This nation was born of a value system that prized liberty and freedom over life itself. Our founders are famous for saying such things as "Give me liberty or give me death." (Patrick Henry). With the Declaration of Independence our fathers proclaimed not just to mother England, but to the world that the right to "life, liberty and the pursuit of happiness" are natural rights belonging to all men and women. Our founders then prepared a Constitution for the purpose of protecting those natural rights that we were endowed with by our Creator. The Supreme COurt recognized that among those liberty interests protected by the Constitution is the right to raise our own children how we see fit. John Locke pictured to the left was a political philosopher that influenced our founders and is credited with inspiring Thomas Jefferson and others. He stated in his Second Treatise of Government, Chap. 6. :
"
"Sec. 58 The power then that parents have over their children arises from that duty which is incumbent upon them to take care of their offspring, during the imperfect state of childhood. To inform the mind and govern the actions of their yet ignorant nonage, till reason shall take its place, and ease them of that trouble, is what the children want, and the parents are bound to: for God having given man an understanding to direct his actions, has allowed him a freedom of will, and liberty of acting, as properly belonging thereto, within the bounds of the law he is under. But whilest he is in an estate, wherein he has not understanding of his own to direct his will, he is not to have any will of his own to follow: he that understands for him, must will for him too; he must prescribe to his will , and regulate his actions; but when he comes to the estate that made his father a freeman, the son is a freeman too.
"Sec. 63 God hath made it their business to employ this care on their offspring, and hath placed in them suitable inclinations of tenderness and concern to temper this power, to apply it, as his wisdom designed it, to the children’s good, as long as they should need to be under it.
"Sec. 67 The nourishment and education of their children is a charge so incumbent on parents for their children’s good that nothing can absolve them from taking care of it: and though the power of commanding and chastising them go along with it, yet God hath woven into the principles of human nature such a tenderness for their offspring that there is little fear that parents should use their power with too much rigour; the excess is seldom on the severe side; the strong bias of nature drawing the other way.
"Sec. 71 But these two powers, political and paternal, are so perfectly distinct and separate; are built upon so different foundations, and given to so different ends, that every subject that is a father, has as much a paternal power over his children as the prince has over his; and every prince that has parents, owes them as much filial duty and obedience, as the meanest of his subjects do to their’s; and can therefore contain not any part or degree of that kind of dominion, which a prince or magistrate has over his subject."
Unfortunately, the current child support system in this state places no emphasis on the important role of a parent to nourish, educate, or care for a child. The system places sole emphasis on the parent's responsibility to pay for a child's upkeep. No protection is afforded a child's right and need to look to their parent for guidance or nay of the other benefits derived from the parent-child relationship. When every part of a parent save their pocketbook is removed from a child the loss is terrible. As cited to prior blogs parents who have relationships with their children, provide for their children. Child support is based on a premise that the less time a parent spends with a child the more they should pay for that child. Orders of the court effectively cut of parental relationships, then send the injured parent a bill. This has been ineffective in the past will ever remain so. If our concern is for the child's welfare, then we must do more to ensure that parenting time with both parents is facilitated. Then can a parent truly support a child with not just money, but also love, affection, nurture, protection, instruction, time, energy and talent.
"
"Sec. 58 The power then that parents have over their children arises from that duty which is incumbent upon them to take care of their offspring, during the imperfect state of childhood. To inform the mind and govern the actions of their yet ignorant nonage, till reason shall take its place, and ease them of that trouble, is what the children want, and the parents are bound to: for God having given man an understanding to direct his actions, has allowed him a freedom of will, and liberty of acting, as properly belonging thereto, within the bounds of the law he is under. But whilest he is in an estate, wherein he has not understanding of his own to direct his will, he is not to have any will of his own to follow: he that understands for him, must will for him too; he must prescribe to his will , and regulate his actions; but when he comes to the estate that made his father a freeman, the son is a freeman too.
"Sec. 63 God hath made it their business to employ this care on their offspring, and hath placed in them suitable inclinations of tenderness and concern to temper this power, to apply it, as his wisdom designed it, to the children’s good, as long as they should need to be under it.
"Sec. 67 The nourishment and education of their children is a charge so incumbent on parents for their children’s good that nothing can absolve them from taking care of it: and though the power of commanding and chastising them go along with it, yet God hath woven into the principles of human nature such a tenderness for their offspring that there is little fear that parents should use their power with too much rigour; the excess is seldom on the severe side; the strong bias of nature drawing the other way.
"Sec. 71 But these two powers, political and paternal, are so perfectly distinct and separate; are built upon so different foundations, and given to so different ends, that every subject that is a father, has as much a paternal power over his children as the prince has over his; and every prince that has parents, owes them as much filial duty and obedience, as the meanest of his subjects do to their’s; and can therefore contain not any part or degree of that kind of dominion, which a prince or magistrate has over his subject."
Unfortunately, the current child support system in this state places no emphasis on the important role of a parent to nourish, educate, or care for a child. The system places sole emphasis on the parent's responsibility to pay for a child's upkeep. No protection is afforded a child's right and need to look to their parent for guidance or nay of the other benefits derived from the parent-child relationship. When every part of a parent save their pocketbook is removed from a child the loss is terrible. As cited to prior blogs parents who have relationships with their children, provide for their children. Child support is based on a premise that the less time a parent spends with a child the more they should pay for that child. Orders of the court effectively cut of parental relationships, then send the injured parent a bill. This has been ineffective in the past will ever remain so. If our concern is for the child's welfare, then we must do more to ensure that parenting time with both parents is facilitated. Then can a parent truly support a child with not just money, but also love, affection, nurture, protection, instruction, time, energy and talent.
RSS Feed
