5 Critical Policy Changes to Remove Legal and Economic Barriers Faced by Black Fathers

Our culture currently allows false narratives about absenteeism to define Black fatherhood. In reality, many Black men are deeply committed parents navigating some of the toughest economic and legal barriers in the U.S.

Breaking the Chains: Reclaiming Wealth, Power, and Dignity for Black Men challenges the stereotype, examines systemic barriers, and reframes the conversation — highlighting the real work Black fathers do to stay present and provide. As we reviewed the recent report, compiled by Equity and Transformation (EAT) and Fathers, Families, & Healthy Communities (FFHC), several issues stood out to us as most acute.

Here are five urgent policy “resets” for all of us as we advance the work of fatherhood programs, agencies, elected representatives, and others to make it easier for Black fathers to achieve what they want to achieve for their families and communities.

1. Child support enforcement must sever its ties to the criminal process.

Child support is designed to aid child welfare, but too often, as it’s currently set up, it sanctions and disenfranchises fathers. Men report being jailed or fined for failing to make payments — often due to unemployment, not neglect. This punitive system, which also often includes suspension of driver’s licenses, perpetuates instability for the father and his children. In addition, since court-ordered child support can accrue while fathers are incarcerated, it creates its own cycle of disenfranchisement: insurmountable debt, wage garnishment or limited employment opportunities, and re-incarceration for nonpayment.

At the 2024 National Fatherhood Summit Fathers Incorporated (FI) hosted with the National Responsible Fatherhood Clearinghouse in Atlanta, we heard about some of the changes the Administration for Children and Families (ACF) was advancing, including replacing the term “Child Support Enforcement” with “Child Support Services.” The shift was designed to de-emphasize punitive measures and move toward more comprehensive supports for families, including fathers. It will take full, persistent, and long-term enactment of this approach to mitigate and prevent further damage to families and fathers.

2. Economic reform must focus on creating, not restricting, opportunity.

The “Breaking the Chains” report’s authors write that barriers to Black family wealth are rooted in history, in “decades of systemic neglect, structural racism, and deliberate policies that have kept them on the margins of opportunity, resulting in Chicago’s Black families having a net worth of $0.” A similar story repeats in hundreds of communities across America, where, like Chicago, “It’s about who gets to build wealth, who gets to have stability, and who gets to shape the future.”

The sources of this economic exclusion are not mysteries; many are written into law and accepted practice, like background checks that disqualify job candidates with convictions (no matter how old or irrelevant), over-emphasis on formal credentials (discounting well-earned, informal experience in the trades), and lack of access to business loans and other resources for entrepreneurs. Until we expand (versus restrict) empowerment and opportunity, Black fathers will face disproportionate economic struggle.

3. Anti-father family laws must be removed from the books.

As “Breaking the Chains” states, many systems currently standing as barriers to Black families and Black fathers are rooted in slavery. This includes colonial-era laws that separated Black families.

Part of the work FI does in Georgia is to help fathers contend with one of these laws: legitimation.To have legal rights to their children, unmarried Georgia dads must complete a legitimation process. This is true even if paternity has already been established. Legitimation can be a daunting process, and it represents a significant obstacle to engaged fatherhood in our state.

4. We must provide Black fathers with culturally relevant support.

While authors of the report embrace the potential of fatherhood programs to support fathers and strengthen families, they point to a lack of “culturally responsive and economically empowering frameworks.” They urge a shift from “moral messaging (“be a better dad”) to structural support and say, “Effective programs offer wraparound services, peer mentorship, mental health care, and legal guidance.” FI’s Gentle Warriors Academy (GWA) exemplifies this approach and serves as a model for fatherhood programs nationwide.

5. Research must center Black fathers.

We need accurate data not only to change the “absent father” narrative but to inform fatherhood support services and father-inclusive policies. In Chicago, for example, “Breaking the Chains” says lack of consistent data on the health, income, employment, and legal experiences of Black men and fathers makes it hard to build responsive programs and measure outcomes. A glance at employment stats for Black men in Illinois showed a labor force participation rate of just 53.1% in 2021. The culture has a stereotype about that, too, but a deeper dive into the data reveals contributing factors outside the men’s control, including exclusion due to criminal records, lack of credentialing, or health issues.

FI is purposeful about research centering Black fathers. We believe it’s critical to the work of uplifting fathers, healing families, and transforming communities. Through our Moynihan Institute for Fatherhood Policy and Research (MIFRP), for example, we seek to reframe narratives that define Black fatherhood by absence, pathology, or deficit and offer instead a data-driven, culturally grounded lens, highlighting the barriers Black fathers face and the brilliance, commitment, and resilience they demonstrate daily.

Conclusion

We believe – and it’s supported by “Breaking the Chains” – that Black fathers are fighting to stay involved with their children even while contending with barriers that many never face. Some of the most important support we can provide involves not only helping fathers navigate the hurdles but eliminating them from the path for fathers now and in the future. The reforms and policy directives outlined above move us in that direction.

“Breaking the Chains” puts forth additional recommendations, grounding its solutions in research and the lived experiences of Black men. Its roadmap includes “wealth redistribution, public budget realignment, workforce development, expanded fatherhood programs, education access, entrepreneurship support, and more.” We encourage you to read it in full at the EAT website.

And finally, we’d like to echo the words of Daniel O. Ash, president of Field Foundation, in the foreword of the “Breaking the Chains” report: “I urge you to approach this report as a call to action, requiring your personal engagement and commitment. The authors have provided a precise diagnosis and a prescription for change. It is up to all of us — policymakers, philanthropists, business leaders, and community members — to implement these recommendations with the urgency and scale that Black men and fathers deserve.”