents dads, says there’s a big difference.

Everybody is struggling. But someone who has a child support order is the only person who’s going to be put in jail, because they can’t pay their debts.

That’s why more parents who’ve lost their jobs are asking the courts to lower their child support payments…But just asking the court to lower your payments, because you lost your job, isn’t always enough. Divorce attorney B.J. Krintzman says the courts are slow moving:

They’re not going to get very far if they go in that week and say, “I lost my job, so I can no longer pay.” Usually there has to be some kind of period of time that’s gone by, so the obligor has to show attempts to get a job.

Some judges are sympathetic and lower payments right away, because they know it’s unlikely someone will get a new job quickly. But typically it takes six months for a judge to make a decision. Ned Holstein of Fathers and Families says:

[Y]you can be going broke in a hurry…Then when you get the hearing, typically, the family court judges will not give you relief at the first hearing. They say, “Well, how do we know this is going to be long standing? You might get a job next week. Also, you’ve got some assets, you can pay it out of your assets. And so, I’ll see you again in three more months.”

But it’s putting fathers who mean well and love their kids in jail, because they can’t pay. Krintzman says:

And this is not daddy jail; this is real jail…what ends up happening is dads borrow money from family and friends.

And when they do get out of jail, they’ll owe even more, because child support obligations don’t stop while someone is behind bars.” To listen to the audio of the piece or to read the full interview, go to Economy gives some dads a bad rap (Marketplace, 8/21/09).

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F & F’s Holstein Discusses Paternity Fraud on the Mike McConnell Show in Cincinnati (Audio Available)

August 13, 2009

wlw Fathers and Families‘ Ned Holstein, MD discussed paternity fraud and Fathers & Families’ paternity fraud bill on the Mike McConnell Show on 700 WLW in Cincinnati (8/13/09). To listen to the audio of his appearance, click here. Fathers & Families has filed a bill in the Massachusetts Legislature to prevent the babies of fathers from being “switched’ at birth.
It calls for DNA testing in all out-of-wedlock births to determine the true paternity of children. Holstein, MD, a Harvard-educated public health specialist, persuaded the Massachusetts Medical Society to endorse the bill by pointing out the increasing importance of genetic-based medicine.

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F & F’s Holstein on NPR’s Talk of the Nation: ‘The Violence We Ignore’ (Audio Available)

July 29, 2009

NPR’s national show Talk of the Nation did an extended interview with Ned Holstein, MD based on our co-authored Baltimore Sun column The violence we ignore (7/16/09). To listen to the audio of the show, click here. NPR’s write-up is below: The Violence We Ignore NPR/Talk of the Nation, July 20, 2009 Earlier this month, football star Steve McNair was shot dead by his girlfriend in an apparent murder-suicide.
In a recent article for The Baltimore Sun, co-author Ned Holstein points out that many news sources failed to mention that this was a tragic case of domestic violence, in which the male was the victim. Holstein talks about his article, “The Violence We Ignore,” and why cases of men victimized by their wives and girlfriends are often overlooked.

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Fathers and Families’ Holstein Discusses McNair Murder on Radio in Seattle (Audio Available)

July 17, 2009

Fathers and Families‘ Ned Holstein, MD discussed the murder of former NFL star Steve McNair at the hands of his 20-year-old girlfriend on the BJ Shea Morning Experience on 99.9 KISW in Seattle (7/16/09). To listen to the audio of his appearance, click here.

Holstein and I recently co-authored a piece about the McNair murder–McNair Was a Victim of Domestic Violence (Washington Times, 7/14/09, Baltimore Sun, 7/16/09).

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Fathers and Families’ Holstein Discusses McNair Murder on Radio (Audio Available)

July 10, 2009

Fathers and Families‘ Ned Holstein, MD discussed the murder of former NFL star Steve McNair at the hands of his 20-year-old girlfriend on the Afternoon News on KFBK AM 1530 in Sacramento (7/9/09). To listen to the audio of his appearance, click here.

Holstein, MD, a public health specialist, also discussed the case on the Kevin Wall Show on KTSA AM 550 in San Antonio, Texas (7/9/09).

Holstein pointed out that while there are over 10,000 media entries on Google News for “Steve McNair,” hardly one of them is paired with the phrase “domestic violence.”

ktsa

Wall was sympathetic and asked Holstein why men hesitate to report domestic violence. Holstein explained that they are afraid of the impact a split could have on their kids, are afraid the police will arrest them, and are also ashamed and embarrassed.

wlwHolstein also discussed the McNair murder on the BJ Shea Morning Experience on 99.9 KISW in Seattle, the ‘X” Zone on the Talk Star Radio Network, the Eddie Fingers & Tracy Jones Show on 700 WLW in Cincinnati, and the Scott Sloan Show on 700 WLW in Cincinnati (7/13/09).

Holstein says:

As a result of the tendency to ignore domestic violence by women, many children are placed in the custody of violent mothers instead of non-violent, fit fathers. Yet research shows that women’s violence, like men”s, is tightly correlated with family violence injury risks to all parties– including children. Ignoring female-on-male violence undermines efforts to raise children in violence-free homes.

bjsheaHolstein, MD adds:

Many commentators are criticizing McNair because his murder revealed that he was apparently having an extramarital affair. This is another double-standard on men & DV–it”s very hard to imagine the media criticizing a married woman who was gunned down by her boyfriend.

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Fathers & Families’ Glenn Sacks Discusses Men, Fathers & the ‘He-cession’ on KGO in SF

July 3, 2009

I discussed the “He-cession” and Reihan Salam’s controversial article The Death of Macho (Foreign Policy, 7/2/09) on KGO AM 810 in San Francisco Thursday. An interview with Salam which was used as a set-up for my interview talked a lot about “Macho Men” (even playing the Village People’s “Macho Man” in the background.)

Salam spoke of the male blue-collar workers displaced by the recession as if they’re privileged males who finally (and deservedly) have been knocked down a peg or two by the economic crisis. In his article, Salam wrote:

[In recent years male-dominated governments] acted to artificially prop up macho.

One such example is the housing bubble…in the United States, the booming construction sector generated relatively high-paying jobs for the relatively less-skilled men who made up 97.5 percent of its workforce–$814 a week on average.

By contrast, female-dominated jobs in healthcare support pay $510 a week, while retail jobs pay about $690 weekly. The housing bubble created nearly 3 million more jobs in residential construction than would have existed otherwise…

These handsome construction wages allowed men to maintain an economic edge over women…subsidizing macho had all kinds of benefits, and to puncture the housing bubble would have been political suicide.


I told KGO that blue-collar breadwinner males aren’t “macho men” or privileged, powerful men, but instead men who are sacrificing by doing hard labor so they can better provide for their wives and children. Salam implies that the men were being artificially subsidized and that they weren’t deserving of the better wages they earned compared to “female-dominated jobs in healthcare [and] retail.” I explained:

Construction workers earn more because their work is dangerous–I’ve been a construction worker, and I know. If you want someone to do hard, dangerous labor, you need to pay them more to do it, regardless of gender or any other factor.

KGO’s Rosie Allen asked me about men being willing to “accept” not being breadwinners. I replied:

Men being valued as breadwinners isn’t some conspiracy men dreamed up to keep themselves in power. Ask the average guy working long hours to provide for his family if he feels “privileged” and I doubt he’ll answer “yes.”

Gender roles have been converging and this economic crisis is speeding up the process. I’m not a particular proponent of the male breadwinner model, but if we’re going to convert from that model to the dual earner / dual caregiver of children model, it will require some changes from women, too.

We always talk about how men have to change, but women will have to change what they value in men. I’ve been a successful professional and I’ve been a stay-at-home dad, and there’s one thing I can tell you without a doubt—men who aren’t capable of earning a living aren’t respected, either by men or by women.

When I was asked about inequalities and discrimination harming women, I replied:

If we’re going to talk about inequality and gender, let’s start with what is by far the greatest gender inequality in our society—the way mothers are favored over fathers in child custody. Millions of men were good fathers and thought they were good husbands, but as soon as their wives decided they didn’t want them around anymore, their role in their children’s lives was drastically reduced if not terminated.

I don’t see it as a discrimination issue in particular, since I see it above all as a children’s issue—children’s right to have their relationships with both parents protected after a  divorce or separation. But if you want to talk about gender inequality / discrimination, the line starts with child custody.

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Fathers & Families’ Holstein Criticizes Obama’s Father’s Day Speech on Sporting News Radio

June 20, 2009

Fathers & Families” founder Dr. Ned Holstein appeared on the Samantha Clemens Show on Sporting News Radio AM 1510 The Zone in Boston on June 20. Holstein asserted that equal treatment for fathers in family court is the most important solution to the problem of fatherlessness. It doesn’t cure the problem if the dad is truly irresponsible, but it’s the best place to start. Holstein also criticized Obama’s new Father’s Day speech, saying “Dads don”t want to be chastised on Fathers Day–save it for another day.” Holstein explained that “Responsible Fatherhood” programs Obama supports won’t be truly effective until fathers are treated fairly and equally in family court–a formerly irresponsible dad can be spiritually transformed but still locked out of this children’s lives. One of the callers was a likeable dad who was refused shared physical custody, then suffered a move-away and Parental Alienation–a dad with a lot of pain, kids with pain who cannot be heard, and a court system that is empowering a mother to carry out her worst, vindictive impulses. The solution for the kids? Fairness and equality for fathers.

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Holstein in Lawyers Weekly: ‘Restraining orders are used to keep innocent men from their kids’

May 18, 2009

David Yas, the publisher of the Massachusetts Lawyers Weekly and other legal publications, quoted Fathers & Families’ Ned Holstein MD, MS on restraining orders in his recent column “Domestic violence: out of the frying pan” (5/4/09).

In the article, which is only available to subscribers, Yas revealed that he is unfamiliar with domestic violence research and was skeptical about what researchers have overwhelmingly concluded–women are at least as likely to attack their male significant others as vice versa, and women’s (and men’s) domestic violence is generally not in self-defense.

Yas also seemed to confuse Holstein’s correct assertion that women commit at least as much DV as men with the impression that men suffer from DV as much as women. This is not true–about a third of domestic violence injuries are suffered by men. Women balance the scales through use of weapons and the element of surprise, but as a whole they still sustain more injuries.


Yas quoted Lydia Watts, executive director of the Victim Rights Law Center, as saying there is no epidemic of women fabricating tales of domestic violence–“I have heard thousands of victims’ stories and barely ever doubted one.” Of course, the fact that an ardent domestic violence advocate “barely ever doubted one” is very much a symptom of the problem–women are believed, no matter how weak the evidence and how much advantage they may stand to gain from lying.

Holstein’s response to Yas was published in the Massachusetts Lawyers Weekly–“Chairman of fathers” group seeks to set record straight” (5/18/09). Holstein wrote:

In his May 4 column, “Domestic violence: out of the frying pan …,” David Yas deserves credit for opening up the topic of domestic violence, but he misses some key points.

First, Fathers & Families is not a “fatherhood rights group.” We do not support any special rights for fathers. We explicitly endorse gender equality in all aspects of public life and have also supported the parenting rights of non-biological lesbian moms. Thus, it is hard to figure out how Yas gets to “Ureneck and Holstein … may even be downright sexist.”

Yas repeatedly associates me with statements by Joseph Ureneck and Mark Charalambous, with which I disagree.

Yas does not seem to understand why Fathers & Families cares about domestic violence law. The reason is that we are fit and loving fathers, and we simply want to be allowed to continue our loving relationships with our children after separation or divorce. Restraining orders are being used to keep more and more innocent men away from their children.

Yas does not seem to understand why civil libertarians should be alarmed by domestic violence law. A criminal act – domestic violence – is relabeled a civil offense, thereby stripping the defendant of all the protections available to criminal defendants. The “defendant” is summarily “convicted” and then pays a fearsome price: instant eviction, loss of access to and control of his assets, and enforced separation from his children.

Every judge or attorney I have ever asked confidentially estimates the rate of false allegations of domestic violence at 20 to 80 percent where a home, child support or custody of children is at stake, yet almost all allegations are endorsed by the courts. It was in this context that I told Yas that “we will look back on this as an embarrassing era,” reminiscent of the McCarthy years.

I am not alone in my concern. Many prominent family law professionals have expressed similar concerns, including Elaine Epstein, former president of the Massachusetts Bar Association, the Family Law Section of the California bar and the Illinois Bar Journal.

Yas mistakenly implies that Fathers & Families opposed the appointments of judges Laurie MacLeod and Sydney Hanlon. We did not. We lacked reliable information about how Hanlon conducted her domestic violence special court. But, in general, such courts have not shown excessive regard for civil liberties and due process. If this has been true of Hanlon, then civil libertarians have much to fear from her appointment to the Appeals Court, where she will rule on many kinds of civil liberties, not just those involved in domestic violence cases.

Lastly, as a specialist in public health and a former academic researcher at Mount Sinai School of Medicine, I am well versed in domestic violence research. It shows that perpetration by men and women is about equal, and that one-third of the significant injuries are sustained by men. Readers can look for themselves at 247 scholarly investigations at http://www.csulb.edu/~mfiebert/assault.htm. After looking at this bibliography, readers will disagree that my views “simply defy reason.”

To write a Letter to the Editor of the Massachusetts Lawyers Weekly, write to Henriette Campagne at henriette.campagne@lawyersweekly.com. Please keep the letters short and to the point.