Should Family Courts Presume that Both Parents are Fit?


Warning: count(): Parameter must be an array or an object that implements Countable in /webroot/s/h/share007/primary/www/wp-content/plugins/yop-poll/models/poll_model.php on line 623

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?

 

Facebooktwittergoogle_plusmailby feather

Testimony in Hartford supports presumed shared parenting – click for shared parenting plans

Over 50 people attended a hearing of Connecticut’s Custody Task Force at the Legislative Office Building in Hartford, Thursday, January 9, 2014.
Almost all spoke in favor of the presumption of shared parenting as a starting point. If shared parenting were presumed by the court, then parents would realize that they are wasting their time and money when they fight for control and time. Of course, shared parenting would be subject to review if there is substantial evidence of abuse or neglect,
The crowd enthusiastically supported many speakers who testified about excessive legal costs associated with custody issues. Several talked about spending hundreds of thousands of dollars on legal costs.
Would you like a model plan for shared parenting? It gives details of shared parenting time and decision making responsibility. Just leave a comment below specifying your interest.

Facebooktwittergoogle_plusmailby feather

Minnesota Legislature Takes Long Step Towards Shared Parenting – but the Governor Vetoes

A path breaking shared parenting bill was recently passed by the Minnesota legislature. Two new requirements: 1) The bill (HF 322) requires a minimum of 35% of the parenting time for each parent; 2) the 35% minimum takes effect immediately, even for temporary custody orders. This immediate effect is important because temporary arrangements often become permanent: judges don’t want to change existing custody time because they think this might be disruptive to the children.

But on Thursday, 5/24/12, Governor Mark Dayton vetoed the bill by failing to sign it.

Would you support a similar law in Connecticut? Send an email to info@sharedparentinginc.org, subject line: 35% minimum custody time. You can vote Yea or Nay, and express your views. The editor will post your comments at www.sharedparentinginc.org. Or, you can leave your a comment on this post.

Facebooktwittergoogle_plusmailby feather