Kentucky Shared Parenting Law Reduces Conflict in Custody Cases

“What this law does is it mandates that when a case begins — a time-sharing case or custody case — that I start with what’s best for these children is a 50/50 time-sharing schedule with the parents. Then, I take the facts and apply them from there,” explained McCracken County Family Court Judge Deanna Henschel.

Republican state Rep. Jason Petrie of Elkton, one of the sponsors of the bill, said he hopes it will help reduce conflict.

“Parties are not fighting as much on that first hearing, given that there is a presumption that there is shared custody and equal parenting time,” Petrie said.

Conflict is reduced because the law eliminates the winner/loser mentality that is part of custody cases where one parent fights to become the custodial parent, relegating the other to a visitor with his or her children.

Source: https://www.wpsdlocal6.com/2018/05/01/new-kentucky-law-forces-joint-custody-default/ last accessed July 16, 2018

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2013 Task Force Strongly Endorses Shared Parenting- do you agree?

In 2013, a Task Force consisting of over 30 judges, lawyers, family court practitioners and researchers concluded that:

1.     “Promotion of shared parenting constitutes a public health issue that extends beyond a mere legal concern.”

2.     “Parents who collaborate in childrearing have a positive effect on their children’s development and well-being.”

3.     “Parents who engage in protracted and/or severe conflict that includes rejecting or undermining the other parent have a negative impact.”

Do you agree?

Agree that parents who collaborate have a positive effect?
Agree that parents who engage in conflict have a negative effect?
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Should Family Courts Presume that Both Parents are Fit?

Child welfare cases and family court courts share an imperative to seriously investigate allegations of abuse and violence, so that children and other family members are not placed in danger

  • In child welfare, parents are presumed fit, and “only after a parent is found unfit may a court reach the second question of who may care for the child based on the best interests of the child” (Bei-Wen Lee, 2017).
  • However, in the case of custody disputes in family court, the argument is frequently made that shared parenting should not be a general presumption based on the possibility of abuse in some cases.

Source: Prof. Kari Adamsons, U of Connecticut, January 26, 2018

Should family courts presume that both parents are fit, just like child welfare cases?

 

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Symposium on Parenting Research and Family Court Practices

Aside

Legislative Office Building – Room 1C
300 Capitol Avenue
Hartford, CT 06106
Friday, January 26, 2018, 2pm

2:00 – 2:30 Introduction: Speaker: John Clapp
    Need to review and update information outlined in 2014 paper titled
    “Closing the Gap: Research, Policy, Practice, And Shared Parenting”
    by Marsha Kline Pruett and J. Herbie DiFonzo.
2:30 – 3:30 Presentation: Speaker: Prof. Kari Adamsons, Ph.D. -
Associate Professor in the Department of Human Development and
Family Studies at the University of Connecticut. 
    Research relevant to “gap” issues identified in 2014 paper including
    new research presented at the International Conference on Shared
    Parenting held on May 29-30, 2017, Boston, Massachusetts.
3:30 – 4:00 Questions and Discussion with Audience
    Moderator: John Clapp
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Family Court Professionals Endorse Shared Parenting

A three-day Task Force meeting of “family law experts” (i.e., legal experts, mental health practitioners, conflict resolution practitioners, educators, judges, court services administrators, and researchers) reached strong consensus on Shared Parenting.

“Consensus Point 1: Promotion of shared parenting constitutes a public health issue that extends beyond a mere legal concern. Parents who collaborate in childrearing have a positive effect on their children’s development and well-being. Parents who engage in protracted and/or severe conflict that includes rejecting or undermining the other parent have a negative impact. The potential for shared parenting is present for children regardless of the family structure in which they live, and it represents a key protective factor in (a) helping children adjust to separation and divorce and (b) establishing an ongoing healthy family environment in which to rear children and facilitate high-quality parenting. (p. 152)”

Source: “CLOSING THE GAP: RESEARCH, POLICY, PRACTICE, AND SHARED PARENTING” by Marsha Kline Pruett and J. Herbie DiFonzo. (Family Court Review, Vol. 52, No 2, April 2014).

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Rally at CT’s Legislative Office Building, Wednesday, Feb 22

Please join shared parenting supporters in our effort to pass legislation reforming the family courts.

Where: the Lobby of the LOB, Hartford Connecticut

When: 4:30pm, Wednesday February 22, 2017

Who: Rep Minnie Gonzalez and the Black and Puerto Rican Caucus.

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Support HB 6645: Shared Parenting is Good for Kids and Reduces Court Costs

The Connecticut Judiciary Committee is considering a bill establishing the presumption of shared parenting. The bill will encourage parents to stay focused on their children in custody disputes. Children can maintain good relationships with both parents if the courts operate with a strong presumption that equal access, time and decision making authority unless a parent is proven unfit. Court costs are reduced because parents seek mediation when they know that the court favors equal involvement.

Call the leaders of the Judiciary Committee telling them that you want this bill and related bills (HB6626 and HB6638) voted out of the Committee for hearings. This is a basic democratic principle. The public can’t be heard unless they hold hearings. Be sure to talk personally to their legislative aids and call Rep Joe Aresimowicz, Speaker of the House:

CT Judiciary Committee and House Speaker 2017
Speaker Joe Aresimowica D 860-240-8500, ask for Aide
Co-Chair Sen Doyle, Paul R. D 860-240-0475, Aide: David Seifel
Co-Chair  Sen. Kissel, John A. R (800) 842-1421, Aide: Kate McAvoy
Co-Chair Rep. Tong, William D (860) 240-8585, Aide: Adam Sciviano
Vice Chair Sen. Winfield, Gary A. D (860) 240-8585, ask for aide
Vice Chair Sen. McLachlan, Michael A. R (800) 842-1421, Aide: Amanda Zavagnin
Vice Chair Rep. Stafstrom, Steven D (860) 240-8585, ask for aide
Ranking Member Rep. Rebimbas, Rosa C. R (860) 240-8700, ask for aide

IMPORTANT: Send letters to each person, especially Democratic Leadership: Legislative Office Building, Hartford, CT 06106-1591 

For the full text of HB6645: https://www.cga.ct.gov/2017/TOB/h/2017HB-06645-R00-HB.htm

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Florida strongly encourages shared parenting

  • “There is no such term as “custody” in the Florida Statutes nor is there a primary or secondary residential parent designation in the Florida Statutes. In Florida, both parents have “time-sharing” with their children. The court will order a time-sharing schedule that is in the best interests of the children
  • Terms that reflect the type of time-sharing schedule include “majority time-sharing” and “equal time-sharing.”
  • If both parents enjoy equal time-sharing, then child support is still calculated using the Child Support Guidelines Worksheet, which is dependent on the parties income, percentage time-sharing (only overnights are used for purposes of establishing the percentages), health insurance, and costs of daycare and uncovered medical expenses. As the payor’s percentage of time-sharing increases, the less he or she will pay in child support generally.
  • Historically, courts have favored mothers with regard to caring for children particularly with children in their “tender years.” However, Florida courts have abolished the tender years doctrine and the statutes do not favor one parent over the other based on gender.”

Source: Cordell & Cordell Law Firm.  http://cordellcordell.com/resources/florida/florida-child-custody-questions/

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Massachusetts Senate fails to pass shared parenting

A shared parenting bill passed the MA house in July 2016, but failed in the Senate. The key sentence supporting shared parenting:

“The general court finds that every child in the commonwealth has the right to a safe,          healthy and meaningful relationship with both parents, subject to the court’s                        determination of each child’s best interest, and encourages shared parental                        responsibilities.”

Do you agree that state legislatures should actively encourage shared parenting?

Should state legislatures strongly support shared parenting?
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Gwyneth Paltrow on divorce: “the children are our commitment.”

Gwyneth Paltrow says co-parenting with ex Chris Martin has been “hard” but that they have made their two their priority and commitment and have remained friends since their split.

The 42-year-old Oscar winner, who shares daughter Apple, 11, and Moses, 9, with the Coldplay singer, made her comments on Friday at the #BlogHer15 conference in New York, presented by SheKnows Media.

“I think, unfortunately, though we couldn’t stay in a romantic relationship, we’re very, our values are very much around the importance of family and the importance of those relationships and I’m lucky that we’re aligned in that way,” she said. “And it’s been hard, and you know, like, we’ve gone through really difficult times with it but we’ve always said these children are our priority.

“What that really means is, ‘Even though today, you hate me and you never want to see me again, like, we’re going to brunch, ’cause it’s Sunday and that’s what we’ll do!’ You know, like, ‘That’s what’s happening!'” she said. “Like, the children are our commitment.”

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