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A Father's Right to His Child

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A Father's Right to His Child A Father’s Right to his Child In relation to the mother’s right to the child in custody feuds Evelina Karlsson & Paola Rodriguez Escobar 2012 Degree project , 15 cr Bachelor’s Essay Socialt arbete Social work, Specialisation in International Social Work Handledare: Dimitris Michailakis Examinator: Fereshteh Ahmadi ABSTRACT The aim of this study is to to look deeper into the subject of father’s rights to his child in relation to the rights of the mother in custody feuds. The hypothesis was that fathers were being discriminated in relation to mothers when it came to child-custody. This research has been done as a literature study with content analysis. The study has used to theoretical concepts to guide the focus in the analysis. The theoretical concepts are: the concept of Rights and the Gender Role Concept. The main results of the study showed that men were not being discriminated in legal context. However, a secondary result was that men could be considered to be discriminated from a gender role perspective. Gender role constructions and inequality was found to have effect on the outcome in custody feuds. Keywords: fathers ‘rights, legal egalitarianism, gender egalitarianism, custody feuds, gender role constructions. PREAMBLE Now when we have finally reached the final form of our research we feel content. This research process has felt long, sometimes exhausting. Though in the end, we feel it has been worth all the time and effort we have put in it. We would like to thank our supervisor for the time he put in helping us, especially for his fast responds and availability. Also we would like to thank the persons who helped us finding a better way of structuring as well as helping us clearing our thoughts into written words. Your advice have been priceless. “In the past, the dad was not allowed to give birth. They thought that is was unmusically. But today it is common that both the mother and father give birth to their child together.” 1 Kathrine, 6 years. 1 A quote from Levengood and Lindell’s book [Old ladies don’t lay eggs] in “Custody Battles” by Rejmer. 1 TABLE OF CONTENTS 1. THE FIRST CHAPTER 3 1.1 INTRODUCTION 3 1.1.1 Aim, Research questions and Hypothesis of the study 3 1.2 ESSAY DISPOSITION 4 1.3 EXPLANATION OF CONCEPTS AND TERMS 5 2. PREVIOUS RESEARCH 6 2.1 Legal Egalitarianism and Discrimination: 7 2.2 The Role of the Father 8 2.3 The Father-Child Relationship 9 3. COUPLING TO THEORY 9 3.1 THE CONCEPT OF RIGHTS 9 3.2 ROLE THEORY AND THE GENDER ROLE CONCEPT 10 3.2.1 The definition of a ‘role’ 10 3.2.2 The Gender Role concept 11 4. METHODOLOGY 12 4.1 PRELIMINARY UNDERSTANDING 12 4.2 RESEARCH DESIGN 12 4.3 MODE OF PROCEDURE 13 4.3.1 Sources of error 15 4.4 TOOLS OF ANALYSIS 15 4.5 ESSAY CREDIBIILITY 16 4.5.1 Validity 16 4.5.2 Reliability 17 4.5.3 Generalizability 17 4.6 ETHICAL STANDPOINTS 18 5. PRESENTATION OF RESULTS AND EMPIRICISM 18 5.1 BACKGROUND 18 5.1.1Fathers’ rights in relation to the UN Convention on the Rights of the Child 18 5.1.2 Historical Background 19 5.1.3 The Fathers’ Rights Movement 20 5.1.4 The Fathers’ Rights Movement in Sweden 22 5.2 GENDER IN PARENTING 22 5.2.1Gender roles: Inequality and Egalitarianism 23 5.3 THE RIGHTS OF A FATHER 25 5.3.1 Paternal leave and father involvement 25 5.3.2 Signs of discrimination towards fathers 25 5.4 WHY A FATHER IS IMPORTANT FOR A CHILD 26 2 5.4.1The importance of both parents 26 5.4.2 Who gets the custody? 27 5.4.3 The father Involvement: Laws and Policies promoting it 28 5.5 CONCLUDING REMARKS ON ALL CHAPTERS 30 6. ANALYSIS 30 6.1 THE CONNECTION BETWEEN LEGAL EGALITARIANISM AND DISCRIMINATION 31 6.2 FATHER-CHILD RELATIONSHIP 33 6.3 THE ROLE OF THE FATHER 34 7. DISCUSSION 36 7.1 THE DIFFERENT APPROACHES OF OUR STUDY 36 7.1.1 International approach 37 3 1. THE FIRST CHAPTER 1.1 INTRODUCTION The constructions of gender roles in society are constantly changing. Women are taking more important roles in the labor market and men are taking a more responsible role in the household. The stereotyped role of men and women are being fought against, to diminish gender inequality and many other discriminating aspects that might come along with it. Though, are the stereotyped gender roles really changing? Men across the world are experiencing inequality in the situation of custody feuds, where they perceive the mothers’ rights as being in advantage. (See for example www.pappaombudsmannen.se or Flood, 2007) We thought the subject of fathers’ rights to their child in relation to the mothers’ rights and conflicts that might emerge in different situations as important, since this is a matter that social workers encounter frequently in Sweden. If an agreement of joint custody cannot be settled between the parents, sole custody is often given to the mother. We consider that this subject could be considered as a social problem since it has a broad impact on several actors, the father, mother and the child in different areas; emotionally, psychologically, socially, economically, among others. Our subject interested us because of many aspects and questions. Were fathers actually being discriminated? And if so, on what terms? We found this subject not only interesting, but also of relevance to international social work; since Sweden often is perceived as a model country in the subject of promoting gender egalitarianism. Thus it felt pertinent to explore the situation concerning this subject in Sweden and to get more knowledge on how it looks like. We intend to explore the issue of fathers’ rights to their child and how it is handled in custody feuds. This study will retrieve its empirical data from a literature review. Thus, our empirical data consists of articles, books and reports focusing on the aforementioned. Possible keywords that we will use as guidance for the analytical part throughout the research are; ‘equal rights’ and ‘gender egalitarianism’. 1.1.1 Aim, Research questions and Hypothesis of the study The aim for this study is to look deeper into the subject of father’s rights to his child in 4 relation to the rights of the mother in custody feuds, and what the literature says about this matter. Our research questions are developed to help us answer the aim of our study. The research main question is the following; - Do, according to the literature consulted in this study, parental rights differ in the way they are understood and applied between the mother and the father concerning custody of a child, in the situation of divorce or separation? Sub questions are: - Why is it considered important for the wellbeing of the child, to maintain a functioning father-child relationship? - How might gender role constructions affect the father role? The initial hypothesis for this research is that if a father is perceived to be less a suitable caretaker for the child compared to the mother then, fathers are being discriminated in relation to mothers when it comes to child-custody. By exploring how this possible discrimination is reported in the reviewed literature and how it is supposed to generate other social problems, this research could contribute with more awareness to hopefully create opportunities for further development for the providing of social and legal support for men in these situations. 1.2 ESSAY DISPOSITION In the first chapter of our research you can find the headlines: Introduction, aim and possible hypotheses, Essay Disposition and Explanation of Concepts. After that we will present Previous Research, which we have divided into three different themes; Legal Egalitarianism and Discrimination, the Father Role and the Father-Child Relationship. The next section presented is Coupling to theory; where we explain important concepts used as a tool for the analysis. Next comes the Methodology chapter with the sub-headings of: Preliminary understanding, Research design, Mode of procedure, Tools of analysis, Essay credibility and Ethical standpoints. After this we will present our results in the form of an Analysis. The last chapter consists of our Discussion and Concluding remarks. 5 1.3 EXPLANATION OF CONCEPTS AND TERMS Child – Our chosen definition of the ‘child’ is the one stated by the UNCRC2 – “ a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier”. The ‘daddy-month’ - Was introduced in the Swedish legislation in 1995. This daddy month was reserved for the father only, one month of the total parental leave (per child). It was introduced to increase the father involvement in the first year of the child’s life, but also to contribute to improvements in gender equality and for a more gender equal labor market (Ekberg et. al. 2005, p.4). Fathers’ rights - In Sweden there is no concept of parental rights. The legislation is designed in the way where the child’s best interest is in focus. According to Swedish legislation (Children and Parents code)3 the only rights carrier is the child. Thus, the term we have chosen to use in this study “the fathers’ right to his child”, is in itself a non-existing term, though we have used it and meant to refer to his right to his child in relation to the mothers right to the child in custody feuds.
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