In
many custody cases, the mother is trying to get full custody over a child where
the father doesn’t care or isn’t fit to care for his child. However, there also
happen to be cases in which the father is fighting instead of the mother. Where
he thinks the mother is unfit to care for their child. “For the basis for these
cases is always a concrete occasion when the mother’s and the father’s goals
are mutually exclusive. In that context, equal treatment cannot be achieved. Rather, one must prevail over the other in the
dispute. Any father seeking his “rights” in such a case is claiming that his
desires should not merely equal but supersede those of the mother”. (p 89,
Bordo) What Bordo says in “Are Mothers Persons?” relates to many cases that
exist currently and/or recently.
I
know personally of three families in which the father had to go to court for
full custody of at least one of their children; my family being one of them.
When my dad went to court for custody of my older brother, he had to provide
more reasons than my brother’s mother as to why he wanted to have sole custody
(with visitation of course). Although my dad won his case, the father doesn’t
always come out on top. Instead many times the judge favors the mother before
the case ever enters the courtroom.
“The
seemingly incontrovertible fact that only the mother experiences pregnant embodiment is a powerful impediment to
the father’s-rights position”. (p 91) As the article says, today many people
refer to a couple as pregnant, yet however this isn’t the case when the father
and mother are not exclusively together. Although I am a female with the
potential to one day become a mother, I don’t believe that it is right for
women to have sole ownership of their child. A child is born to two parents, the
exception being a sperm donor, in which both the mother and father are to care
for them unconditionally. In the case that one parent isn’t fit to take care of
that child; either the mother or the father should step in instead. If this
means that the father has full custody of his son or daughter than it should be
easy for him to receive that custody instead of having to go to court against
the mother.
Laws
tend to lead towards the woman’s side when the issue at hand is a custody
hearing. However, as we mentioned in class today, women tend to be told they
can’t have abortions or that having an abortion is wrong. In this case, the
fetus (potential child) has more rights than the women, even though this
affects her and the father as well. Yet, if the father wants to keep the baby
and the mother doesn’t, she can go ahead and abort the baby anyway, resulting
in the father once again having fewer rights than the mother, since she carries
the fetus and he doesn’t. Since the woman doesn’t want the child, it can be her
choice as to whether or not she decides to keep it. Yet, the father doesn’t get
to have a choice in the matter at hand since he doesn’t physically carry the
fetus inside of him as the mother does.
Although,
yes, women aren’t given many rights by the government when it comes to
reproducing, men are granted even less. This is something that will be hard to
change since the rights are likely to stay in favor of the mother since it
affects her body too. Nevertheless, men need to gain rights when it comes to
their children as well.