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Non-custodial Black fathers family court preparation training
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Content
Preparing Non-Custodial Black Fathers without Legal Representation from Low-Income
Communities for Family Court (NCBF Training)
By
Rupert G. F. Pearson Doctoral Candidate
University of Southern California Suzann Dworak-Peck School of Social Work
Doctor of Social Work Program
Renee Smith-Maddox, Ph.D.
April 3, 2023
May 2023
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Acknowledgments
There are many people I must thank, for they have been with me through this journey. I
asked the Lord for help and guidance through this process, and He was there with me all the way,
especially when I was so stressed and could not think straight, thank you, Lord. What can I say
about Dr. Renee Smith-Maddox? She led my classmates through this process. At times, we felt
that her guidance was not helpful, but in the end, she took us to the conclusion. Dr. Smith-
Maddox kept her word, and I thank her for that.
I must thank my dear friend Priscilla C. Dyer, she was the person who pushed me into
doing Social Work and encouraged me, and she was my most significant cheerleader through
this process. I thank her for her help, guidance, and sage advice and for challenging me as I
developed this Capstone Project. I must thank my family for their constant support and
encouragement through this DSW program. They believed in me when I did not believe in
myself. I might not have continued this educational journey without my son, my champion Levi
Rupert Alexander Pearson, my firstborn. After his birth, I promised to push forward as far as
possible to give him the best life possible. He is the inspiration for much of what I do now, and
he is undoubtedly the driving force behind this Capstone Project because I could not and would
not leave him ever to wonder if I love him or why I was not there.
To my friend Donnie Joseph, thank you for supporting me and being my capstone design
partner and mentor. I have known him for over 35 years, and he has always been an upstanding
man, father, and friend. This degree is dedicated to my God, family, and community. My
deceased father, who abandoned me as a young child, taught me what a father was not to be, and
it helped shape me to be the man my family needed and respected. My mother, Gwenedd
Pearson; sister Deborah Pearson; my wife, Candace Pearson; my sons Levi, Ryan, and Ray
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Pearson and stepdaughter, Kylyah Mercurius, thank you all for your support during my late
nights for keeping me focused and standing with me through this journey.
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Table of Contents
Introduction 6
Problems of Practice and Literature Review 7
Conceptual Framework 12
Project Description 15
Methodology 22
Implementation Strategy 25
Conclusion 30
References 33
Appendix A: Logic Model 43
Appendix B: Design Criteria for NCBF Training 44
Appendix C: NCBF Training Budget 45
Appendix D: Design Prototype of the NCBF Training 47
Appendix E: Conversation Survey 52
Appendix F: Screening Criteria Tool 55
Appendix G: Assessment of the NCBF Training 56
Appendix H: Breathing Techniques 59
Appendix I: Training Manual for the NCBF Training 60
Appendix J: Reading Body Language 80
Appendix K: Participant Consent 81
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Abstract
In America, Black men face many challenges. One of those challenges is how non-
custodial fathers (NCBFs) have a five percent chance of becoming custodial parents in child
custody cases in family court (Adeshay, 2021). In family court proceedings, as NCBFs step
forward to have a more significant role in their children's lives, they will continue to face
challenges of bias that stereotypical views create. The proposed NCBF Training is designed to
prepare self-representing NCBFs to go into family court more informed, prepared, and confident.
The NCBF Training will provide a safe space for NCBFs not represented by legal counsel
to get the guidance, understanding, education, and training to prepare them for a family court
proceeding. A recent study showed that 57.6% of Black children live in homes without their
biological fathers ("The Extent of Fatherlessness," n.d.). Society has painted Black fathers with a
broad brush, stereotyping them as missing in action, unresponsive to their children’s needs, and
uninterested in their children's everyday lives (Todd, 2021).
Understanding the challenges of NCBFs will help determine the type of support and
preparation they need before appearing in family court. Educating NCBFs from the experiences
of others and through written accounts from lawyers, judges, and other advocates, supported by
an understanding of applicable state laws related to fathers' rights, is a way forward. NCBFs
must be prepared to overcome potential biases when choosing the path that will be best in family
court and be emotionally focused on their expectations, whether they are represented or not.
When an NCBF decides to self-represent, it is often because they do not trust the court and
believe it to be hostile toward the Black father. This project aims to prepare NCBFs to advocate
for themselves to become custodial parents of their children. The NCBF Training was piloted
with eight NCBFs to train them on what knowledge, skills, and abilities will benefit the family
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court.
Introduction
This project used design thinking principles to co-design with NCBFs the training for
NCBFs going into family court without legal representation. The pilot consisted of eight NCBFs
recruited from the Fatherhood Initiative Program at Rising Ground, a non-profit organization
from New York City. These fathers agreed to be co-designers of this project. This paper will
explain the solution, how it was tested, and how it will be implemented.
This pilot training program addresses the issues NCBFs face in NY family court when
they petition to be custodial parents of their children. The NCBF Training cannot predict success
in family court, but it will enable NCBFs with the tools to present the best case for themselves
while in family court. The NCBFs participants were exposed to knowledge about courtroom
procedures, how to present evidence, how to dress, and how to prepare before court hearings.
The training also taught the participants how to prepare on the day of court, control emotions,
respond to questions, use stress management techniques, and advocate effectively. The NCBF
Training hopefully changes the minds and hearts of judges who may allow stereotypes to
influence their custody decisions.
Black fathers face a complex court when seeking custody of their children.
They experience challenges with racial biases, poverty, and gendered stereotypes. Addressing
these barriers is critical for improving outcomes for NCBFs in future custody proceedings and
ensuring they can be effective and engaged parents. A recent report commissioned by Chief
Judge Janet DiFiore found that racial bias in NY courts has produced “a second-class system of
justice for people of color for decades (Conn, 2020)”. This project is designed with that fact in
mind. The family court has proven to be racially biased (National Council of Juvenile and
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Family Court Judges, 2020). To combat this, an NCBF needs to be knowledgeable and well
prepared to make his case before the judge/magistrate to provide them with a compelling reason
to decide in his favor.
Nearly two-thirds of custodial fathers in the United States (US) are White (62.9%), and
only 15.1% of Black fathers are custodial parents (Lazic, 2022). The NCBF Training aims to
prepare NCBFs to have a better chance of success in family court. Going into family court is
challenging for any father when faced with a social norm that views mothers as the children's
primary caretakers (Jones, 2019).
The NCBF Training engages NCBFs through the experiences of others. It identifies
successful approaches and best practices for deciding what they want, who is best to represent
them, how to respond to questions, skill practice, how to keep records, how to focus on facts, and
how to manage their emotional health throughout the process.
Problem of Practice and Literature review
Grand Challenge for Social Work
The project's Grand Challenge for Social Work addresses equal opportunity and justice.
This project contributes to the Grand Challenge of Social Work, equal opportunity, and justice
by linking the involvement of the NCBF's contribution to the well-being and development of
children (Cabrera et al., 2017). The grand challenge of achieving equal opportunity and justice in
social work requires the profession to address the systemic issues contributing to inequality and
oppression. One area of focus is the challenge NCBFs face in family court. Despite efforts to
promote family involvement and healthy relationships, many Black fathers are unfairly
marginalized in the family court system.
NCBFs often face several challenges in family court, including racial bias,
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socioeconomic factors, and limited resource access (Johnson & Doolittle, 2019). Racial bias is a
critical issue in the family court system. NCBFs are often perceived as less responsible or
committed to their children than their White counterparts (Johnson & Doolittle, 2019). This
perception can lead to unfavorable custody decisions, limited visitation rights, and excessive
child support obligations (Johnson & Doolittle, 2019). The NCBF Training will allow a NCBF to
go into family court better prepared than he would have been without the training.
Wicked Problem
According to National Center for Health Statistics data, 70% of Black children are born
to unmarried mothers, compared to 29% of White children (Martin et al., 2018). This means
NCBFs are more likely to be involved in legal custody and visitation rights battles. However,
research has shown that Black fathers are less likely to win these cases than their White
counterparts (Smith, 2019). Research has demonstrated that judges and other court personnel
hold implicit biases against Black fathers, affecting their decision-making (Floyd et al., 2018).
These biases can be based on stereotypes and assumptions about Black fathers' actions or
inactions regarding the development and well-being of children.
NCBFs need more opportunities to be custodial parents. One of the primary reasons is the
prevalence of systemic biases that hinder their chances of being awarded custody. The inherent
bias in the legal system of the U.S. against Black people, particularly Black men, is well
chronicled (Alexander, 2020). This bias extends to child custody cases. NCBFs are more likely
to face barriers when seeking custody than non-custodial White fathers (Hardesty, Crossman,
Khaw, & Raffaelli, 2019). The social stigma surrounding Black fatherhood has further
exacerbated the problem, which makes it difficult for NCBFs to be seen as responsible and
capable caregivers.
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A recent study by Dorsey, Molina, & Tamis-LeMonda (2020) found that Black fathers
face more negative stereotypes and are often viewed as less involved and committed to their
children's well-being than White fathers. These stereotypes affect the judgments of judges and
lawyers and society's perception of Black fathers. As a result, NCBFs are less likely to be
granted custody or visitation rights, despite their desire to be involved in their children's lives.
NCBFs becoming custodial parents in NY will benefit the child because it is another
opportunity to be involved with both parents. Studies have consistently shown that children who
have both parents involved have better social, emotional, and academic outcomes than those who
do not (Fagan & Churchill, 2018). Furthermore, children who grow up without a father are
likelier to experience adverse outcomes, such as poverty, academic difficulties, and mental
health problems (Nock, 2018).
When NCBFs are denied the opportunity to be custodial parents, it harms them and
deprives children of the benefits of having both parents involved. In addition, research has shown
that fathers, particularly NCBFs, play a critical role in their children's development, including
their cognitive, social, and emotional development (Haskins, Paxson, & Sawhill, 2019). Black
fathers actively involved in their children's lives can serve as positive role models and provide
emotional and financial support, which can profoundly impact their children's well-being.
How is the problem understood?
NCBFs have a range of perspectives on this problem of not being awarded custody of
their children. They may feel that they are unfairly discriminated against in the family court
system and that their rights as fathers are not being adequately considered (Coleman & Ganong,
2019). NCBFs may also believe there is a need for more support to help them maintain
involvement in their children's lives. Furthermore, NCBFs may believe that the court does not
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adequately recognize their involvement in their children's lives and that they face systemic biases
that work against them in custody cases (Coleman & Ganong, 2019).
Research consistently shows that systemic racism within the court system and other social
institutions can impact decisions regarding child custody (Roberts, 2014). In a society with a
long history of racial discrimination, it is possible that unconscious biases or cultural
misunderstandings could influence court proceedings, thus contributing to the disparities seen in
custody awards. However, Black mothers will prioritize the well-being of their children in
custody cases while also recognizing the importance of father involvement (Opara et al., 2020).
In the Black communities, its members believe that the historical and ongoing impact of
systemic racism leads them to believe that non-custodial fathers' unfair treatment by the family
court is just one manifestation of broader systemic inequalities (Hill & Yeung, 2019).
Community members may recognize the impact of socioeconomic status on custody outcomes.
NCBFs are disproportionately more likely to experience economic hardship, which can impact
their chances of being awarded custody (Hill & Yeung, 2019). Community members point out
the many systemic barriers that NCBFs face in accessing education, employment, and other
resources, limiting their ability to provide for their children and impacting their chances of being
awarded custody.
Lee (2019) suggested that racial biases and stereotyping may play a role in custody
decisions, with courts making race-based assumptions that can influence the case outcome.
Additionally, some legal professionals may need to be made aware of how their own biases can
influence their decision-making in custody cases, leading to potential racial disparities. Other
legal professionals may also be aware of systemic biases in the family law system and may
support efforts to address these biases (Kriegel et al., 2020). When will these efforts show real
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systematic change for NCBFs? Political leaders recognize the existence of systemic biases in the
family law system and may support efforts to address these biases. This may include supporting
policies that promote more equitable outcomes in custody cases and addressing biases in legal
decision-making (American Bar Association, 2020).
Literature Review
NCBFs in NY family courts have been found to have a significantly lower chance of
being awarded custodial rights. Only thirty percent of NCBFs are awarded custody in NY family
court, compared to fifty percent of non-custodial White fathers (Clark, 2019). This literature
review examines the reasons behind this disparity and the factors contributing to this outcome.
Personal biases can play a part in skewing many child custody cases in favor of the
mother. NCBFs must contend with this in family court. Twenty-five states consider the child's
view in custody decisions. NY is one of the thirteen states that do not require the judge to
consider the child’s preference for custody cases (1 in 4 states don't require judge to consider
child's custody preference, 2020). Fathers, in general, get custody of their children in NY at
about 30.4% (Chandler, 2017), and NCBFs in the US comprise less than 8% of custodial fathers
(Zilll, 2020).
An identified factor in the literature that is believed to contribute to the disparity is the
perception of NCBFs by family court judges. In research, judges often held negative perceptions
of NCBFs, perceiving them as less involved and committed to their children than White fathers
(Clark, 2019). This perception is based not on factual evidence but on stereotypes and biases that
judges may hold.
Several studies have also found that NCBFs face systemic barriers to custody, including
racial biases in the family law system and economic disadvantages (Williams, 2018). These
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factors can make it more difficult for NCBFs to obtain custody, even when they are equal or a
better fit to be the custodial parent than the mother. The research has consistently shown that the
father’s involvement is positively associated with better outcomes for children, including
improved social, emotional, and academic outcomes (National Fatherhood Initiative, 2018).
These factors are essential reasons for giving NCBFs more opportunities to be custodial parents.
Other studies have identified strategies that may improve the chances of NCBFs being
awarded custody, such as demonstrating involvement in their children's lives, maintaining a
stable and responsible lifestyle, documenting evidence of their involvement, attending custody
evaluations, and being prepared for the family court (New York State Unified Court System,
2022). One thing that is clear from the research is that the problem is not imaginary, and NCBFs
are losing. Until there is a change in the system, NCBFs must continue to show that they are
valuable and needed in their child/children's lives.
Conceptual Framework
Positionality Statement
NCBFs have been marginalized, criticized, and labeled as deadbeats and absent. As a
Black man being a father is vital to who I am. Growing up without a father created a void in my
formative years of development. Not having an involved father is troubling for a child to miss a
vital connection to who they are or will become. This Capstone Project referred to as the NCBF
Training, came to life from personal experiences with the family court system after a divorce
and interaction with close friends who had family court experiences that profoundly undervalued
their contribution as NCBFs.
Many NCBFs feel powerless when they must go into family court; for some, their only
role is to accept what the courts give them. When no one challenges racist narratives like the
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“absent Black father” myth in research, media, and pop culture, this ultimately justifies policies
that punish and harm Black families (St. Julien, 2021). The Capstone project is designed to train
and provide knowledge to NCBFs to improve their chances of being viewed as viable and
worthy custodial parents in family court. Public policies affecting Black families get constructed
from a default analysis; the assumption that NCBFs are absent and do not engage with their
children results in punitive measures directed at Black fathers (St. Julien, 2021).
NCBFs are further affected by gender stereotypes that may influence the decisions of the
judicial system that delegates custody (Sillence, 2020). I grew up without my father, experienced
divorce, and had to rely on the court to allow me to be a stable fixture in my son’s life. The
experience highlighted some inequities for me, and I had legal counsel. This experience allowed
me to focus on creating a way to provide knowledge and training to NCBFs who do not have
legal representation, so they will be better equipped to represent themselves in family court.
NCBF Training is about the well-being of Black families, explicitly ensuring the healthy
development of youth as one of the Grand Challenges that Social Work addresses.
Despite the progress and the exposure that shows that NCBFs are involved in their
children's lives, the assumption still prevails that NCBFs have little involvement with their
children. This prevailing assumption impacts judges, attorneys, and the public view of NCBFs.
This biased assumption directly affects the outcome of many divorces, child custody, and child
support cases involving NCBFs (Louis, 2020). To combat this myopic view of Black fathers and
their contribution to the healthy development of their children, this Capstone Project aims to
challenge the biased assumptions about Black fathers by providing them with knowledge and
insight on preparing for and navigating the family court system that may bring recognition to the
continued inequities.
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When testing this project and working with the Fatherhood initiative program
administered by Rising Ground, Inc, a non-profit organization in NY, the NCBFs were not shy
about their thoughts and feelings. In the group, some common themes emerged, including a lack
of knowledge about family court, a poor understanding of fathers' rights, and trepidation to
challenge or question what happens in their cases. Some NCBFs stated that the family court
system, in their estimation, is against the Black man.
Though many fathers care for their children equally, the mother is often still considered
the “primary caretaker,” which is unfair to involved fathers (Louis, 2020). NCBFs are caregivers,
but on many occasions, they are not viewed as caregivers or excluded from more significant
conversations about care. As a result, family-supportive public policies, primarily shaped by
cultural narratives, may fail to account for the needs of NCBFs and make it harder for them to
care for their loved ones (St. Julien, 2021).
Logic Model
The NCBF Training is developed based on the framework of the inequities in the family
court system where NCBFs are less likely than non-custodial White fathers to be awarded
custody of their children. Many Black fathers perceive racism in family court and how it affects
their experiences (Palmer, 2020). The components of the logic model for the NCBF Training are
found in Appendix A. The NCBF Training was piloted with 8 NCBFs through skill practice
sessions that place them in the courtroom and facilitate dialogue to address the biases many
NCBFs may face in family court. The NCBFs participated in activities that included a simulated
mock courtroom experience and breathing techniques for use in stressful moments that will come
up in the courtroom. The NCBFs learned about their legal rights and have practical know-how of
how the family court operates and how to increase their involvement in their children's lives.
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The long-term outcome is a change in how family court officials’ biased assumptions
directly affect the outcome of many divorces, child custody, and child support cases involving
Black fathers (Louis, 2020). The NCBF training creates a process that includes strategies to
improve relationships between NCBFs and their children, increase equity and fairness in custody
decisions, reduce marginalization discrimination of NCBFs, and the development of healthy
youths and families. As NCBFs go through the NCBF Training, they create confidence because
they are moving forward with more knowledge and new skills that will make the family court
process less daunting.
Project Description
Description of the proposed solution.
The NCBF Training aims to prepare NCBFs to challenge in family court without legal
representation to be the custodial parent of their children. Recruits for this project were found at
the Fatherhood Initiative Program at Rising Ground, Inc, a non-profit organization in NY. After
describing the purpose and the process of the project, eight NCBFs fully engaged in this process.
Each NCBF shared their situation and their previous experiences with the family court if they
had it. They openly discussed their concerns about how the court may treat them and why they
choose not to have legal representation in family court. The session started with introductions, a
check-in on their week, and a facilitator-led engagement on what the participants felt they
needed to know to prepare for family court. Each time this model is used, the group should be
capped at eight non-custodial Black fathers. This is important for group continuity and
effectiveness.
The proposed solution is the NCBF Training; see Appendix D; the training manual is in
Appendix I. This solution is training for NCBFs who self-represent in family court. This training
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is a five-week process, with the fifth week being the week after their family court hearing. Eight
NCBFs played an integral role in designing the NCBF Training. The eight NCBFs were vital
because they were clear about what they needed and gave ideas of how the process should look
and the areas they wanted knowledge on.
The NCBFs who participated did not trust the court system nor believed that a free
attorney would represent their best interest. The fathers wanted to get their positions heard and
their rights as a father to be respected. In session one, the needs of the Black fathers are discussed
by engaging in a facilitated dialogue about their concerns to prepare the NCBFs from low-
income communities to represent themselves in family court. The group of eight NCBFs came
consistently to the 2.5-hour sessions and participated in developing the NCBF training.
Solution Landscape
Family court is a challenging and complex area of law, and many NCBFs struggle to
navigate the legal system without legal representation. In NY, no specific programs focus on
preparing NCBFs without legal representation for family court. The existing resources do not
specifically cater to NCBFs with legal representation preparing for family court. They do claim
to provide valuable assistance and support to individuals navigating the legal system in NY,
including:
1. The New York City Bar Association's Legal Referral Service: This service provides
referrals to qualified attorneys who can offer legal representation to individuals who
cannot afford it (New York City Bar Association, n.d.).
2. The New York State Unified Court System's Access to Justice Program: This program
assists and supports individuals representing themselves in court, including resources and
guidance on court procedures and legal forms (New York State Unified Court System,
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n.d.).
3. The New York City Department of Social Services' Fatherhood Initiative: This initiative
offers a range of services to fathers, including legal assistance, counseling, and job
training, to help fathers become more involved in their children's lives and navigate the
legal system (New York City Department of Social Services, n.d.).
4. The Black Male Initiative at the City University of New York: This initiative provides
academic and personal support to black male students, including assistance with legal
issues (City University of New York, n.d.).
In the research process, some programs were found in other states providing some of the
NCBF Training. The Fathers and Families Center (FFC) in Indianapolis, Indiana, is an
organization that helps NCBFs prepare for family court. The FFC provides various services,
including legal assistance, counseling, and job training, to help fathers become more involved in
their children's lives and navigate the legal system (Fathers and Families Center, n.d.).
Another program is the Fathers' Rights Law Center in San Diego, California. The center
provides legal representation and assistance to fathers facing custody battles, child support
disputes, or other family law issues (Fathers' Rights Law Center, n.d.).
The National Fatherhood Initiative (NFI) is another organization that offers resources and
support for fathers, including those who are facing family court proceedings. The NFI provides
online courses, workshops, and publications to help fathers improve their parenting skills and
navigate the legal system (National Fatherhood Initiative, n.d.).
These programs offer various services, including legal assistance, counseling, and job
training, to help fathers become more involved in their children's lives and navigate the legal
system. The Fathers and Families Center, Fathers' Rights Law Center, and National Fatherhood
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Initiative are examples of successful programs that have helped fathers secure custody and
visitation rights and promote responsible fatherhood. However, these programs only exist outside
of NY. No resources in NY specifically focus on the NCBFs and provide them with knowledge
and skills to prepare them to represent themselves effectively in family court without a legal
representative.
Prototype Description
The NCBF Training provides the training and knowledge to navigate and operate in a
family court.
Step One – Conversation. Each participant is greeted, and the facilitator introduces him or
herself and states their qualifications. The purpose is to educate and train self-representing
NCBFs to be prepared for family court. The rules of each session are as follows:
1. Respect each other’s perspectives.
2. All questions are valid in this learning process.
3. Address the group, not the individual.
4. Do not take things personally.
5. Respect the space.
6. Be open-minded.
7. Be flexible.
8. Let us learn together.
The facilitator engaged the NCBFs in:
• Discussing their experiences with family court and what they know about how it operates
for those who have the experience from previously participating in a family court hearing.
• Completing a survey about their beliefs about family court and how non-custodial fathers
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are viewed.
• In a facilitator-led discussion on why they chose not to have legal representation.
• Sharing the challenges they believed they would face in family court and why?
• A preview of the upcoming session, Awareness wraps up the session.
In step one, the fathers were expressive and emotional. Sometimes they were unsure, they were
happy, and at times they were angry because they felt the odds were against them, but they will
not be deterred.
Step Two – Awareness. Each NCBF engages in a facilitated dialogue about what they fear about
attending family court.
• Who may be present in the courtroom?
• Facilitators and experienced fathers share what family court was like for them.
• This session discusses what to do and what not to do in the courtroom.
• As a part of the sessions, the facilitator engages in a discussion about what documentation
should be brought to court.
• All NCBFs are introduced to breathing techniques that will be helpful in the courtroom
see Appendix H. Keeping calm is the goal in a family court proceeding.
A preview of the central point for the next session, Readiness, is discussed.
Step Three – Readiness. Each NCBF engaged in a facilitated dialogue about their legal rights in
New York and what these legal rights mean for them. To educate the fathers, the legal rights of
non-custodial fathers are examined and explained, and they are:
• Right to parenting time.
• Right to make decisions about the child.
• Right to access information.
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• Right to seek custody.
• Right to legal representation (NY CLS Dom Rel § 70, 2022).
The fathers then engage in a simulated 45-minute mock court session. The fathers are
asked challenging questions to examine how they may respond in court. The facilitator or
visiting attorney asks the NCBFs tough questions. Each mock session starts by asking, “What is
your purpose before this court today?” The facilitator or visiting attorney will determine each
follow-up question based on the non-custodial father's response. After the simulated family court
session, the fathers will be asked about their feelings and discuss the difficulties and fears that
being in family court could bring out.
The next step is to review and practice breathing techniques; the purpose is to give the
NCBFs a way to remain centered and composed if they begin to get upset or angry in court. For
this process, paced breathing and 4-4-8 breathing techniques were taught to the NCBFs. This part
of the session is a 20-minute session that will be spent practicing breathing techniques and
proactive steps that can be taken before going to court. While there are things that can be done in
court to keep calm, it is better to plan how to manage unexpected emotions that may occur. It is
important to be aware of body language see Appendix J and the body language of others to gain
insights that may be essential in the court hearing. Calming techniques include mindful
breathing, concentration, body awareness, tension release, and walking meditation; these are
helpful ways to control emotions in family court.
Step Four – Action. Before the court date, go to the court to get familiar with the court and sit
through a proceeding; the court allows others to sit in. Self-representation requires preparation,
organizing documents for court, and outlining what will be said in court. On the day of the
family court hearing, have personal identification, have needed documents, financial records,
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communication records with the children, pen, and paper, and be patient. Get to court: Arrive
early enough to get through security. Remember the purpose (e.g., children, rights as a father,
more family time, etc.). Stay focused and relaxed. Do breathing exercises if anxious, nervous, or
upset. Find a quiet moment and do paced breathing or 4-4-8 breathing technique. Turn off all
electronics, and do not expect special treatment because of the self-representation decision.
In the Courtroom:
• Listen attentively, and if time is needed to clarify how to respond, ask for the question to
be restated, allowing more time to process how to answer.
• Do not answer questions unless clear on what is being asked by the opposing party or the
judge but be clear of one’s understanding of the question.
• Once clear on what is being asked, answer specifically what is being asked, and do not
volunteer any information.
• If the information the opposing party states is inaccurate, do so respectfully and counter
with the proof when it is time to speak.
• Present only facts.
• Control emotions and body language, including facial expressions.
Each party will present separately, and the child/children will be represented. The legal
representative for the child/children will question on the child/children's behalf, and the
child/children’s mother or their representative will get to ask questions. Always be mindful of
facial expressions, head movements, and tone of voice when responding.
Step Five – Debriefing. This is essential after the family court appointment. Sharing a recap of
the family court process is an essential part of the NCBF Training because it is the most direct
way for NCBFs to know if the training was integral to their preparation process. The non-
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custodial fathers are asked to return to the group to debrief after family court by sharing their
experiences and how they emotionally handled the proceedings. As a part of the debriefing, a
facilitated engagement will lead to a review of what they think went right and what they should
have done differently.
Final Step - Assessment. At the end of the five sessions, each NCBF participant is asked to take
a survey to evaluate the effectiveness and helpfulness of the NCBF Training (See Appendix G).
Likelihood of Success
The NCBF Training prepares NCBFs without legal representation for family court.
NCBFs must prepare for family court to ensure fair and equitable outcomes in custody decisions.
Adequate preparation can help NCBFs navigate systemic barriers and racial biases that may
impact their ability to be involved in their children's lives (Gerring & Kemp, 2018).
Preparation for family court can involve gathering relevant documentation, understanding
legal rights, and presenting a clear and consistent case for the father's ability to provide a safe,
supportive, and nurturing environment for their child (Mason, Font, & Sorenson, 2019). By
being well-prepared, NCBFs can more effectively challenge biases or stereotypes that might
influence custody decisions (Harris & Skyles, 2018).
Culturally competent judges can understand, appreciate, and effectively work with people
from diverse cultural backgrounds. Judges who can recognize and respect the values, beliefs, and
customs of different cultures can adapt their approach to meet the needs of individuals and
communities from those cultures. Culturally competent trained judges can recognize their biases
and develop strategies to overcome them (Gutierrez & Williams, 2018).
Methodology
Human Center Design
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The proposed project is innovative because it focuses on NCBFs from low-income
neighborhoods without legal representation. It breaks down the fears and the rumors of family
court and addresses bias and stereotypes. It also creates a safe space for the NCBFs to express
themselves without judgment. Their confidentiality was maintained. They were all treated fairly,
and they each consented to participate. NCBFs experienced a type of training designed for their
needs. It provides a simulated family court experience to train NCBFs to handle their emotions in
court. At the beginning of the pilot project, the Black fathers of the Fatherhood Initiative Program
of Rising Ground, Inc, participated in focus groups and talked one-on-one about what they have
been through with the family court process and with legal professionals.
In the focus groups, it was discussed what the NCBFs wanted, and the aim of the pilot
program. As discussed with the NCBFs, the programs aim to help fathers understand their legal
rights, develop effective communication strategies, and navigate family court's emotional and
psychological stress while equipping them with the skills and tools to navigate family court and
stay composed through the challenges of the process.
Through the brainstorming sessions, the NCBFs helped to outline the process and steps
involved through facilitator-guided discussions. This was done through role-playing exercises
and personal experience sharing that others in the group could learn from. The prototype was
developed and tested with a small group of eight NCBFs who had upcoming family court
hearings within five-week sessions that were carved out to test the pilot program. Based on the
feedback on the prototype from the NCBFs, colleagues from the academic community, and my
program mentor, refinements and improvements were incorporated into the final prototype
design.
This project separates the facts from the fiction; it identifies NCBFs’ feelings about
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family court, the anger, the fear, the unfairness, and the loss brought about by stereotypical views
factoring in the decision process. This Project gives practical courtroom knowledge by simulating
the courtroom experience and providing NCBFs with mindfulness exercises to process their
feelings. Other training focuses on legal consultation, child support, co-parenting, how to choose
a lawyer, how to dress for court, and addresses the mental health issues associated with child
custody challenges. The research shows that NY offers a great deal of self-help information for
those going into housing court and criminal court, and other civil litigation. Still, there needs to
be more self-help for family court, and the NCBF Training fills that gap by focusing on
preparing NCBFs.
Design Criteria
The design criteria of the NCBF Training have as its foundation legal knowledge to give
NCBFs a basic understanding of family law and custody cases, including the legal processes,
procedures, and requirements involved in custody disputes (Murchison & McDowell, 2019). The
training program provides the NCBFs with a basic understanding of the family court system,
relevant laws, and legal processes to help them navigate the court system effectively (Girshick,
2018). The NCBF Training will train the participating fathers on what to say and what not to say
in family court because it is essential to have practical communication skills to articulate clearly
and persuasively to the court personnel (Debnam & London, 2019) to enable the possibility of
having favorable outcomes. In the training, the NCBFs get a clear understanding of how to dress
appropriately, communicate with the judge and other court personnel, and behave in court
(Ramirez, 2021) by engaging in facilitator-led discussions on the expectations of the courtroom.
The courtroom is stressful, and understanding breathing and stress relieving techniques is
how the NCBFs were provided emotional support tools to help them cope with the stress and
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emotional strain of representing themselves in court (Lambe & McIntosh, 2020). The program
trained the NCBFs with advocacy skills, including preparing and presenting evidence, cross-
examining witnesses, and developing a solid case strategy (Girshick, 2018). NCBFs are trained
on the importance of advocacy, including active listening, clear and concise expression, and the
ability to negotiate and compromise (Horsford & Tillman, 2019). The NCBF training focuses on
developing emotional intelligence, including the ability to recognize and manage one's own
emotions and empathize with the emotions of others (Barnes et al., 2020). The NCBF Training
aims to empower NCBFs to participate actively in the custody process, giving them the
confidence and skills to navigate the legal system and protect their rights as fathers.
Implementation Strategy
Implementation Plans
Figure 1: NCBF Training Budget (Appendix C)
The NCBF Training Budget
First Fiscal Year 7/1/23 to 6/30/24
Category $’s (000’s) Comments
REVENUE
Individual Donors $15,000.00
Foundation Grants $10,000.00
Black Fathers Foundation & Fathers
Uplift
DYCD $30,000.00
Department of Youth & Family
Development
Total REVENUE $55,000.00
EXPENSES
Personnel Exp.
Wage/Salaries
Facilitators $5,850.00
2 Facilitators@ $45.00 per hour (2.5
hrs. per week)
Instructor $600.00
1 Teaching breathing and relaxation
techniques monthly @ $25.00 an
hour per 4 people
Admin. Asst. $7,800.00
Part-Time Admin. Asst @$150.00
per week
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Legal Professional $4,500.00
1 Legal Professional @$250.00 per
hour 1.5 hrs. per month)
Sub-Total $18,750.00
Total Pers. Exp $18,750.00
Other Operating Exp.
Snacks & Beverages $18,200.00 $350.00 per week for 52 weeks
Occupancy/Rent $0.00
Projector $369.99
Computer $983.40
Cell Phone $600.00 Monthly cell phone bill $50.00
Mats $189.90 $18.99 x 10 mats
Trng/Prof. Dev. $1500.00
Travel & Enter. $12,000.00 $1000.00 per month
Prof. Srvc’s* $0.00
Office Supplies $250.00
Resources $1,100.00
Total Other Op Exp. $35,193.29
Total EXPENSES $53,943.29
SURPLUS $1,056.71
Implementing the NCBF Training will cost about $53,943.29 for the first year. The
revenue stream will be from individual donors, NCBFs supportive organizations (Black Fathers
Foundation and Fathers Uplift), and the Department of Youth & Family Services (City of NY
Agency). Personnel expenses are expected to be about $18,750.00, and operating expenses will
be about $35,193.29. When the expenses are deducted from the revenues for the first year, there
will be a surplus of about $1,056.71.
The NCBF Training requires two group facilitators, an instructor to teach breathing and
relaxation techniques, and a part-time Administrative Assistant, whose role will be to keep track
of sessions, get session material ready, and manage the NCBFs court appointments, to ensure
that they are in the appropriate session once they had their hearings. A legal professional will
infuse the latest legal approaches into the training and provide added legal counsel the
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participants may need before their court hearings. The two facilitators should be trained licensed
professionals who can handle groups. The instructor is there to provide the NCBFs with
mindfulness self-care training, like the breathing techniques they can use in the courtroom to
maintain their composure during challenging moments.
During the five-week training, the knowledge of the NCBFs will be assessed about what
they know and feel about family court. At the end of the training, after they have completed their
family court hearing, the NCBFs will be assessed on how the NCBF Training equipped them to
represent themselves in family court. It is necessary to know how the NCBFs feel about the
training, whether it was effective or allowed them to be better prepared to stand before the judge
and advocate on their behalf.
This NCBF Training can open the eyes of NCBFs and exposes them to a system that
needs change, and through their actions, change in a broken system will lead to more equitable
outcomes for NCBFs in family court. A way to affect change is to be a part of the system to make
the changes and have more NCBFs who work in the legal system, including lawyers, judges, and
other court personnel; their voice can be greater than the interaction in the courtroom. This can
lead to more fair and equitable outcomes for Black fathers and their families (Barnes et al., 2020).
Challenges
One of the primary challenges to implementing a training program for NCBFs is securing
funding (Coleman, 2019). Funding is essential for developing and delivering the training
program to the broader community. However, securing funding can be challenging, particularly
for programs targeting marginalized populations (Smith, 2022). Many organizations with NCBF
programs have limited access to operating budgets, making it challenging to allocate resources to
new programs like training. The flexibility of such a training program is vital to addressing the
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challenge of access to NCBFs.
Many NCBFs have family obligations that must be considered to get the buy-in needed to
conduct the NCBF training. Many NCBFs have had negative experiences with the family court
system, including discriminatory treatment and unfair outcomes. This lack of trust can make it
challenging to convince NCBF that the training will be helpful and that the family court system
can be fair. Addressing this lack of trust may require collaboration between community
organizations, legal professionals, and policymakers to improve the overall functioning of the
family court system.
It is essential to ensure that the training program is culturally competent and responsive to
the needs of NCBFs. This means individuals who understand the unique challenges and biases
Black fathers face in the family court system should develop and deliver the training program
(National Council of Juvenile and Family Court Judges, 2014). Addressing the issue of cultural
competence is important because the facilitator can Identify with the participant's situation, and
they can identify with the facilitator because he or she represents the culture.
Ethical Considerations
Designing training, such as the NCBF Training, will be delivered respectfully, fairly, and
equitably for all NCBFs who participate. Some ethical considerations faced with this Capstone
Project are:
1. Informed Consent: Informed consent is a critical ethical consideration when developing a
training program. Participants must understand the program's purpose, what they will be
expected to do, and the potential benefits and risks. Informed consent also ensures that
participants can withdraw from the program without penalty (Sukal-Moulton & Martin,
2020).
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2. Confidentiality: Confidentiality is another critical ethical consideration. Participants
should be informed of the confidentiality policies and understand what information will
be kept confidential and what information may be shared (Sukal-Moulton & Martin,
2020). The confidentiality policy should align with the relevant laws and regulations
related to privacy and confidentiality.
3. Fairness: The training program should be designed and delivered in a manner that is fair
to all participants. This means the program should be accessible to all interested NCBFs,
regardless of their background or circumstances. The program should also be delivered in
a manner that is culturally competent and sensitive to the unique challenges that Black
fathers face in the family court system (Mandara & Richman, 2018).
Developing and implementing a training program for NCBFs to self-represent in family
court requires consideration of ethical considerations such as informed consent, confidentiality,
and fairness. These are all critical ethical considerations that should be considered when
designing and delivering the program. By considering these ethical considerations, the training
program can be designed and delivered in a manner that is respectful, fair, and equitable to all
participants.
Lessons Learned
In developing The NCBF Training, the NCBFs had strong feelings about family
court and what to expect. They knew what they wanted but feared the outcome and if they would
be treated fairly. The NCBFs want to have a say in the outcome of their cases because they have
little trust in the legal system. The NCBFs were more confident and felt better prepared to enter
family court to stand for their rights to be active in their children's lives. The fear of family court
outcomes and the distrust the NCBFs have of the legal system were highlighted in the
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development of the NCBF Training. This insight was valuable because it spoke to these NCBF's
experiences of family court in New York and the factors they believe are contributing to them
being less likely to be awarded custody of their children.
Next Steps
The next step for this project is to implement NCBF training into existing programs
designed for NCBFs from low-income communities. This training is for small groups of NCBFs.
This training was designed to be facilitated by a licensed professional, such as a Licensed Social
Worker, a Licensed Therapist, or a Licensed Clinical professional. The training will have a specified
meeting time, date, and location for NCBFs with upcoming family court appointments to meet.
Measuring the success of this training will be done through participant feedback, determining the
cost-effectiveness of implementing the training, and the extent to which the NCBFs apply the
training in their family court hearings.
To address the problem of NCBFs not being awarded custody of their children in family
court, a theory of change must factor in a long-term solution of systemic change to have equitable
outcomes. Doing this will involve challenging and dismantling the systems of racism and biases
within the legal system. To achieve this, it will be necessary to provide anti-racism training for
judges and court officials to reduce biases and ensure that all parties are treated fairly; increase
access to legal resources and assistance for NCBFs to help them navigate the legal system and
challenge discriminatory practices; and encourage the involvement of NCBFs in child welfare
planning and policymaking to ensure that their voices are heard, and their perspectives are
included in decision-making. Promoting systemic change can improve the treatment of NCBFs in
family court and their chances of being awarded custody of their children.
Conclusion
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The NCBF Training is an effort to teach NCBFs from low-income communities to go
into family court and have some understanding of what to expect, how to act, and how to keep
emotions in check during their proceedings. NCBFs may choose to self-represent for various
reasons, and the instruction they will receive from the NCBF Training provides strategies they
can use so they will enter the courtroom prepared.
The NCBF Training served the NCBFs in the pilot program well. They were pleased that
they experienced the in-depth preparation for family court. This training is a way to prepare
NCBFs to navigate the judicial system and participate in the co-parenting process. This NCBF
Training prepares NCBFs by integrating into the training design input from peer advocates with
lived experience who have personally navigated the family court system and understands the
challenges that NCBFs face in family court and can provide emotional support, legal guidance,
and advocacy (Brown et al., 2019).
Research has shown that peer advocacy programs can be effective in helping non-
custodial parents navigate the family court system. In a study by Brown and colleagues (2019),
non-custodial parents who participated in a peer advocacy program reported feeling more
confident and knowledgeable about the legal process and were more likely to attend court
hearings than those who did not receive such support.
Peer advocates with lived experience can also help NCBFs develop strategies for coping
with stress, managing emotions, and building resilience. Policies that support access to legal
resources address bias and discrimination and promote parental rights and responsibilities can
also help support NCBFs and ensure they have a voice in the decisions that impact their lives and
their children's lives.
Personal biases and assumptions can negatively impact the outcomes of non-custodial
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black fathers in the family court system (Bucknor & Clancy, 2018; Suk, 2019). Family law
practitioners must challenge their biases and assumptions to ensure these fathers receive fair and
just outcomes. Education and training, seeking diverse representation, engaging with clients, and
reviewing outcomes (Bell, 2020; Feinberg & Willer, 2019). All strategies that practitioners can
use to challenge their personal biases and assumptions. Family law practitioners can play a
critical role in promoting justice and equity for non-custodial black fathers in the family court
system by taking these steps.
The Senior Vice President of Preventative Services and the Vice President of Family
Foster Care have engaged in discussions to continue working with the NCBFs in their
Fatherhood Initiative Program. The positive feedback they got from the Black fathers in the pilot
program is helping to take this program to its next step in the scaling process, which is to present
this program to the Department of Youth & Family Development.
NCBFs are not alone; peer advocates with lived experience offer a unique perspective
and provide NBCFs with the necessary information, guidance, and resources to navigate the
family court system effectively. This pilot incorporates NCBFs with lived experiences into the
NCBF training design. The intended outcome of this training is to give NCBFs opportunities that
can lead to more fair and equitable outcomes for Black fathers and their families (Barnes et al.,
2020).
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family court system: Recommendations for judicial decision-making. Author.
https://www.ncjfcj.org/wp-content/uploads/2020/11/Race-Equity-in-Family-Court-
System.pdf
National Council of Juvenile and Family Court Judges. (2014). Culturally responsive family
court practice: A guide for court practitioners. https://www.ncjfcj
National Fatherhood Initiative. (2018). The importance of father involvement in the lives of
children. Retrieved from https://www.fatherhood.org/the-importance-of-father-
involvement.
National Fatherhood Initiative. (2018). 70% of Non-Custodial Fathers Go to Court Without a
Lawyer. [Press release]. Retrieved from https://www.fatherhood.org/70-of-non-custodial-
fathers-go-to-court-without-a-lawyer.
National Fatherhood Initiative. (n.d.). About us. Retrieved from
https://www.fatherhood.org/about-us
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New York City Bar Association. (n.d.). Legal Referral Service. Retrieved from
https://www.nycbar.org/get-legal-help/
New York City Department of Social Services. (n.d.). Fatherhood Initiative. Retrieved from
https://www1.nyc.gov/site/hra/help/fatherhood-initiative.page
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Retrieved from https://www.nycourts.gov/selfhelp/family/custodyvisitation.shtml
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https://www.nycourts.gov/courthelp/RepresentingYourself.shtml
Ngaosuvan, L. S. (2018). The equality principle: Splitting the difference in custody disputes.
Family Court Review, 56(4), 583–596. https://doi.org/10.1111/fcre.12377
Nock, S. L. (2018). The costs of father absence. Institute for Family Studies.
https://ifstudies.org/blog/the-costs-of-father-absence-2
Palmer, R. (2020). Perceptions of racism in family court: Voices of African American fathers.
Journal of Divorce & Remarriage, 61(8), 610-622. doi: 10.1080/10502556.2020.1800315
Perry, R. (2020). The Black Father in Family Court: Racial Bias, Stereotypes, and the Importance
of Positive Father Involvement. Journal of Human Behavior in the Social Environment,
30(8), 1009-1021. doi: 10.1080/10911359.2019.1703964.
Ricks, L. M., Hunter, C. D., & Brown, L. J. (2021). Fatherhood and custody outcomes:
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https://doi.org/10.1177/0192513X20920536
Roberts, D. E. (2014). Killing the black body: Race, reproduction, and the meaning of liberty.
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Vintage.
Robertson, W. O. (2022). Fatherlessness, A Look at One of America's Most Pervasive Social
Problems (thesis).
Smedley, R. K. (2019). Black Fathers in Family Court: Uncovering the Institutional Biases.
Western Journal of Black Studies, 43(1), 73-80.
Smith, J. (2022). Overcoming funding challenges for programs targeting marginalized
populations. Journal of Social Work, 20(3), 56-67.
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Smith, J. (2019). Racial disparities in child custody outcomes in New York family courts. Journal
of Family Law, 45(3), 301-318.
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court. Family Law Review, 51(3), 327-343.
Stewart, C. (2021, June 20). Retrieved March 1, 2023, from
https://www.nevadacurrent.com/2021/06/20/the-myth-of-the-absent-black-father/.
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with-democrats-over-race-role-fathers/
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Fathers.https://blog.petrieflom.law.harvard.edu/2022/05/10/institutional-racism-and-the-
rights-of-black-fathers/
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10.1080/13822787.2017.1388560
Zilll, N. (2020). Facts About Custodial and Non-Custodial Fathers in the
U.S. https://ifstudies.org/blog/facts-about-custodial-and-non-custodial-fathers-in-the-us
1 in 4 states don't require judge to consider child's custody preference. Can a child decide custody?
Data & age rules by U.S. state. (2020, November 17). Retrieved April 1, 2023, from
https://www.custodyxchange.com/topics/research/custody-preferences-children.php
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Appendix
Appendix A: Logic Model
Capstone Project: Training for non-custodial Black fathers without legal representation to prepare them
to go into family court (NCBF Training)
Goal: For non-custodial Black fathers to be prepared to self-represent in family court
INPUTS ACTIVITIES OUTCOMES
What We Invest What We Do Who We Reach
Short-Term Results Long-Term Results
Time
Knowledge
Resources
Partnership
Preparation
Funding
Equipment
NCBFP training
Simulate mock
court experience.
Review fathers’
rights
Teach breathing
techniques.
Identify fears.
Manage
expectations
Non- custodial
Black fathers
Black mothers
Lawyers
Judges
Court
personnel.
Community
partners.
Understanding of
Fathers' legal rights in
NY.
Knowledge of family
court proceedings.
Breathing techniques.
How to dress for family
court
To self-represent
Confidence
Stress Management
Expose disparities in
the family court
system.
Increased equity and
fairness in custody
decisions.
Show non-custodial
Black fathers are not
stereotypes.
Create more
equitable outcomes
for non-custodial
Black fathers.
Reduced
discrimination and
marginalization.
Develop healthy
youths.
Stronger Black
families.
Improved father-
child relationships.
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Appendix B: Design Criteria
NCBF Training for NCBFs self-representing family court.
Design Goal
• NCBFs want to be heard by family courts and be taken seriously.
• This Capstone Project fills an emotional, functional, and
psychological need for non-custodial fathers.
• It allows non-custodial fathers to challenge stereotypes and biases.
User Perceptions
• It gives them vital information and training to navigate family court
without legal representation.
• It allows NCBFs to go into family court more confident and with
tools that they could use to keep themselves calm.
• Willingness to participate and it is easy for them you understand
what is expected of them in training.
Physical Attributes
• The solution relies on the survey to capture usage and how it benefits
the user.
• This capstone is designed for NCBFs representing themselves in
family court and with a pending family court case.
• There are not connectivity issues because the training is in-
• person but can be done on-line if necessary.
Functional Attributes
• The design only accommodates NCBFs self-representing with a
pending case in family court.
Constraints
• This can be done in person or virtually with no constraints.
• No ecosystem and regulatory concerns
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Appendix C: Budget NCBF Training
The NCBF Training Budget
First Fiscal Year 7/1/23 to 6/30/24
Category $’s (000’s) Comments
REVENUE
Individual Donors $15,000.00
Foundation Grants $10,000.00
Black Fathers Foundation & Fathers
Uplift
DYCD $30,000.00
Department of Youth & Family
Development
Total REVENUE $55,000.00
EXPENSES
Personnel Exp.
Wage/Salaries
Facilitators $5,850.00
2 Facilitators@ $45.00 per hour (2.5
hrs. per week)
Instructor $600.00
1 Teaching breathing and relaxation
techniques monthly @ $25.00 an
hour per 4 people
Admin. Asst. $7,800.00
Part-Time Admin. Asst @$150.00
per week
Legal Professional $4,500.00
1 Legal Professional @$250.00 per
hour 1.5 hrs. per month)
Sub-Total $18,750.00
Total Pers. Exp $18,750.00
Other Operating Exp.
Snacks & Beverages $18,200.00 $350.00 per week for 52 weeks
Occupancy/Rent $0.00
Projector $369.99
Computer $983.40
Cell Phone $600.00 Monthly cell phone bill $50.00
Mats $189.90 $18.99 x 10 mats
Trng/Prof. Dev. $1500.00
Travel & Enter. $12,000.00 $1000.00 per month
Prof. Srvc’s* $0.00
Office Supplies $250.00
Resources $1,100.00
Total Other Op Exp. $35,193.29
Total EXPENSES $53,943.29
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SURPLUS $1,056.71
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Appendix D: Prototype
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Appendix E: Conversation Survey
1. Have you ever had to go to family court in New York?
a. Yes
b. No
2. If yes, what was the reason for your court appearance?
a. Child custody
b. Child support
c. Divorce
d. Domestic violence
e. Other (please specify)
3. How do you think a Black father going into family court would feel?
a. Empowered
b. Disempowered
c. Respected
d. Disrespected
e. Other (please specify)
4. How do you believe Black fathers are treated by court staff, lawyers, and judges during
your court appearance?
a. Respectful
b. Disrespectful
c. Caring
d. Uncaring
e. Other (please specify)
5. Do you feel race or ethnicity factors into a man’s experience in family court?
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a. Not at all
b. A little
c. Somewhat
d. A lot
6. Do you feel like Black men have the same chance of success in court as someone of a
different race or ethnicity?
a. Yes
b. No
c. Not sure
7. Did you feel the court system understood or valued the perspective and experience of a
Black father?
a. Yes
b. No
c. Not sure
8. Do you feel like there are systemic biases or challenges that Black fathers face when
navigating the family court system?
a. Yes
b. No
c. Not sure
9. Did you feel that family court judges are impartial and unbiased?
a. Yes
b. No
c. Not sure
10. Did you Black fathers face challenges or obstacles when navigating the family court
system in New York?
a. Yes
b. No
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c. Not sure
11. Did you feel the Black father’s rights are adequately protected in a family court case?
a. Yes
b. No
c. Not sure
12. Do you believe a Black father can obtain a fair and unbiased hearing in family court?
a. Yes
b. No
c. Not sure
13. What, if anything, could be done to improve the experience of Black fathers in family
court? (Please specify)
Thank you for your participation!
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Appendix F: Screening Criteria Tool
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Appendix G: Assessment of the NCBF Training.
1. Did the training you received adequately prepare you for the family court process?
a. Yes
b. No
c. Not sure
2. Did the training you received help you understand your rights and options in family
court?
a. Yes
b. No
c. Not sure
3. Did the training you received help you feel more confident and empowered in family
court?
a. Yes
b. No
c. Not sure
4. Did the training you received address specific challenges or biases that Black fathers may
face in family court?
a. Yes
b. No
c. Not sure
5. Did you feel like the training you received adequately addressed your unique needs and
concerns as a Black father going into family court without a lawyer?
a. Yes
b. No
c. Not sure
6. How much did the training you received impact the outcome of your family court case?
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a. A lot
b. A little
c. Not at all
d. Not sure
7. Would you recommend this training or education to other Black fathers going into family
court without a lawyer?
a. Yes
b. No
c. Not sure
8. What other types of support or resources do you think would be helpful for Black fathers
going into family court without a lawyer? (open-ended question)
9. Did the training you received adequately prepare you for the legal and procedural aspects
of family court?
a. Yes
b. No
c. Not sure
10. Did the training you received provide you with any practical tips, skills, or strategies for
navigating family court without a lawyer?
a. Yes
b. No
c. Not sure
11. Did the training you received help you understand how to communicate effectively with
judges and court staff?
a. Yes
b. No
c. Not sure
12. Did the training you received address any specific issues related to child custody?
a. Yes
b. No
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c. Not sure
13. Did the training you received help you understand how to gather and present evidence in
family court?
a. Yes
b. No
c. Not sure
14. Did the training you received address any specific challenges or biases that Black fathers
may face when trying to obtain custody?
a. Yes
b. No
c. Not sure
15. Did the training you received help you understand how to file documents and navigate the
court system's administrative procedures?
a. Yes
b. No
c. Not sure
16. Overall, how would you rate the effectiveness of the training you received?
a. Very effective
b. Somewhat effective
c. Neutral
d. Somewhat ineffective
e. Very ineffective
17. Thank you for your participation!
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Appendix H: Breathing Techniques
Paced Breathing
The basic technique is to inhale for a count of 2-4 seconds and exhale for a count of 4-6 seconds.
Find the combination that works for you, making sure to exhale longer than you inhale.
Focus on a specific object, image, sound, or even your breath to free your mind from distractions.
Begin by taking a normal breath and then take a deep breath. Breathe in slowly through your
nose, letting your chest and lower belly expand. Breathe out slowly through your mouth, pursing
your lips and making a swoosh sound.
If your mind wanders, gently redirect your focus back to counting and breathing.
Using a breathing app, in the beginning, can help serve as a breathing coach. Eventually, paced
breathing will become second nature.
4-4-8 Breathing
The 4-4-8 Breathing technique is excellent to use when you feel stressed or tense because it can
help to calm the nervous system, clear the head of distractions, and reduce stress.
While sitting, breathe in through your nose for a count of 4, taking the breath into your stomach.
Hold your breath for a count of 4.
Release your breath through your mouth with a whooshing sound for a count of 8.
Without a break, breathe in again for a count of 4, repeating the entire technique 3-4 times in a
row. Focus on counting when breathing in, holding the breath, and breathing out.
Source: uhs.berkeley.edu/bewellatwork
Appendix I: Training Manual for the NCBF Training
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Action
At the Court
If Anxious or Nervous
Remember your
breathing techniques
4-4-8 Breathing
Or
Paced Breathing
Keep Calm!
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Debriefing – Courtroom Recap (Teachable Moment)
DESCRIBE
EXPERIENCE &
FEELINGS
WHAT IS LIKE WHAT
YOU EXPECTED, OR
WAS IT DIFFERENT?
DID YOU FEEL
HEARD?
DID YOU FEEL THAT
YOU WERE TREATED
FAIRLY?
DID YOU KEEP
EMOTION &
REACTION IN CHECK?
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Appendix J: Body Language Meaning
Source: https://www.businessinsider.com/10-tactics-for-reading-peoples-body-language-
2015-5
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Appendix K: Participant Consent
Participation Consent
DSW Capstone Project Standards and Guidelines
Doctoral training emphasizes the development of knowledge and expertise in a topical area and
the ability to gather, interpret, and synthesize diverse types of information in thoughtful ways to
understand and solve complex problems. The Capstone Project in the DSW demonstrates
doctoral-level training focused on an issue of practice linked to the Grand Challenges for Social
Work.
Capstone Projects may focus on local, regional, national, or global issues. Still, they should
always aim to advance evidence-informed solutions to social problems that positively impact the
lives of individuals, communities, and society. Answers should be grounded in and justified by
careful analysis of the situation causes correlations and existing and proposed solutions.
Solutions should carefully consider an issue's historical, cultural, organizational, and systems
contexts. They should also be realistic and feasible, demonstrated by documented support for
their implementation.
MY CAPSTONE PROJECT
Many stereotypes about Black men may color how society views them as fathers to their
children. I will be focused on preparing Black non-custodial fathers without legal representation
to go into family court. However, the stereotypical views of Black men could influence the
thinking of referees, judges, and lawyers in custody hearings that may impact the outcomes of
custody hearings. Black fathers are favored only 30% of the time in NY. Your insights as
valuable stakeholders would be beneficial to shaping the process. I would be honored to be
allowed to speak to some of your members regarding this matter.
NON-CUSTODIAL BLACK FATHERS TRAINING (NCBF TRAINING)
Non-Custodial Black Fathers without legal representation preparation for Family Court in New
York City
Rupert G. F. Pearson, MS, MBA, LMSW
Doctoral Candidate
Suzanne Dworak-Peck School of Social Work, University of Southern California
1234 Trousdale Parkway, Los Angeles, California 90089 213-740-1234
rgpearso@usc.edu
PURPOSE OF THIS WORKING GROUP
You are being asked to take part in a conversation. Before you decide to participate in this
discussion, it is essential that you understand why your help is needed and what it will involve.
Please read the following information carefully. Please ask the researcher if anything needs to be
clarified or if you need more information. The purpose of this process is to design a guide for
Black non-custodial fathers who either have or are deciding to stand up and challenge social
norms to be the primary caretaker or to take a more active role in the lives of their child/children.
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STUDY PROCEDURES
All participants will be asked to converse with the primary investigator on family court
experiences and the best practices for preparing for family court as they know it. Participants
will be asked to share their experiences and what they have learned from going through the
family court or what they believe they know about the process. Participants will be trained on
court procedure, court process, and calming techniques, involved in a simulated courtroom
experience, and taught breathing techniques. Each participant will also gain some knowledge of
reading body language.
RISKS
There is no foreseeable risk of participation in this interview process, and you may decline to
answer any or all questions. You may terminate your involvement at any time if you choose.
BENEFITS
Your participation will result in developing a guide for non-custodial Black fathers that is
intended to help them as they challenge the family court system to have an active role in the lives
of their child/children. Non-custodial Black fathers must be as prepared as possible, especially
when they must go into a system that questions their willingness to put their children first.
CONFIDENTIALITY
Your participation in this conversation will be kept confidential. What is discussed will not be
shared, and comments will not be attributed to the person commenting. Every effort will be made
to preserve your confidentiality, including the following:
• Notes and interview transcriptions will be kept confidential and used only in developing a
guide. Identifying information will only be necessary for the researcher to maintain.
Participant information will not be collected as a part of this group process.
CONTACT INFORMATION
Suppose you have questions about this research guidance process or experience adverse effects
from participating. In that case, you may contact the researcher whose contact information is
provided on the first page.
VOLUNTARY PARTICIPATION
Your participation in this group is voluntary. It is up to you to decide whether to participate in
this process. You will be asked to sign a consent form if you experience it. After you sign the
consent form, you can withdraw anytime without giving a reason.
CONSENT
I have read and understood the provided information and have had the opportunity to ask
questions. I know that my participation is voluntary and that I can withdraw at any time without
reason. I understand that I will be given a copy of this consent form. I voluntarily agree to take
part in this working group process.
Participant's signature _________________________________________ Date ______________
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Investigator’s Signature _______________________________________ Date ______________
Abstract (if available)
Abstract
In America, Black men face many challenges. One of those challenges is how non-custodial fathers (NCBFs) have a five percent chance of becoming custodial parents in child custody cases in family court (Adeshay, 2021). In family court proceedings, as NCBFs step forward to have a more significant role in their children's lives, they will continue to face challenges of bias that stereotypical views create. The proposed NCBF Training is designed to prepare self-representing NCBFs to go into family court more informed, prepared, and confident.
The NCBF Training will provide a safe space for NCBFs not represented by legal counsel to get the guidance, understanding, education, and training to prepare them for a family court proceeding. A recent study showed that 57.6% of Black children live in homes without their biological fathers ("The Extent of Fatherlessness," n.d.). Society has painted Black fathers with a broad brush, stereotyping them as missing in action, unresponsive to their children’s needs, and uninterested in their children's everyday lives (Todd, 2021).
Understanding the challenges of NCBFs will help determine the type of support and preparation they need before appearing in family court. Educating NCBFs from the experiences of others and through written accounts from lawyers, judges, and other advocates, supported by an understanding of applicable state laws related to fathers' rights, is a way forward. NCBFs must be prepared to overcome potential biases when choosing the path that will be best in family court and be emotionally focused on their expectations, whether they are represented or not. When an NCBF decides to self-represent, it is often because they do not trust the court and believe it to be hostile toward the Black father. This project aims to prepare NCBFs to advocate for themselves to become custodial parents of their children. The NCBF Training was piloted with eight NCBFs to train them on what knowledge, skills, and abilities will benefit the family court.
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Asset Metadata
Creator
Pearson, Rupert Grantley
(author)
Core Title
Non-custodial Black fathers family court preparation training
School
Suzanne Dworak-Peck School of Social Work
Degree
Doctor of Social Work
Degree Program
Social Work
Degree Conferral Date
2023-05
Publication Date
04/24/2023
Defense Date
04/10/2023
Publisher
University of Southern California
(original),
University of Southern California. Libraries
(digital)
Tag
advocacy,black fathers,Children,co-parenting,custody,emotional support,family court,fatherhood,gender bias,judicial,legal guidance,low income,non-custodial,NY,OAI-PMH Harvest,Prejudice,self-represent,stereotypes,systemic racism,Training
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theses
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Electronically uploaded by the author
(provenance)
Advisor
Smith-Maddox, Renee (
committee chair
), Hurlburt, Michael (
committee member
), Joseph, Donnie (
committee member
)
Creator Email
rgfpearson@gmail.com,rgpearso@usc.edu
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Tags
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