Bill for Presumption of Joint/Shared Custody
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North Carolina Family Law Legislators
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Petition in favor of Joint/Shared Custody
The best interest of the child; we often hear this phrase in reference to child-custody cases, but what does it really mean? Obviously, the best possible environment for any child is an emotionally healthy home with 2 parents who love each other and their offspring. When that is no longer possible, due to divorce, what then can we do to try to minimize the traumatic effect the loss of that family unit will have on the children?
More often than not in the case of divorce, it is the father who gets pushed to the margins of their childrens lives. Yet, studies done over the past 15-20 years have proven overwhelmingly, that fatherlessness has a profoundly negative effect on most children over the long term. Statistics show that father absence, whether voluntary or forced, contributes to much higher incidence of teenage pregnancy, juvenile delinquency, poor academic performance, lower self-esteem, acting out behaviors, feelings of abandonment, distrust, hostility, difficulty forming lasting relationships, gender identity confusion, and teen suicide. It would seem then, that sole maternal custody, where Dad gets relegated to mere visitor status, is NOT in the best interest of any child. A father is more than a wallet to his child.
But this is not just a fathers rights issue. Lets consider the plight of millions of single mothers across the country. It was Karen DeCrow, former president of the National Organization for Women, who said: "If there is a divorce in the family, I urge a presumption of joint custody of the children. Shared parenting is not only fair to men and children; it is the best option for women. After observing women's rights and responsibilities for more than a quarter of a century of feminist activism, I conclude that shared parenting is great for women, giving time and opportunity for female parents to pursue education, training, jobs, careers, profession and leisure. There is nothing scientific, logical or rational in excluding men or forever holding women and children as if in swaddling clothes in an eternally loving bondage. Most of us have acknowledged that women can do everything that men can do. It is time now for us to acknowledge that men can do everything women can do."
Why shouldnt BOTH parents share EQUALLY in the physical, emotional and financial responsibility for their children after divorce? Mothers and fathers both play vital roles in the development of a happy healthy child. The legal standard SHOULD begin at 50/50 custody, with mediated (if necessary) negotiation between parents as to what schedule best accommodates their and the childrens needs. The only exception should be in cases where a parent is proven to be unfit.
At present, only 11 states and the District of Columbia have a legal presumption in favor of joint custody. The current system creates unnecessary litigation and added conflict between parents as they jockey to position themselves in the most favorable light for the court. By equally respecting the bonds children share with each of their parents, a bill for the presumption of joint custody would encourage co-parenting and cooperation between divorced couples. Statistics show that in states where joint custody is the legal presumption, divorce rates are lower than in states where it is not. This petition will be brought before the legislators of North Carolina in an effort to initiate much needed change in family law. Please sign below if you feel that ALL parents have the right to the EQUAL companionship, care and custody of his or her children, and that Shared custody should be the presumptive standard in our courts. Our children deserve nothing less.
The best interest of the child; we often hear this phrase in reference to child-custody cases, but what does it really mean? Obviously, the best possible environment for any child is an emotionally healthy home with 2 parents who love each other and their offspring. When that is no longer possible, due to divorce, what then can we do to try to minimize the traumatic effect the loss of that family unit will have on the children?
More often than not in the case of divorce, it is the father who gets pushed to the margins of their childrens lives. Yet, studies done over the past 15-20 years have proven overwhelmingly, that fatherlessness has a profoundly negative effect on most children over the long term. Statistics show that father absence, whether voluntary or forced, contributes to much higher incidence of teenage pregnancy, juvenile delinquency, poor academic performance, lower self-esteem, acting out behaviors, feelings of abandonment, distrust, hostility, difficulty forming lasting relationships, gender identity confusion, and teen suicide. It would seem then, that sole maternal custody, where Dad gets relegated to mere visitor status, is NOT in the best interest of any child. A father is more than a wallet to his child.
But this is not just a fathers rights issue. Lets consider the plight of millions of single mothers across the country. It was Karen DeCrow, former president of the National Organization for Women, who said: "If there is a divorce in the family, I urge a presumption of joint custody of the children. Shared parenting is not only fair to men and children; it is the best option for women. After observing women's rights and responsibilities for more than a quarter of a century of feminist activism, I conclude that shared parenting is great for women, giving time and opportunity for female parents to pursue education, training, jobs, careers, profession and leisure. There is nothing scientific, logical or rational in excluding men or forever holding women and children as if in swaddling clothes in an eternally loving bondage. Most of us have acknowledged that women can do everything that men can do. It is time now for us to acknowledge that men can do everything women can do."
Why shouldnt BOTH parents share EQUALLY in the physical, emotional and financial responsibility for their children after divorce? Mothers and fathers both play vital roles in the development of a happy healthy child. The legal standard SHOULD begin at 50/50 custody, with mediated (if necessary) negotiation between parents as to what schedule best accommodates their and the childrens needs. The only exception should be in cases where a parent is proven to be unfit.
At present, only 11 states and the District of Columbia have a legal presumption in favor of joint custody. The current system creates unnecessary litigation and added conflict between parents as they jockey to position themselves in the most favorable light for the court. By equally respecting the bonds children share with each of their parents, a bill for the presumption of joint custody would encourage co-parenting and cooperation between divorced couples. Statistics show that in states where joint custody is the legal presumption, divorce rates are lower than in states where it is not. This petition will be brought before the legislators of North Carolina in an effort to initiate much needed change in family law. Please sign below if you feel that ALL parents have the right to the EQUAL companionship, care and custody of his or her children, and that Shared custody should be the presumptive standard in our courts. Our children deserve nothing less.
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