Governor convenes task force to study shared-parenting laws

April 10, 2014 (Press-News.org) Governor convenes task force to study shared-parenting laws

Article provided by McWalter, Barron & Boisvert, LLP
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Advocates argue that changing custody laws will benefit children of divorced parents

The support for shared parenting in Massachusetts is gaining steam and many lawmakers are beginning to take notice. In response, Gov. Deval Patrick has formed a task force consisting of psychologists, lawyers, elected officials, and others to study whether changes to state custody laws are possible, reports the Lowell Sun. The task force is expected to produce its report in the coming months.

Shared-parenting laws

Under shared-parenting laws, each parent would be given roughly equal time with the child so long as neither parent has a history of alcoholism or abuse. Advocates of shared parenting say that awarding custody of a child to just one parent infringes on both the rights of the other parent and of the child.

Those advocates contend that, while each child custody case should be approached based on its own circumstances, courts should start awarding equal custody to both parents as a standard arrangement. While shared custody is certainly possible under current law, such a custody arrangement isn't presumed by the courts beforehand. As such, shared-parenting advocates contend that a judge is currently more likely to favor one parent, usually the mother, regardless of what the interests of the child are.

Critics of shared parenting laws, however, argue that judges should have the flexibility to determine what sort of custodial arrangement would be best for a child. They also contend that shared parenting could put the rights of the parent ahead of the child's best interests.

Some critics further contend that since many people in violent relationships do not speak out about abuse, automatically awarding equal custody to both parents could inadvertently put the child at risk.

Many states reevaluating child custody laws

Gov. Patrick's task force represents just the latest step in a nationwide trend towards equal-custody laws. As USA Today reports, many other states are also exploring shared-parenting options.

In Arkansas, for example, the state legislature passed a bill in 2013 granting divorced parents in that state custody of a child for "approximate and reasonable equal division of time." Meanwhile, Connecticut and Maryland have launched their own task forces and commissions to explore changing custody laws.

Similar shared-parenting laws were passed in Florida and Minnesota before being vetoed by the governors in each of those states.

Understanding custody rights

As with most issues surrounding child custody, shared parenting is one that is fraught with emotion by both critics and advocates. Child custody disputes are often the most emotionally difficult issue that many parents must deal with after a divorce. As such, any parent who is seeking child custody needs the services of a qualified family law lawyer who can guide the client through the legal options that are available.