State
Rep. Colleen Garry, D-Dracut,
has filed a bill that would
give temporary shared legal
and physical custody to both
parents, as long as both parents
are considered by a judge
to be fit.
Currently, judges determine
the custody of a child based
on what is in the child's
best interest. But critics
say that judges in child
custody cases tend to favor
the mother when determining
sole custody of the child.
Garry, who is also a family
law attorney, said that
while the current law gives
both parents shared legal
custody, and both parents
are involved in making parental
decisions for the child,
only one parent is given
physical custody.
“Unfortunately, it really
comes to a point that people
are using their children
as a bargaining chip. That's
the most unfortunate part
of all,” Garry said. “There
are difficulties, such as
who is going to have the
children on Christmas Eve.
But those are also problems
in sole custody cases.”
Proponents of the bill
cited the results of a nonbinding
referendum in last November's
election, in which 86 percent
of the voters in 31 legislative
districts in Massachusetts
supported the concept of
shared parenting.
The initiative asked people
if they would instruct their
legislator to vote in favor
of legislation to create
a “strong presumption” in
favor of joint physical
and legal custody.
Stephen Carrier, president
of the Massachusetts Children's
Rights Council, said there
are numerous benefits to
a child of a shared custody
arrangement, including the
fact that it cuts down on
unnecessary litigation.
“Denying custody and limiting
access tells a good parent
that ‘You are no longer
important or necessary to
a child,'” Carrier said.
Opponents of so-called
shared parenting laws argue
that they do little to help
the child, and are focused
on making both parents feel
important.
Some opponents also say
that children are better
off living in one home and
sleeping in one bed, as
opposed to traveling between
the homes of each parent.
Currently, 11 states and
the District of Columbia
have laws that presume legal
custody to be shared by
both parents, while eight
other states allow for shared
custody when both parents
agree to it.
Garry's proposal still
leaves it to the discretion
of a judge to revoke a shared
custody agreement in a situation
where a member of the family
abuses alcohol or drugs,
or has deserted the child,
and whether “have a history
of being able and willing
to cooperate in matters
concerning the child.”
The bill is being considered
by the Legislature's Judiciary
Committee.
