View Full Version : Does A Child Have The Right To Be Raised By Both Parents?



jacodenn
09-14-2008, 11:56 AM
I would like to know your thoughts on whether or not a child has a right to be raised by both parents?

Thank you for your inputs.

Dennis
Oklahoma City

Typical Human Services Response - Children Need Both Parents (http://cnbpinc.ning.com/video/video/show?id=2066027%3AVideo%3A2410)

Oh GAWD the Smell!
09-14-2008, 12:19 PM
No.

Because it could possibly infringe on my right to happiness. :P

PennyQuilts
09-14-2008, 01:40 PM
I don't think they have the absolute legal "right" to be raised by both parents because some parents are dead, incarcerated, unknown, abusive (and that would include someone with an out of control substance abuse problem or is certifiably mentally unstable even if they haven't actually harmed the child), not living in the same locale or something like that. For what it is worth, I think a child should be able to have a relationship with a mentally stable, law abiding parent who is willing to be involved in the child's life.

Parental alienation is a horrible thing. One parent should not undermine the relationship of the child with the other parent just because they don't like that other parent. It is one thing to protect your child from an abuser. It is another thing to simply want to kick the other parent out of the child's life because the custodial parent hates him/her. Plenty of really, really crappy mates are excellent parents. Of course, it comes down to facts. Invariably, the custodial parent couches things in terms of the noncustodial parent being abusive or neglectful and insists they are only protecting the child. Sometimes they are, sometimes not. Depends on the circumstances. That is what I think, for what it is worth.

PennyQuilts
09-14-2008, 01:43 PM
Oh, just watched the video.

I feel so sorry for that little boy.

Dana
09-14-2008, 02:03 PM
I would like to know your thoughts on whether or not a child has a right to be raised by both parents?

Thank you for your inputs.

Dennis
Oklahoma City

Typical Human Services Response - Children Need Both Parents (http://cnbpinc.ning.com/video/video/show?id=2066027%3AVideo%3A2410)

I would like to know who you mailed that to that you could get it on the news I would love to do that myself.

Dana
09-14-2008, 02:10 PM
I definately think you have the right I know you weren't asking for the dead beats and the druggies etc. I guess the others don't know you like I do you would not want a child to be in the hands of a bad parent.

Dana
09-14-2008, 02:13 PM
No.

Because it could possibly infringe on my right to happiness. :P

Not a very compassionate reply to a good man who is in pain over the ordeal with his son. That is what is wrong with this world today nobody truely cares about anybody anymore they only think of themselves and how much is in it for them. Be it money, power, etc.

jsibelius
09-14-2008, 03:13 PM
No. A child does NOT have a RIGHT to be raised by both parents. A child has a right to be raised in a safe environment. That does not always include both parents. That might be the ideal environment for raising children, but a "right?" No.

Dana
09-14-2008, 03:59 PM
No. A child does NOT have a RIGHT to be raised by both parents. A child has a right to be raised in a safe environment. That does not always include both parents. That might be the ideal environment for raising children, but a "right?" No.

That is what he means a safe environment #1 by both parents #2

jsibelius
09-14-2008, 04:17 PM
That is what he means a safe environment #1 by both parents #2

I can't watch the video b/c my computer's too old. All I can do is respond to the question as asked. Even so, I still say "no." It's ideal to have both parents, but not a "right." There can be a lot of intervening reasons why both parents are not in the picture, not all of which have to do with either side being at fault, incarcerated, or dead.

Oh GAWD the Smell!
09-14-2008, 04:56 PM
Not a very compassionate reply to a good man who is in pain over the ordeal with his son. That is what is wrong with this world today nobody truely cares about anybody anymore they only think of themselves and how much is in it for them. Be it money, power, etc.

I wasn't speaking to him directly, I was answering the question. Lighten up Francis.

Karried
09-14-2008, 06:20 PM
What a sad story.

Children have the right to be in a safe protected environment and to have their basic needs met... they don't really have 'rights' per say - they're usually too young to know what is 'good' for them ..

'Does a Child have a right to eat ice cream endlessly? ' no, because it's bad for them. 'Does a child have a right to live with a crackhead mom?' no, because it's bad for them.

If you asked 'does the parent have a right to raise their child' that's a different question and depends on the circumstances.

I don't feel like any custodial parent has the right to keep a child from the other parent (it's usually an effort to punish the other parent) but it also depends on the circumstances... if the other parent is abusive or neglectful, then no, the child doesn't need to be exposed to that situation at all.



Situations like this only make me believe even more strongly in the idea that people shouldn't get married and have kids until they know for sure they want to spend the rest of their lives with this person and know that this person will make a wonderful parent.


If your girlfriend/wife is a raving lunatic ( who is vindictive enough to keep you away from your children), then don't have kids with her.

If your boyfriend is a violent criminal and tries to kill you, don't have kids with him.


I know I don't sound very compassionate right now, and yes, people do make mistakes.. but what bothers me the most is that the children are in such pain and turmoil over something they have no control over. It's so discouraging.

PennyQuilts
09-14-2008, 08:27 PM
Thank you, Karried. You always are so sensible.

jacodenn
09-15-2008, 09:56 AM
Oklahoma Statutes Citationized
Title 43. Marriage
Section 110.1 - Policy for Equal Access to Minor Children by Parents

"It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. To effectuate this policy, if requested by a parent, the court shall provide substantially equal access to the minor children to both parents at a temporary order hearing, unless the court finds that such shared parenting would be detrimental to such child. The burden of proof that such shared parenting would be detrimental to such child shall be upon the parent requesting sole custody and the reason for such determination shall be documented in the court record."

(OSCN Found Document:Policy for Equal Access to Minor Children by Parents (http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=104214))


Comments?

Dennis
Oklahoma City

StepMomster
09-15-2008, 11:07 AM
Yes, I do believe a child has a right to be raised by both FIT parents.

I don't believe anyone should have the right to make the decision for the child and while I do understand that people change, feelings change, parents are always parents, even after divorce.

But so many parents cannot set their differences aside, not even for their own children and to me that is just flat out wrong!

I was raised in a one parent household by my mother... some of the time, when I wasn't raised by my grandparents or aunt. While I wouldn't trade my family for the world, it still does not make up the fact that they and they alone drove my father away and that isn't easy for me to know as an adult and it sure wasn't any easier as a child.

I'm thirty years old, my father was pushed out of the picture when I was around four. I can still remember to this day the color of my mother's coat she wore into the emergency room when my father beat her in a parking lot causing her too need stitches. While I don't think there is any excuse for his behavior, it did not justify the fact that my family ran him off. It did not justify the fact that I had to wait until I was an adult to met my father.

Why should children have to wait until they're adults to met the person who makes up half of who and what they are?

It is not right and that burden shouldn't be placed on any child for any reason. But if parents cannot set their differences aside for the best interest of their own child/ren, then maybe they should leave the decision to the child to be made when he or she is an adult because regardless of how you look at it parents together make up the child as a whole and when one is gone a piece of that child is gone.

So ask yourselves this... as an adult, how would you like to wondering why your hair is curly or why your eyes are blue? How would you like to know you have a child you do not know? It isn't any different for those of us who had to grow up not knowing a parent. But worst is the fact that we as children are given no choice. We are simply left to live the lives that others dictate to us until we are old enough to change them for ourselves and to me that is the saddest thing anyone can do to a child.

~Dee~

Karried
09-15-2008, 11:32 AM
We are simply left to live the lives that others dictate to us until we are old enough to change them for ourselves and to me that is the saddest thing anyone can do to a child.

Although I feel for your plight, that is by far not the 'saddest' thing to happen to a child.

Some of the 'saddest' things that have happened to children were by the hands of their own stupid parents.

Many children are abused and killed by biological parents who shouldn't have been in the picture to begin with.

Sometimes it's better to keep the parent away from the child until they get their stuff together.



I can still remember to this day the color of my mother's coat she wore into the emergency room when my father beat her in a parking lot causing her too need stitches. While I don't think there is any excuse for his behavior, it did not justify the fact that my family ran him off. It did not justify the fact that I had to wait until I was an adult to met my father.

Judging by that post, I'd say you should be thanking your lucky stars that your mom protected you the way she did, probably at a great sacrifice.

Midtowner
09-15-2008, 11:40 AM
So ask yourselves this... as an adult, how would you like to wondering why your hair is curly or why your eyes are blue? How would you like to know you have a child you do not know?

Dee, if my father was beating up my mother, the origin of my DNA would be among the least of my worries.

Do you think that as a 4-year-old, you were qualified to make decisions regarding who your custodial parent should be?

kmf563
09-15-2008, 11:40 AM
I believe a child has the right to as much of a stable nurturing environment as possible. Sometimes that does not include one or both parents. Sometimes the child's best interest can be found with grandparents or foster parents. Especially in cases of mental, physical, emotional, sexual, and/or drug and alcohol abuse.

I do believe however that when two people divorce that does not mean the child should have to choose one or the other parent. The child should also not be included in the battle. Of course they are going to know what's going on and when they ask questions you should answer them as openly and honestly as possible with tact.

As a child, my mother and father divorced when I was only 2 years old. My mother allowed me to spend summers with his parents and family. I loved knowing them and spending time with them. Even though I never saw my father, I still felt like I knew where I came from knowing his family. It was his choice to not spend time with me, not my mother's. But I couldn't force him to be with me.

When I went through my divorce, I knew how much knowing both families would mean to my child. Sure I would have much rather just walked away from his father and never had to speak to him again, but I didn't. I pulled my big girl panties up and worked out a schedule that we could agree on. We divorced 8 years ago and to this day he has his son every Saturday night. Sometimes both weekend nights, sometimes he skips for work or out of town trips, but not often. My son spends a lot of time with his family and friends. I never say anything negative about his father in front of him. We all have dinner together to celebrate his birthday and everyone stays pleasant. It can work.

I also want to say though that I disagree with the tactics used in the video and the ads in the mail. How embarrassing for that child! How many questions do you think he has to answer at school? It's stressful enough when a child goes through a divorce without making it a public fight. What is it to accomplish? It won't change a judge's mind. It won't make the kid feel better about the situation, all it will do is make the child feel responsible for the situation and probably make the mom mad as hell. She evidently isn't the kind to work with you in the first place, this isn't going to help her. Fight it out in court with a good attorney, they are out there and that's what they are for.

jacodenn
09-15-2008, 11:54 AM
Midtowner,

When I was about 4 or 5 years old, I stood before my Mother and Step-Father beside the breakfast nook in the kitchen. My Step-Father had just beat the holy crap out of Mother. Her face was covered with blood. Do you know what they asked me? Who did I want to live with?

Know what happened? I ended up in Foster Homes. As much as I hated Foster Homes (except for one), Children's Homes, etc., it probably saved my life.

What I have found interesting about some of the responses is that some folks have added some "situations." The question does not assume fit or unfit parents...only if a child has the right to be raised by both parents.

Being the law student that you are, I bet you could cite all the Statutes regarding this...yes?

Dennis
Oklahoma City

Midtowner
09-15-2008, 12:12 PM
Midtowner,

Being the law student that you are, I bet you could cite all the Statutes regarding this...yes?


Dennis,

I try not to express anything on this thread that anyone could take to the bank as me advocating for someone to do something (other than that they should hire a lawyer). That's why most of my posts here are questions (because I really want to know where people stand on certain things).

The thing is that for law students to give anything resembling legal advice over the internet is bad joojoo (that's the legal term, I think).

Now, do I have an opinion here? Absolutely. Do I know this stuff fairly well? Sure do. Can I tell you anything about it on okctalk? I'd be smarter to take a claw hammer to my head :)

I might be inclined to discuss facts and credibility, but I try to draw the line at discussing the law.

StepMomster
09-15-2008, 12:20 PM
Dee, if my father was beating up my mother, the origin of my DNA would be among the least of my worries.

Do you think that as a 4-year-old, you were qualified to make decisions regarding who your custodial parent should be?

I didn't say at four I was qualified, but neither was my mother who was angry, hostile, and vindictive. The qualities which DO hurt children more than physical abuse.


Although I feel for your plight, that is by far not the 'saddest' thing to happen to a child.

Some of the 'saddest' things that have happened to children were by the hands of their own stupid parents.

Many children are abused and killed by biological parents who shouldn't have been in the picture to begin with.

Sometimes it's better to keep the parent away from the child until they get their stuff together.

Judging by that post, I'd say you should be thanking your lucky stars that your mom protected you the way she did, probably at a great sacrifice.

How do you feel my plight? Your parents divorced and used you as the rope of their personal tug-of-war too?

But like many, my mother has managed to make it look like SHE was the one that made a sacrifice where she didn't. It's easy to say my father was abusive, even though the only person he ever hit was my mother and it's not like she didn't hit him, but I guess that doesn't count. Just like years of being moved around doesn't matter because my mother was running from my father, who mind you lived four states away! What about the fact that my mother would take me to new schools under the pretense that my father was trying to kidnap me when in fact it never happened?

The fact remains that too many parents allow their own feelings get in the way. Too many are going off feelings of rejection and far too many are simply looking to "get even".

So while I do agree that there are stupid parents, intelligence doesn't have any baring on who is a parent and who is not because quite frankly some of the dumbest people I know are good parents.

So my mother's perception of things doesn't make her a good parent any more than sticking feathers up my butt makes me a chicken.

But that is MY opinion as I see it from what I've gone through my entire life and until you've walked a mile in my shoes, you have no right to pass judgment on my parents or myself, period.

~Dee~

jacodenn
09-15-2008, 12:21 PM
I also want to say though that I disagree with the tactics used in the video and the ads in the mail. How embarrassing for that child! How many questions do you think he has to answer at school? It's stressful enough when a child goes through a divorce without making it a public fight. What is it to accomplish? It won't change a judge's mind. It won't make the kid feel better about the situation, all it will do is make the child feel responsible for the situation and probably make the mom mad as hell. She evidently isn't the kind to work with you in the first place, this isn't going to help her. Fight it out in court with a good attorney, they are out there and that's what they are for.

I had an Attorney...a very lousy, unethical Attorney as it turned out. Took my money and ran...literally. Can't even find him in the phone book anymore. I was left to my own devices and limited funds. I was very grateful that KFOR decided to run the story. As a matter of fact, the postive responses far outweighed the negative. The story needed to be told and continues to be told today. It was for my Son that I came up with the Flyer, because he had indeed come up missing from my life and I his (by a malicious and alienating mother).

You may see myself and others out on the street corner with our signs and banners trying to educate the public.

As far as I am concerned, there are some Judges (as well as OKDHS employees/caseworkers) that haven't got a clue what they have done when handing down their decisions. Thankfully, there are some that really do have the Child's Best Interest at heart...and decide accordingly.

BTW...I do have a new Attorney now.

Dennis
Oklahoma City

jacodenn
09-15-2008, 12:26 PM
Midtowner,

I do understand...I really do. If there was any way I could go back to College, I would. And I would most certainly enter the field of Family Law. But, that's not even in the realm of possibilities.

I sincerely wish you the best in your final semesters and the best of results on your Bar Exam.

Dennis
Oklahoma City

Karried
09-15-2008, 12:55 PM
How do you feel my plight? Your parents divorced and used you as the rope of their personal tug-of-war too?


uh yeah, they did. My dad cut off my mom's thumb while trying to stab her in the chest. She put up her hand to prevent it. This happened at my birthday party when I was 8 years old,

Happy Birthday to me.

But, I don't feel sorry for myself one bit .. I'm grateful to my mom for leaving a horrible abusive relationship and not being a pansy, she did the right thing instead of sticking it out and letting herself and her kids get the crap beat out of them. She was petrified but she did what a lot of parents don't do.. they don't protect an innocent child.

I'm not passing judgement on you .. I'm responding to what you are writing on a public message board about an abusive father beating the crap out of your mother and then complaining because you didn't get to live with this man.

jacodenn
09-15-2008, 01:12 PM
( I had already edited my post when you wrote this .. reason, hastily typed and rethought my choice of words - I agree with you - Karried)

Aside from what has been said on this forum as well as others, that's not a bad suggestion.

I would venture a guess and say that most of us that have persevered through tragic circumstances and situations have resorted to "journaling" of some form before the Internet came of age.

How many outlets are there now for people to share there experiences...couldn't even count them all would be my bet.

To me, the most important thing to do in times of crisis is share your feelings, your thoughts. That is so much better than holding onto it waiting for the valcano to explode.

Dennis
Oklahoma City

PennyQuilts
09-15-2008, 01:59 PM
To me, the most important thing to do in times of crisis is share your feelings, your thoughts. That is so much better than holding onto it waiting for the valcano to explode.

Hmmm. When I was younger, I used to buy in to that but I don't anymore. I have found that in times of crisis, the last thing anyone really needs is a discussion of feelings. You can discuss feelings after the fire has been put out.

Moreover, when it comes to kids, staying calm may be the best thing you can do for them. I have seen so many children put through the blender because their parents are more focused on their own feelings than their responsibilities to their children.

I also used to buy into the idea that you have to "get it out" to keep from exploding. Now, I think that is based on a false premise that I wish had never been dumped into the public domain. Not everyone explodes if they aren't given the opportunity to spill their guts. And a lot of people want to hold the rest of the world (or at least their mate or family) hostage to their diatribes with what amounts to emotional blackmail - i.e., listen to me or watch me blow.

Go work out at the gym or (and this is traditional) scrub the kitchen floor if you are ready to explode. After you calm down, THINK about what you need to do. Make decisions when you are calm. Follow through with changes instead of reacting to your feelings and just staying in the same old relationship gerbil wheel. Emotions have a physical component and you end up dumping stress hormones into your system when you feel under attack - how many of us have spilled our guts to get it out and lived to regret hurting the people around us? And making NOTHING better.

It isn't about spewing to keep our emotions in check. It is about using our brains to make good decisions so we don't place ourselves and our children, repeatedly, into situations where our emotions are guaranteed to try to overflow their banks.

TaoMaas
09-15-2008, 02:24 PM
I also used to buy into the idea that you have to "get it out" to keep from exploding. Now, I think that is based on a false premise that I wish had never been dumped into the public domain. Not everyone explodes if they aren't given the opportunity to spill their guts. And a lot of people want to hold the rest of the world (or at least their mate or family) hostage to their diatribes with what amounts to emotional blackmail - i.e., listen to me or watch me blow.

I think the idea of expressing feelings is good, but it's the way many people go about it that screws things up. I agree that it's often best to wait until you calm down before speaking. Too many people disguise cruelty as "speaking their mind", IMHO.

jacodenn
09-15-2008, 02:27 PM
East Coast Okie,

Or, we could do like they did in the 40's, 50's and early 60's and load up on barbituates and tranquilizers. Or, we could start making weekly visits to a Therapist. Or, we could go out and hit a ton of tennis balls. Gollygeebeegeebers, just who does have the magical solution? My, my, my, there are just soooooo many jellybeans to choose from.

I'll be completely honest with ya here East Coast Okie, as far as my situation is concerned, it could all be resolved in less than a minute...if only my Son's mother would stop playing God and rejoin the human race. It really is that simple.

Several months ago a fellow poster on here advised me to "stop my bellyaching and get a lawyer"...advise which you agreed with. Being somewhat semi-retired it has taken me these past several months to have enough to get a new Attorney, which I have done.

But ya know, when it is all said and done, I won't have any regrets as to anything I have done or said and I will continue to be at the forefront trying to help NCP's wherever and whenever I can.

Dennis
Oklahoma City

StepMomster
09-15-2008, 02:30 PM
uh yeah, they did. My dad cut off my mom's thumb while trying to stab her in the chest. She put up her hand to prevent it. This happened at my birthday party when I was 8 years old,

Happy Birthday to me.

But, I don't feel sorry for myself one bit .. I'm grateful to my mom for leaving a horrible abusive relationship and not being a pansy, she did the right thing instead of sticking it out and letting herself and her kids get the crap beat out of them. She was petrified but she did what a lot of parents don't do.. they don't protect an innocent child.

I'm not passing judgement on you .. I'm responding to what you are writing on a public message board about an abusive father beating the crap out of your mother and then complaining because you didn't get to live with this man.

In your case your mother did the right thing, but please take note that I never once said my mother left. In fact, it was my father who grew tired of my mother's behavior and left. I don't think I would call her a pansy, but fear had nothing to do with it as she wasn't afraid, she was angry and woman can pull off a lot given the right amount of anger and hostility, at least in my opinion. But for her to choose to protect me when there's was nothing to protect me from... that's a bit ass backward.

Lastly, I didn't "complain" about not living with my father. In fact I don't believe I even mentioned where or with whom I lived. But the fact remains that the ONLY reason my mother cut my father out of my life was purely out of spite, nothing more and nothing less. I know, I was there and the situation was a lot different than yours.

So maybe passing judgment wasn't the right words to use, I apologize, however going off a few sentences and assuming that my mother "sacrificed" anything and that it didn't hurt me, IS my point. You formed an opinion based upon your experience, which we all do, but all of our experiences are different.

In your case there was a truly abusive man and your mother did protect you, but that is not to say that every situation is cut from the same cookie cutter because they aren't. That is the point I try to make is that we all need to keep in mind that every situation is different and just because we didn't experience it doesn't mean these things don't exist or that they don't happen.

So I apologize for getting bit on edge, however as the only child that grew up in that situation there is no justifying what my mother or father did because the only person it effected in the end was me. I don't cry about it, feel sorry for myself, and in fact I rarely think about it. But when I see good fathers cast aside because their ex has a fart stuck cross ways, it tends to tick me off because of what the child is going to be put through.

~Dee~

PennyQuilts
09-15-2008, 04:32 PM
So I apologize for getting bit on edge, however as the only child that grew up in that situation there is no justifying what my mother or father did because the only person it effected in the end was me. I don't cry about it, feel sorry for myself, and in fact I rarely think about it. But when I see good fathers cast aside because their ex has a fart stuck cross ways, it tends to tick me off because of what the child is going to be put through.

~Dee~

I don't know how my own kids survived me. :( Like a lot of young parents, I sometimes thought I knew it all - certainly more than their dad did (by that, I mean that I THOUGHT I knew more). The good part was that it never occurred to me to try to undermine his role even when I was absolutely sure, in my infinite wisdom, that the man was an idiot. :) I see a lot of parents who undermine the other parent without giving it a second thought. Dee you are correct - the child is the one who ends up paying the price.

StepMomster
09-15-2008, 04:52 PM
Dee you are correct - the child is the one who ends up paying the price.

Thank you SO much for that East Coast Okie, as that was really my only point, which somehow got lost along the way. lol.

I just wish parents could forget for one minute that they don't like one another and remember that they are forever obligated to do what's best for their children despite their own personal feelings and just agree to disagree.

All of us here likely feel that children deserve to have BOTH FIT PARENTS, as the topic didn't imply one was abusive, deadbeat, incarcerated etc. It simply was referring to parents who don't have their heads up their butts.

Out of all the people I know that have been divorced and that have children I only know one who's parents set their difference aside to make their children's lives everything they should be and were intended to be before things changed for their parents. But when dad leaves mom, mom feels rejected and gets angry in the end she wants to get even. Not to say the same thing doesn't happen when a woman leaves a man, but it still boils down to the fact that children in those situations are being caught between two adults acting like children and it's not fair because THEIR feelings have not change and they still love, want and need their mom and dad. I know I did despite the stupid stuff they did and drug me through

So thank you for that East Coast Okie because children do wind up getting hurt when their parents fail to realize that while their relationship with one another is over, the relationship with their children never is! That truly is to death do you part because children are forever.

~Dee~

Karried
09-15-2008, 09:44 PM
Okay Stepmomster, I can see your point your view.. I'm sorry if I rushed to judgement.

I did assume that your mom took you from your father to protect you from abuse... your one sentence about him beating her until she needed stitches comes to mind..

I guess from my personal experience, if a man can beat up a woman, it's not a stretch that he can beat a child, but like you said, I don't know the whole story, no one ever really does.

I agree, in divorce and custody cases, the children usually do get screwed over.

But in physically abusive cases like this, you have to err on the side of caution and safety. If your mom felt and thought that this man was dangerous, then maybe she did what she had to do to protect you?

It just seemed logical to me that she feared for her safety and for yours as well based on what you wrote.

But, I'll concede, children are usually the innocent pawns in these situations..and it is very sad.

jacodenn
09-16-2008, 03:32 AM
According to OKDHS, OAC 340, Chapter 75, Section 3, Definitions:

"Abuse" means harm or threatened harm to a child's health, safety, or welfare by a person responsible for the child's health, safety, or welfare, per 10 O.S. Section (§) 7102.

"Neglect" means a situation in which a PRFC either deliberately or through exceptional lack of attention to the child's basic needs causes the child to suffer emotionally or physically. Neglect involves either a chronic, long-standing problem that impacts several aspects of a child's life or is so severe that it is life-threatening.

"Mental injury - emotional abuse or neglect" means an injury to the child's intellectual or psychological capacity:

(A) as evidenced by observable and substantial impairment in the child's ability to function within the child's normal range of performance and behavior with regard to the child's culture; and
(B) resulting from a pattern of cruel or unconscionable acts upon the child, or statements made or permitted to be made to the child, or within the child's environment, by the PRFC.

PRFC = Person Responsible for Child

Question: Is the act of "alienating" abuse?

Dennis
Oklahoma City

PennyQuilts
09-16-2008, 04:49 AM
Dennis, where I work they are generally treated as different although most of us see that by unreasonally alienating a child from a parent, the child will suffer as a result. Alienation generally comes up in the context of a custody dispute rather than abuse and neglect. Not every bit of poor parenting falls within the definition of A & N, in fact, most of it doesn't. There are always going to be crappy parents but you have to cross a bright line for that to constitute A or N.

In a custody situation, parenting is front row center on what the case is about so alienation is more on point. As between two parents, a good one and a bad one, the court is going to be strongly inclined to place the child with the "good" parent although it has to consider many other things in a closer call. The courts don't like to disrupt a child by changing households unless the child is not thriving. If the parents don't get along/won't get along, sole custody is frequently granted to the custodial parent even if the noncustodial parent is not really too bad. It is more of a question of they just won't play well together and the court is not going to put a child in the middle of two grown up who argue, constantly.

In contrast, in an A & N situation, the contest is frequently between the state and the parent. The parent, even a crappy parent, will win, most of the time. To hear some threads, this is not true but I stand by it. The vast majority of times, when DHS is called in, they do an investigation, don't see much beyond poor parenting and then just go away.

Parental alienation can rise to the level of emotional abuse and I have seen that happen. Still, unless the custodial parent is stark raving mad, DHS rarely gets involved because it can't really offer much of a remedy. The proper course of action is for the noncustodial parent to bring a custody case.

Not long ago, I had a visitation case in which the alienation was so bad that I let the parents know that if the noncustodial parent didn't file for custody, I would go to DHS to at least attempt to get a protective order. In that case, the child was being emotionally abused by the custodial parent as a means to an end to lash out at the former partner. It was along the lines of, "You are such a horrible parent and person that even your child hates you, don't you honey?" Only worse. The child had become so unreasonably fearful of the noncustodial parent and was so traumatized by the way the custodial parent had been handling things that he was wetting the bed, wouldn't sleep in his own bed (no connection), was afraid the noncustodial paorent would kidnap him, was afraid to go to school, would lock himself in the car and refuse to come out, would have to call the custodial parent multiple times a day and get hysterical if he wasn't allowed to call immediately, no matter where or when, etc. The child was being emotionally crippled by the custodial parent.

Once the case was in custody court, DHS (actually, the equivalent in my jurisdiction) was properly hands off because the judge could properly do what needed to be done in the context of the custody case.

jacodenn
09-16-2008, 05:20 AM
East Coast Okie,

Pretty much everything you just posted is right on target, especially with regards to DHS (in 'my" experiences).

I'd like to continue this...but I gotta head out to work.

Thanks,

Dennis
Oklahoma City

StepMomster
09-16-2008, 09:17 AM
Okay Stepmomster, I can see your point your view.. I'm sorry if I rushed to judgement.

I did assume that your mom took you from your father to protect you from abuse... your one sentence about him beating her until she needed stitches comes to mind..

I guess from my personal experience, if a man can beat up a woman, it's not a stretch that he can beat a child, but like you said, I don't know the whole story, no one ever really does.

I agree, in divorce and custody cases, the children usually do get screwed over.

But in physically abusive cases like this, you have to err on the side of caution and safety. If your mom felt and thought that this man was dangerous, then maybe she did what she had to do to protect you?

It just seemed logical to me that she feared for her safety and for yours as well based on what you wrote.

But, I'll concede, children are usually the innocent pawns in these situations..and it is very sad.

No apology necessary as I don't tend to write things as clearly as they appear in my head. lol.

After re-reading what I wrote I can see where it would appear somewhat confusing, I just didn't want you to think it was a pure case of abuse with my parents because it wasn't, it was a love hate relationship... they just loved to hate one another. But the fact that my mother instigated so much combined with the fact that it was my father who left and my mother who didn't, speaks volumes about them both.

Had it been me, I would have taken my child and left, but I don't think I would have severed contact between my child and his or her father either. Hard to say considering I've been lucky enough to never be placed in the situation. But when a woman is abused by her husband, and the HUSBAND leaves, it tends to make the mothers actions afterward a bit redundant at best.

Anyway, thanks for letting me clear that all up and again, sorry for getting my panties in a bunch ;-)

~Dee~

jacodenn
09-17-2008, 03:59 PM
http://i243.photobucket.com/albums/ff290/jacodenn/KIDSNEEDFATHERS.gif

I went to my Son's school today. Spent some time out on the playground with all the children. Don't children realize that some of us adults/parents are well beyond our Monkey Bar years? LOL! After recess it was off to the Cafeteria for Chili Mac...yummy. What...no Hot Sauce?

My Son informed me of a few things that I am not able to repeat here (you targeted parents can probably guess). I reassured my Son that Dad is taking care of things. After several hugs and kisses and another good-bye, I made my way to the Office.

The Principal was not in today, so the school Counselor assisted me. She escorted me back into her office and presented me with the "Official File" containing three years worth of "papers." I believe there were less than 10 pieces of paper in this "Official" folder (standard letter size manila folder with my Son's name written on the tab).

I asked the Counselor if she saw any "Court Order" in the folder? She said "No." Just to make sure that I didn't misunderstand, I asked, "This IS the 'Official' school file, yes?" She replied, "yes."

Then I saw it! Nope, not the Court Order, but the "School Enrollment Form 2008-2009." It is signed and dated by the BM/CP on March 13, 2008. Below MY standard personal information (I am Parent/Guardian 2 according to this Official School Form) the BM/CP wrote, "cannot take from school until further notice."

And as Emergency Contacts, the BM/CP listed her 78 year old Mother (my Son's Grandmother), and her (the CP's) first ex-husband. So as not to confuse anyone, I am the second ex-husband.

Question...where is the Court Order that states I cannot pick up my Son from his school?

Round 4 about to get underway...

Dennis
Oklahoma City

PennyQuilts
09-17-2008, 06:09 PM
I see this all the time. I don't know what the underlying order regarding custody or visitation has to say - and don't need to know. That is all I have to say on the subject.

Dana
09-17-2008, 07:03 PM
Hmmm. When I was younger, I used to buy in to that but I don't anymore. I have found that in times of crisis, the last thing anyone really needs is a discussion of feelings. You can discuss feelings after the fire has been put out.

Moreover, when it comes to kids, staying calm may be the best thing you can do for them. I have seen so many children put through the blender because their parents are more focused on their own feelings than their responsibilities to their children.

I also used to buy into the idea that you have to "get it out" to keep from exploding. Now, I think that is based on a false premise that I wish had never been dumped into the public domain. Not everyone explodes if they aren't given the opportunity to spill their guts. And a lot of people want to hold the rest of the world (or at least their mate or family) hostage to their diatribes with what amounts to emotional blackmail - i.e., listen to me or watch me blow.

Go work out at the gym or (and this is traditional) scrub the kitchen floor if you are ready to explode. After you calm down, THINK about what you need to do. Make decisions when you are calm. Follow through with changes instead of reacting to your feelings and just staying in the same old relationship gerbil wheel. Emotions have a physical component and you end up dumping stress hormones into your system when you feel under attack - how many of us have spilled our guts to get it out and lived to regret hurting the people around us? And making NOTHING better.

It isn't about spewing to keep our emotions in check. It is about using our brains to make good decisions so we don't place ourselves and our children, repeatedly, into situations where our emotions are guaranteed to try to overflow their banks.
To an extent I couldn't agree more with you if that caseworker hadn't gotten so mad because I wouldn't roll over for her. I would still have my grandchild she would have noticed that what she was doing was wrong and given up. The problem is she took it personal and was bound and determined to get him no matter what.
However by the same token if Patrick Sherrell would have maybe had someone to talk to maybe he wouldn't have killed all those people at the Edmond Post Office. So, I guess you could see it both ways jacodenn's side and yours. I will say this much that was one of the most articulate responses I have seen yet. To the point without a bunch of mumbo jumbo mean't to cofuse people.