In our last post we talked about the evolution of child custody standards in our country. We have come to a place in history where shared custody is becoming more and more prominent as we work to satisfy the best interests of the child standard. But does shared custody really work to satisfy this standard?
In a recent article, a law professor discussed the recent push in another state for a 50/50 presumption when it comes to child custody. In his eyes, the presumption "alters the critical issue from what's best for the child to how we can treat the parent equally." In other words, it becomes a question of what is in the best interests of the parents involved.
The law professor points to what he believes is a better way to handle child custody matters. He says in some cases parents are creating their own parenting plans. Instead of making this a custody issue, some states are requiring that parents work together to make a parenting plan. This may be done from a customizable template or sample plans, or simply done from scratch.
The professor says that a parenting plan can more easily be adjusted as the family dynamic changes and as the child ages. In his eyes, child custody should be more about sharing the responsibility of parenting a child than about dividing a child's time.
While most of our readers understand that every child custody case has its unique characteristics, it is interesting to ponder this law professor's ideas on the subject.
Source: Washington Post, "There's a great way to figure out child custody. Most divorce courts don't use it." J. Herbie DiFonzo, Nov. 14