The
Daily Item At least three
local residents were among
roughly 100 at a rally last
week in Harrisburg intended
to get fathers treated more
fairly in custody disputes.
The rally,
sponsored by Fathers’ And
Children’s Equality, was meant
to show support for House
Bill 888 which advocates say
would order that children
of separated parents begin
in joint custody arrangements,
spending half the time with
each parent.
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"Pennsylvania
is one of the states where
in a case of separation, divorce
or out-of-wedlock birth, for
no rhyme or reason, there
is a presumption that the
child is best off with the
mother," said Rep. Robert
Belfanti, D-107 of Mount Carmel.
Fathers are often forced to
petition the court to gain
more time with their children,
the legislator said.
The proposed
legislation would "put
both parents on an equal footing,"
Mr. Belfanti said.
Under the
proposed legislation, the
parents are asked to develop
a parenting plan to be approved
by a judge. If the parents
can’t agree on such a plan,
the "guideline parenting
plan" would be used:
the father would get the kids
the first and third week of
the month; the mother would
get them the second and fourth
week of the month.
If one of
the parents wants to petition
to change the custody from
50-50 joint custody to a different
arrangement, he or she can
still do that, Mr. Belfanti
said.
Northumberland
County hearing officer Michael
Seward said that currently
the court typically uses "shared
custody" arrangements
which give one parent primary
custody. The criticism of
joint custody is that by making
them split time evenly between
two homes, the children don’t
have one place that they can
really consider their home,
he said.
One of those
who went to Harrisburg was
Julie Ranck of Sunbury. She
became involved in lobbying
for child custody reform out
of frustration with the custody
dispute between her son and
daughter-in-law.
"I didn’t
like seeing my grandchildren
in court," Mrs. Ranck
said. "For my grandchildren
and other children, so they
don’t go through this. Kids
shouldn’t have to deal with
the burden of worrying about
their parents bickering."
She said
the law needs to be reformed
to treat both parents more
fairly. "When you go
with joint custody, it won’t
give one party control of
the situation," she said.
"They will start out
on even ground."
There are
some fathers who don’t want
to be greatly involved in
the upbringing of their children
after a divorce but "all
fathers should not be penalized,"
Ms. Ranck said.
Mr. Belfanti
said that the change is needed
because the current situation
is unfair.
"If
we’re going to have gender-based
equal rights, then it should
be across-the-board,"
Mr. Belfanti said, adding
that he often supports legislation
that is aimed to benefit women’s
rights. "Let’s not compare
apples and oranges,"
he said.
The current
proposal is a revised form
of legislation Belfanti initially
introduced seven years ago.
Two Northumberland
County judges — President
Judge Robert B. Sacavage and
Judge William H. Wiest — contacted
by The Daily Item Thursday
disputed the notion that women
have an unfair advantage in
custody disputes.
"That
used to be the case. It used
to be very heavily weighted
in favor of the mother, but
not anymore," Mr. Wiest
said. "When people ask
me what the biggest change
I’ve seen in civil law, that’s
my stock answer."
The tide
has changed over the years
due to court decisions directing
that the primary factor in
custody disputes should be
determining what’s in the
best interest of the child,
the judge said.
Generally,
the children begin in the
custody of the parent who
has physical custody of them
when the parents separate,
Mr. Wiest said.
State Rep.
Russell Fairchild, R-85 of
Winfield, said he signed as
a co-sponsor of the legislation
because he hopes it will provide
a better means of determining
custody arrangements.
It’s not
something that will only benefit
fathers, Mr. Fairchild said.
"That
goes both ways. I can recall
phone calls from women complaining
of the same" sort of
problems the fathers’ rights
advocates complain about,
he said.
Arguments
over custody "get ugly
real quick. Hopefully this
will limit some of that by
saying, here’s an agreement,
so at least we have a starting
point," Mr. Fairchild
said.
But Mr. Belfanti
said that the current starting
point seems to favor women
and said that he began working
to get the law changed after
his family experienced first-hand
how expensive and difficulty
custody disputes can be.
Mr. Belfanti
said his son ended up wracking
up $20,000 in legal bills
to ultimately get a judge
to approve 50-50 shared custody.
"I didn’t
understand how tilted the
law in the Commonwealth was
until it happened to me personally,"
Belfanti said.
The legislator
added that one of his staff
members went through a divorce
and the child involved in
the case was placed with the
mother. That staff member
did eventually get custody
of the child, after his ex-wife
died of a drug overdose, Mr.
Belfanti said.
He said that
the legislation is opposed
by some women’s advocacy groups
that claim that the current
system is sufficient.
But Dan Rummel
of Lewisburg, another of the
local residents who attended
the rally in Harrisburg, said
they hope the law will be
changed to create a system
that’s better for everyone,
most importantly the children
involved.
"All
they want to do is to get
kids out of the courtrooms,
stop playing tug-of-war with
them," said Dan Rummel
of Lewisburg.
He said that
too often judges don’t treat
fathers fairly in determining
custody arrangements. "(Judges)
use too much discretion. Women
do well in court because they
sniffle and then, ‘boom!’"
the court finds in the woman’s
favor, Mr. Rummel said.
The movement
to increase joint custody
is one that has support from
some mothers as well as fathers,
he said. "It works both
ways," Mr. Rummel said.
"There are women who
want the fathers in the picture
to help out more."
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