The XX Factor: What women really think.

Sympathy for the Devil—Clark Rockefeller, Feminism, Moms, and Dads

Meghan,

Dahlia has noted the painful fact that there is simply no good way for divorced families to accommodate two working parents (a product of a changed economy more than of feminism, I would argue, but that's for another day). So let me take issue with blaming feminism for Clark Rockefeller's kidnapping his daughter—or rather, for treating men 's claims to fatherhood unfairly after a divorce.

A brief history of custody law: Until 1851, men were childrens' presumptive guardians and custodians. In that year, a lone American judge first broke with precedent to articulate a new custody standard—"the best interest of the child"—which he used to justify giving custody of the child to a mother. It signalled the beginning of the end of a world in which children were family laborers—either a source of income who could be contracted out to other families, or part of the family's earnings unit. With that first mother-custody decision came a series of outraged diatribes about the imminent downfall of civilization if fathers were no longer in charge of the family. But the judge was articulating a new standard of child custody that fit the Victorian era's new ideology of woman-as-nurturer, as caregiver, as naturally domestic and giving and good. It also drew on a new vision of children as malleable angels in need of love, rather than as wild beasties in need of discipline. (I've got a chapter on this shift from father- to mother-custody in my book What Is Marriage For?)

For the next century, the radical idea that women not only could have custody of the children but should presumptively have custody gradually took over. I've waited a day to post on this as I try to find the stats, but my impression has been that feminism stopped that trend. With the idea of gender parity in child-rearing has come the idea that men should and could have custody as well. Family lawyers and observers of family law have told me that the trend has gone the other way, and that when men sue for custody they have an equal chance at getting it. The stats are hard to find, since they're state by state, and even court by court, rather than nationwide; if I can find a source I will post it here.

But the deeper problem here is one I discovered in reporting on custody battles about a decade ago: Emotionally healthy parents who are putting the children first do not end up fighting over custody in court. When there's a custody battle, it's often because the family dynamics were already ugly and messy and volatile. The family is then disposed according to an individual judge's view of what children need. It's a wildly dysfunctional and distressing system, and I have no idea how it could be done better.

Meanwhile, Meghan, do you seriously feel any sympathy for a man who attacked a social worker with his SUV and kidnapped his daughter, and who appears to be a con man who lied about his identity?? I realize that news reports can be unreliable—flash! Jon-Benet's parents are NOT guilty!—but unless Rockefeller had evidence that the mother is physically abusive to the child (and I haven't heard any claims that she was), how can he possibly justify such behavior? That sure wasn't in the best interest of the child.

EJ