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However, given the family court policies and divorce trends of today, Peter Pan is no naive boy, but instead a wise man.

“Why should I get married and have kids when I could lose those kids and most of what I’ve worked for at a moment’s notice?” asks Dan, a 31 year-old power plant technician who says he will never marry. “I’ve seen it happen to many of my friends. I know guys who came home one day to an empty house or apartment–wife gone, kids gone. They never saw it coming. Some of them were never able to see their kids regularly again.”

The US marriage rate has dipped 40% over the past four decades, to its lowest point ever. There are many plausible explanations for this trend, but one of the least mentioned is that American men, in the face of a family court system which is hopelessly stacked against them, have subconsciously launched a “marriage strike.”

It is not difficult to see why. Let’s say that Dan defies Peter Pan, marries Kathleen, and has two children. There is a 50% likelihood that this marriage will end in divorce within eight years, and if it does the odds are two to one that it will be Kathleen, not Dan, who initiates the divorce. It may not matter that Dan was a decent husband–studies show that few divorces are initiated over abuse or because the man has already abandoned the family. Nor is adultery cited as a factor by divorcing women appreciably more than by divorcing men.

While the courts may grant Dan and Kathleen joint legal custody, the odds are overwhelming that it is Kathleen, not Dan, who will win physical custody. Over night Dan, accustomed to seeing his kids every day and being an integral part of their lives, will become a “14 percent dad”–a father who is allowed to spend only one out of every 7 days with his own children.