‘On few matters is the public in greater agreement than that joint physical custody should be the usual outcome’

2011-05-25T06:48:34+00:00

Joint physical custody is pretty similar to just having a chilly marriage, like people did in the past before suddenly divorce became a big money maker.

chavelah · 2011-05-25T16:20:12+00:00

The more I think about this issue, the more it seems worth the risk. If all this is true in practice:

• Does NOT limit judicial discretion • Does NOT discard the best interest of the child standard. • Does NOT mandate 50/50 parenting or any other specific parenting schedule • Does NOT impose shared parenting when parents live far apart or there are other practical problems • Does NOT create a one-size-fits-all straightjacket • Does NOT increase parental conflict or re-litigation; H02684 actually will DECREASE these problems • Does NOT impose shared parenting where parental conflict is intractable • Does NOT diminish statutory protections against domestic violence • Does NOT increase transitions from house to house – when the children transfer, they just stay longer • Does NOT discard the best interest of the child standard

... then there's really no downside to the law.

I feel apprehensive about any kind of "presumption" in family law, because the variables between cases are so so huge and the judge often has to makes decisions that are influenced by things he knows yet can't, unless the opposing lawyer does his job well, completely prove - mom is a coke fiend, dad brings home hookers, whatever.

But there are so many bad results from the system we use now, maybe it's necessary to risk some bad results in the opposite direction. Mediation would sure look a lot ore attractive to many people, if shared physical custody was a foregone conclusion among all the non-coke-fiend parents.

Title	‘On few matters is the public in greater agreement than that joint physical custody should be the usual outcome’
Author	DougDante
Upvotes	10
Comments	2
Date	May 25, 2011 1:12 AM UTC (15 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/hjdps/on_few_matters_is_the_public_in_greater_agreement/
Archive Link	https://theredarchive.com/r/MensRights/on-few-matters-is-the-public-in-greater-agreement.1039488 https://theredarchive.com/post/1039488

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