BOSTON
-- State lawmakers
have proposed legislation
that would give
fathers greater
custodial rights
of their children
in divorce and separation
cases.
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.