The article begins, "Popular proposals to enact statutory presumptions for joint physical custody (JPC) threaten the safety and well-being of battered women and their children. While Idaho appears to be the only state to have a universal statutory presumption for JPC,2 several other states have presumptions that operate under specific circumstances (e.g., where the parties agree to JPC or they fail to reach an agreement regarding JPC).3 Proponents of JPC have developed an appealing theme to promote a presumption, advocating the benefits and fairness of having both parents equally engaged in their children’s lives under a "shared parenting" or "co-parenting arrangement."4 The danger of presumptive JPC is that it assumes that "shared parenting" and "co-parenting" are inherently good for all children, without regard to what is actually happening in the lives of the dissolving family. In this way, presumptive JPC blindly elevates the rights of parents – even really bad parents – over the safety and well-being of children. It also disregards a significant body of research that questions the benefits of JPC and its impact on children. Nevertheless, efforts by JPC proponents to promote legislative presumptions are gaining traction. This document explains the legal implications of JPC presumptions and the negative impact such presumptions have on battered women and their children."
The bottom line is that presumptive joint custody harms battered women and children. For more information on this important topic, please click on the link below:
What on earth does "research" from 5 or 6 yearsago have to do with anything? And WHY are women ALWAYS acting like/portrayed as 'victims'?
ReplyDeleteI think that research from 5 or 6 years ago remains timely, particularly since the factors involved haven't considerably changed since that time. I think that, at least in the CT Judicial Branch, the way in which the Judges and attorneys aid and abet men who abuse their ex wives and children is disgraceful; it continues to be an ongoing story of collusion between perpetrators and family court professionals, and until we are able to put a halt to this holocaust in the lives of women and children who remain victims of this corrupt system, we are going to continue to put the names and faces of these victim women and their children forward and we are going to continue to insist upon justice whether anyone likes it or not.
DeleteDoes that answer your question?
DeleteThe reason joint physical custody is becoming more popular is because courts are biased toward awarding custody to the mother without a legitimate factual justification. Assuming joint custody challenges that bias.
ReplyDeleteObviously, if a factual justification exists to deviate from joint custody, let those arguments be presented (domestic violence, etc.) and factored into the decision.
I would also challenge the research mentioned in this article with contrasting research mentioned here: http://pjmedia.com/lifestyle/2014/06/15/3-studies-about-fatherhood-that-will-shock-you-but-shouldnt/?singlepage=true
The problem is that no one is looking at the facts, including evaluators, GALs, and judges. They're just doing business as usual finding ways to use curn the money. The whole GAL system and the way courts do business needs a FTC investigation and complete overhaul. It's their job to investigate unfair practices that bankrupt and destabilize honest citizens and taxpayers in this state. Everyone is tired of all this and those doing the harm fail to self correct even with all the outcry. The situation is despicable.
ReplyDelete