The Father Trap

Taken into Custody: The War Against Fatherhood, Marriage, and the Family
by Stephen Baskerville

Cumberland House Publishing, 2007
(352 pages, $24.95, paperback)

reviewed by Anne Hendershott

Some readers may greet Stephen Baskerville’s Taken into Custody with skepticism. The hyperbolic subtitle and the opening page’s warning that “divorce today means the invasion and destruction of private life by the state” promise a polemical treatment of a serious social problem.

But Baskerville, a graduate of the London School of Economics and author of a significant number of thoughtful and well-researched scholarly articles on fatherhood and family issues, offers a compelling study of what he concludes is “one of the greatest and most destructive civil rights abuse issues in America”: the government-run family court system that oversees custody arrangements and financial support for the children of divorcing parents.

A professor of government at Patrick Henry College, he combines sociological data with anecdotal case studies to support his allegations.

Deadbeat Dad Hoax

Rejecting the conventional wisdom on the abandonment of children by their fathers advanced by politicians, civil servants, journalists, and books like David Popenoe’s Life Without Father and David Blankenhorn’s Fatherless America, Baskerville dismisses the image of the “deadbeat dad” as a “hoax . . . perpetrated by government officials and lawyers who plunder parents whose children they have taken away.”

He criticizes writers like Leon Kass, whose The End of Courtship faults feminism for contributing to “male liberation from domestication, from civility, and from responsible self-command,” and blames Kass for “stereotyping this nameless male with every cliché in the book.” Baskerville believes that “the harsh words of conservative commentators describing men as irresponsible creatures, utterly uncivilized by marriage, are used in courtrooms throughout America to incarcerate citizens without trial.”

Refusing to blame fathers for their absence from their children’s lives, Baskerville points to the role of the state in “allowing, encouraging and even forcing them to do so.” In a chapter entitled “Batterers or Protectors?” he argues that the court has the power to “seize control of a family” and remove all decision-making rights from a father based only on spousal accusations of child physical or sexual abuse.

It does this, he argues, even when these accusations are without merit. He produces data indicating that between 1 and 1.5 of every 1,000 child-abuse investigations ends up being a substantiated case of sexual abuse by the natural father, and that boyfriends and stepfathers are much more likely to perpetrate child sexual abuse than natural fathers.

“Father-caretakers” are four times more likely than biological fathers to sexually abuse the children in their care, according to a University of Iowa study he cites. According to the National Society for the Prevention of Cruelty to Children, father-daughter incest occurs among fewer than 4 in 1,000 children.

Anne Hendershott is Professor of Urban Affairs at the King's College in New York City (www.tkc.edu). She is the author of Status Envy: The Politics of Catholic Higher Education (Transaction, 2008). She and her husband have two grown children and are members of St. Mary's Church in Milford, Connecticut.

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