Changes in visitation rights desperately needed

Thursday, October 25, 2007 10:23 AM EDT

Cory Spakman, a 32-year-old father died in an accident while chased by the police Thursday. The father went to the mother's home and begged to see his children. Instead, the mother used an order of protection and called the police. The father left voluntarily. The mother alleges he threatened to kill himself and a policeman. As he was traveling back to the city, the police spotted his car and went on a chase that ended Cory's life. No gun was found in the car. In hindsight, would it not have been better if the police waited until the father cooled off? And what is the child to think of the mother and police when he grows up and finds his father died in an attempt to see him?
Since the courts of New York state keep divorce proceedings secret we can only speculate on further details. But I have an opinion.

According to Sheriff Gould, the vast majority of murder/suicide cases are domestic in origin. Most I know of involve rights of fathers to their children.

In life, every act can be traced to one or more causes. Remove the cause and the action will not take place. Could one of the causes of his death be traced to a ruling of the judge awarding sole physical custody of the child to the mother granting the father only some vague visitation rights or rights the mother refuses to honor?

Suppose that the judge had ruled “Sir the child carries 50 percent of your genes, and you are awarded physical custody 50 percent of the time, six months out of the year: Sept. 1 to Feb. 28. And you the mother, the other 50 percent the remainder of the year. Work out any trades to the schedule in a civil manner. If either of you refuses to accept your fair share of custody then directly pay the other parent for support in the amount as determined by this court.”

In my opinion, fathers would have little or no need to beg for visitation, and little need for lawyers. I also believe that the number of such unnecessary deaths of mothers and fathers (like Cory) would plummet. As a bonus, unwed mothers would get more marriage proposals, and the divorce rate would plummet because a mother would want to be with her children (as would a father) 100 percent of the time not just 50. A win-win for all, especially children.

Peter Kotzer

Auburn

The Citizens' Say

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There are 6 comment(s)

brew1234 wrote on Oct 26, 2007 1:50 AM:

" This letter writer is voicing a foolish view of a situation. He is defending a criminal. This leads to misgivings if he is running for public office. His judgement is in doubt. "

womanscorned wrote on Oct 25, 2007 6:30 PM:

" There must be a reason why this man had a restraining order against him. They don't get put in place for no legitimate reason. He knew he did something wrong so he ran from the cops. There must also be a reason why the kids are in the mothers custody and why she didn't want him to see them. If he didn't die, then what would have been his excuse? I am sure he isn't as innocent as Mr. Kotzer is trying to make it sound. Mr. Kotzer, he isn't a hero. Quit trying to make him out to be one. "

anonymous wrote on Oct 25, 2007 6:05 PM:

" OK SOLOMAN, BUT WHY DOES THIS CONCERN A CANDIDATE FOR CITY COUNCIL, WHO HAS ABSOLUTELY NO SAY IN THE MATTER? "

DD wrote on Oct 25, 2007 3:05 PM:

" The system needs help, however, all the help in the world will not fix every problem. The man died fleeing police after violating an order of protection. Orders of protection are not issued like Halloween candy. The police were bound by the law to pursue this man. The only guilt anyone should have with regard to this incident is that some children are going to be fatherless, and we're going to have to pick up the tab with our tax dollars. "

mickeymch wrote on Oct 25, 2007 2:30 PM:

" This man violated an order of protection and then ran from the police in a high speed chase. He caused his own death and he left his children fatherless. That indicates to me he is less than sensible. Who is Mr. Kotzer to decide he knows better than a judge who is better able to care for these kids? You read all the time in the news about fathers who kill their children to get back at the mothers, how does Mr. Kotzer know that this man did not mean harm to himself or his children? This indicates to me that Mr. Kotzer is not a man of sound judgment and if not fit to be a city council member. "

cm wrote on Oct 25, 2007 2:13 PM:

" sorry Mr.Kotzer, I don't agree with your arrangements of splitting a child as if it was a material item. BUT I do agree that the whole system needs alot of working on. If a judge granted an order of protection it was for a reason. If it was an emergency order then perhaps its a he said she said untill they both appear in court. If it was a long term order then she must have had proof of violence. YET I do feel alot of dad's get the raw deal-where I live an unwed mother has ALL the rights and father named in the birth certificate has 2 rights, 1 pay support and 2 limited visitation. It's very hard when relationships go astray and what should be adults act worse than children and overall the its the children that suffer! Way back when; I/we were both angry parents it took about 9yrs for us to grow up and get along! sad but true! My 22 yr son is in the same situation-I interfere alot and do damage control and try to make them both see that my grand-daughter will thrive best with them not acting like bottle-babies! She will be 2yrs soon and its getting better day by day. There are going to be changes in visitation thru the years-there are going to be money troubles on her side or his side at times-there are going to be newbie boyfriends or girlfriends that interfere BUT as the parent of that child you have to deal head on with the problem and solve it before it manifests into long term effects. In the courts eyes you are a docket number not a person with feelings-if you mean well become the name not the docket number. Parents need to wake up and see that when you have a child together you are connected for the life of that child! So how do you want to live that life angry or loving? "

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