Fathers Hold Key to Communicating with Troubled Teens

by: Jeffery M. Leving

Hilda Franco and the Chicago Freedom School have developed a program promoting outreach to children and teens caught in the crossfire of violence plaguing Chicago Public Schools. I applaud her initiative and agree that active communication with these children is a positive move in the right direction, but I would like to challenge Herald News readers to take this idea one step further.

As Chairman of the Illinois Council on Responsible Fatherhood (ICRF- http://responsiblefatherhood.com), I believe the best way to reach these teens is to teach their fathers how to communicate with their children. In the Riverdale neighborhood where Derrion Albert grew up, nearly 80% of households with children do not have a father present. Research shows that fatherless children are twice as likely to drop out of school, consistently score lower than average in reading and math, and are eleven times more likely to exhibit violent behavior. There are gender and economic barriers that must be overcome or these fathers will continue to be kicked to the curb. We need to go into this community to empower and educate these men on the importance of being actively involved in their children’s lives. We need to make sure that all fathers in all communities know that they have the legal right to request custody and visitation of their children regardless of their financial situation.

Incarcerated fathers are also victimized by the denial of equal protection. We need to go into the prison systems and give incarcerated fathers the same resources available to incarcerated mothers to help them parent their children both in and out of prison. While Illinois has a program in place giving incarcerated mothers access to their children through virtual visitation (ie: video conferencing), the same option is not provided to fathers. I co-authored the Illinois law giving judges the ability to award virtual visitation to non-custodial parents. Now that this law is in place, let’s implement a virtual visitation program for fathers through the Illinois Department of Corrections focused on the best interest of the child. As the goal, incarcerated fathers remain in contact with their children. Furthermore, during my visit to the Decatur Correctional Center, I learned that incarcerated mothers not only have access to virtual visitation with their children, but are also allowed to live with their babies in prison. The lack of similar programs for fathers is nothing short of institutionalized gender preference showing what little value our society places on the importance of paternal love and bonding.  This bias being perpetuated in our prisons not only illustrates the obstacles in place for fathers wanting relationships with their children, it tramples equal protection safeguards.

Until fathers and children everywhere engage in positive relationships, other proposed remedies to safeguard children from violence are just a band-aid on a gaping wound. As a community, we all need to actively search for a solution to this ongoing violence. I agree that giving teens a forum to express themselves to caring adults is invaluable and ICRF is committed to ensuring that every father in Illinois has the knowledge and resources to be there for their kids when they are needed most. But, we must never forget that any man’s loss of his child is a loss for us all.

Jeffery M. Leving

Chairman

Illinois Council on Responsible Fatherhood

Illinois Virtual Visitation for Incarcerated Fathers

by Jeffery M. Leving

A non-violent felony conviction has landed Juan behind bars for the next three years. As Juan is trying to adjust to prison life, his young son is trying to adjust to life without a father. Juan, like countless numbers of inmates in Illinois, is locked up in a correctional facility far from where his elderly mother, wife and son live. The high cost of transportation and related expenses make regular visitation unaffordable for the impoverished family.

Every time someone breaks the law, there are victims. While the system tries to bring justice to those victimized, new victims are created.  The plight of the incarcerated fathers may not evoke sympathy in many people.  However, I must point out that the grief and suffering of their children are exacerbated by a correctional system that is ill-equipped to address the pain of losing their fathers.

Research has shown that children whose parents have been incarcerated “experience anger, anxiety, inability to concentrate, depression, preoccupation with their loss, sadness, grief, shame and fear following the incarceration.” However, children who often visit their incarcerated parents and do so under favorable conditions “exhibit fewer adjustment problems.” As for the prisoners, those who maintain strong family ties behave better during incarceration, re-enter society with better success, and have a lower rate of recidivism.

Many correctional facilities in Illinois are remotely located from the Chicago population. The sheer distance discourages many families from visiting their relatives in prison. The high costs of transportation, food and lodging, not to mention the substantial amount of time involved, are additional inhibiting factors. Most importantly, however, the prison can be an inimical environment for children so that a visit there may be traumatic. As a result, many families opt for telephone contact. Unfortunately, telephone contact is totally unsatisfactory. Not only is it expensive for the families because all calls from prison must be collect calls, but also frustrating to the children because they do not  see their parents.

Virtual Visitation for Incarcerated Fathers

For years, I have been warning of the damage done to children who grow up without contact with their fathers. Due to the large population of incarcerated fathers in Illinois, many children are growing up fatherless. Extensive research has shown that children whose fathers are involved in their lives perform better in school, complete more years of schooling, have fewer behavioral problems, have better cognitive and psychological development, experience less poverty, are less likely to drink and use drugs,  and have better self-control.

As the chairman of the Illinois Council on Responsible Fatherhood and as a fathers’ rights advocate, I have been pushing for the creation of a virtual visitation program for incarcerated fathers in Illinois. This program will enable children to interact with their incarcerated fathers via real-time video and audio conferencing, eliminating the problems associated with traveling to and visiting the prison. Instead, visits can be scheduled in a child-friendly environment – with toys and appropriate furnishings and decorations.

I have co-authored an amendment to the Illinois Marriage and Dissolution of Marriage Act to provide for reasonable visitation between a child and a non-custodial parent through electronic communication including video conferencing. This bill (SB1590) is awaiting a decision at the Illinois State Senate, and would give legal support to the virtual visitation program for incarcerated fathers that I advocate.

Virtual visitation with inmates is not a new concept. The pioneer seems to have been the State of Pennsylvania, where a program began in 2001. The Pennsylvania Family Virtual Visitation, created by The Prison Society in partnership with the Pennsylvania Department of Corrections, provides high-tech video conferencing equipment that allows families to visit in “real time” with their loved ones who are incarcerated. For a small fee of $20, families can schedule a 55-minute visit once a month. According to The Prison Society, inmates, family members, and prison staff have expressed their support for and appreciation of this program. Correctional officers have reported that many inmates are better adjusted and seem happier after virtual visits. Virtual visitors express how important and meaningful the program is to the health and welfare of their families.

In Florida, there is a program called Reading and Family Ties, which allows incarcerated mothers to read stories to their children using live video via the Internet. The program has been credited with enhancing family unity, easing inmates’ transition back to society and improving literacy for both parents and children.

In Illinois, we, too, have had success with a pilot program for incarcerated mothers, but none for fathers. Through this incarcerated mother program, which was created through the partnership between the Illinois Department of Corrections and the Women’s Treatment Center, staff are available to the families prior to, during and after each visit to address their needs, and to ensure that the visit is child-focused.

A subsidiary benefit of virtual visitation for incarcerated fathers is the rehabilitation of the father, but the most cogent reason for implementing this program is the welfare of the child. It is past the time for Illinois to enact a law and establish a program that help the tens of thousands of children have a relationship with their incarcerated fathers.

Incarcerated Fathers & The Law

Editors note: This article is educational and not intended as advice for
a specific matter. The laws of each state vary, and readers should seek
legal advice from a licensed attorney in the appropriate state.

It is not revelation to prison readers that American Society has
declared war on crime. All wars generate collateral damage and, in this
case, the damage consists of families of those who bear the burden of
the public’s wrath with crime. This is particularly true of the most
vulnerable and defenseless members of society – the children of
imprisoned men. These children, through not fault of their own, are
often denied spiritual and emotional nurture by their fathers. Never
forget: Incarcerated fathers are parents, too. Fathers are not “social
accidents” as many people have been incorrectly taught due to
negative male-stereotyping.

As an advocate for fathers’ rights for over two decades, I’ve long
understood that positive father involvement is vital because fatherless
children pose a high risk for leading lives of poverty, addiction, and
crime, as documented in my book Fathers’ Rights (Basic Books).

Children are the future of our society, and this is no less true of the
children of incarcerated men. Imprisoned fathers are responsible for
most of the 1.5 million minor children of incarcerated parents. We
need to break the cycle of criminality through positive father-child
involvement because the most reliable predictor of crime is neither
poverty nor race, but growing up fatherless.

Several years ago I represented an incarcerated father I will call Bob.
Bob became embroiled in a divorce and visitation dispute that was as
bitter as it was high profile. Yet I was able to reunite him with his
children and keep him connected to them. This required aggressive
and strategic litigation on my part, but it was worth it. I pursued
visitation for Bob and did not give up until I had obtained a court
order. The court even ordered specific dates and times for phone
visitation. Upon release, he was reunited with his family.

Obviously, visitation is more difficult for incarcerated fathers. However
it is possible. Often a letter or note from a law office motivates
reluctant caregivers to let fathers back into their children’s lives so
bitter legal battles can be avoided. My goal is never to use the law to
manipulate mothers or make their lives miserable, but to maximize
responsible father contact for the child. In Bob’s case, I had to right
hard. It meant going to court many times, initiating discovery, and
correctly persuading the court that the best interest of the minor
children would be served by consistent paternal contact that could be
insured only by court-ordered visitation. Successful litigation kept this
father connected with his kids.

A court order is meaningless without something to back it up. In the
jurisdiction where I practice, that something can be the contempt
power of the court. When a visitation order is violated by mom, then I
can file a Petition for Rule to Show Cause against the mother in the
civil proceeding requesting that the court find her in contempt for
violating the order. If mom is held in contempt of court, she can be
sentenced to a period of time in the county jail. In Illinois, we can also
recommend an alternative to contempt proceeding, because visitation
interference is a crime in my state, which can be prosecuted by the
state’s attorneys office. This decision is best made on a case-by-case
basis.

A critical reason for maintaining visitation, even if only by phone, is to
attempt to prevent the possible termination of parental rights. One
possible problem for incarcerated fathers is the potential threat of
court-ordered termination of parental rights in an adoption. Illinois
courts have held that an incarcerated father may lose his parent rights
if he has shown little interest in his children. Failure to write, telephone
or otherwise communicate or take an interest in his children can
constitute grounds for termination of those rights. This sets the stage
for adoption of his children. In fact, a recent Illinois legislative
initiative gave birth to the Baby Abandonment Law, which allows a
biological mother to legally abandon her infant without notice to the
father under certain conditions. I believe this law is unconstitutional
and ignores the rights of fathers.

If you feel your parental rights may be threatened, familiarize yourself
with the laws of your state and, if it becomes necessary, find a family
law attorney in your state to protect those rights. More importantly,
make sure you educate yourself in the art and craft of parenthood. The
law can be hard on incarcerated dads; it’s harder on those who don’t
invest some energy into being a good dad.

I believe many incarcerated men are ready, willing and able to
contribute to their children’s lives. There is a significant social cost to a
narrowly punitive policy, which may not take account of the needs of
the children of incarcerated fathers. If we recognize and change this
policy, we may achieve a reduction of crime without requiring new
taxes by simply promoting positive father-child involvement.
And in a similar vein, incarcerated fathers need to understand and
protect their parental legal rights. Incarcerated fathers are parents,
too.

Jeffery Leving is an attorney and founder of the Incarcerated Father Project. His practice will respond to any inquiries you may have about fathers’ rights as much as possible at The Law Offices of Jeffery M. Leving, Ltd., 19 S. LaSalle Street, Suite 450, Chicago, IL 60603. (312) 807-3990

Dad’s Talk with Jeffery Leving

American Society has declared war on crime. All wars generate collateral damage and, in this case, the damage consists of families of those who bear the burden of the public’s wrath with crime. This is particularly true of the most vulnerable and defenseless members of society – the children of imprisoned men. These children, through not fault of their own, are often denied spiritual and emotional nurture by their fathers. Never forget: incarcerated fathers are parents, too. Fathers are not “social accidents” as many people have been incorrectly taught due to negative male-stereotyping.

As an advocate for fathers’ rights for over two decades, I’ve long understood that positive father involvement is vital to the stability of our society because fatherless children pose a high risk for addiction and crime, as documented in my book “Fathers’ Rights.” Children are the future of our society, and this is no less true of the children of incarcerated men. Children of incarcerated parents should not be abondoned. Their positive parental relationships require support to break the cycle of criminality caused by father absence. The most reliable predictor of crime is neither poverty nor race, but growing up fatherless.

Several years ago I represented an incarcerated father I will call Bob. Bob became embroiled in a divorce and visitation dispute that was as bitter as it was high-profile. Yet I was able to reunite him with his children and keep him connected to them while incarcerated. This required aggressive and strategic litigation on my part, but it was worth it. I pursued visitation for Bob and did not give up until he had it. The court even ordered specific dates and times for phone visitation. Upon release, he was reunited with his family.

Obviously, visitation is more difficult for incarcerated fathers. However, it is possible. Often a letter from a law office motivates reluctant caregivers to let fathers back into their children’s lives so bitter legal battles can be avoided. But, sometimes they are necessary. My goal is never to use the law to make mothers’ lives miserable, but to maximize positive father contact for the child. In Bob’s case, I had to fight hard. Successful litigation kept this father connected with his kids and he lives with them now.

A critical reason for maintaining visitation, even if only by phone, is to attempt to prevent the possible termination of parental rights. One possible problem for incarcerated fathers is the threat of court-ordered termination of parental rights in an adoption. Failure to write, telephone or otherwise communicate or take an interest in his children can constitute a basis to attempt to terminate those rights. This sets the stage for adoption of his children.

If you feel your parental rights may be threatened, familiarize yourself with the laws of your state and, if it becomes necessary, find a family law attorney in your state to protect those rights. More importantly, make sure you educate yourself in the art and craft of parenthood. The law can be hard on incarcerated dads; it’s harder on those who give up.

I believe many incarcerated men are ready, willing and able to contribute to their children’s lives. There is a significant social cost to a narrowly punitive policy, which may not take account of the needs of the children of incarcerated fathers. If we recognize and change this policy, we may achieve a reduction of crime without requiring new taxes by simply promoting positive father-child involvement.

And in a similar vein, incarcerated fathers need to understand and protect their parental legal rights. Incarcerated fathers are parents, too.

Jeffery M. Leving is one of this country’s leading family law attorneys and the co-author of the Illinois Joint Custody Law. His book, “Father’s Rights” on which these columns are based, is regarded as a definitive work on this important subject.