The
Children and Family Law Committee
heard testimony yesterday
on a measure that would automatically
award joint custody to parents
except in cases where it was
shown that the children would
not benefit from equal parenting.
Parents and some child advocates
said the bill would offer
parents, particularly fathers,
a better chance at being treated
fairly in custody disputes.
The bill's sponsor, Rep. David
Bickford of New Durham, said
it would also protect parents
from stereotypes that judges
tend to rely on in making
custody decisions, such as
the assumption that primary
custody should go to the parent
who was the primary caregiver
during the marriage. Courts
are granting an increasing
number of joint custody agreements,
Bickford said, but this bill
would ensure that trend continues.
But others at the hearing
said it would be wrong for
courts to assume that equal
custody is best for families.
Nina Gardner, chairwoman of
the Family Law Task Force,
said her committee opposes
the bill because families
have different circumstances
that may or may not fit with
a joint custody agreement.
"This bill sets a standard
that treats all families alike,"
she said.
The bill also perpetuates
the view of children as property
in divorce cases, rather than
individuals, said family law
lawyer John Cameron. That
mindset, he said, is the largest
problem with the state's current
custody law. It mandates that
a judge award custody however
he or she deems is best for
the child - a guideline that
can lead to nasty disputes
between parents.
"We have to take the
idea that a child is a prize
to be contested over out of
the system," he said.
"And equal responsibility
for a child doesn't necessarily
equate to equal time with
a child. It's the quality
time spent with a child we
need to promote, not an automatic
50-50 split."
More than 50 people packed
into the room for yesterday's
hearing, many of them fathers
who shared their experiences
with custody arrangements.
David Amico of Kingston, who
said he sees his son and daughter
six or seven times
a month, said he has felt
stymied by a system that he
felt pitted him against his
ex-wife in court.
"If we could just have
the court system say, 'We
would like for you to share
your parental responsibilities,'
that would be wonderful,"
he said.
On Wednesday, the committee
heard testimony on another
custody bill intended to do
exactly that. That measure,
which has drawn more support
from family advocacy groups,
encourages parents to work
together as a team to share
the rights and responsibilities
of raising the children but
does not specify how custody
should be divided. It would
ask parents to create plans
for where the children should
live and how the parents would
handle their disputes. The
Family Law Task Force supports
that bill.
Both bills would separate
the laws regarding kids and
parents from the state's marriage
and divorce laws, as well
as replace the terms "custody"
and "child support"
with "parental rights
and responsibilities."
Cameron said yesterday that
children who grow up with
joint custody arrangements
have been shown to be better
adjusted than other children
of divorce, but he cautioned
that it would be a mistake
to pass a bill asking courts
to assume that is always the
best way to go. And asking
lawyers and parents to demonstrate
why joint custody should not
be awarded could create
even more bitterness in disputes.
"I think we need to work
our way up to shared custody,"
he said. "Not whittle
away at the presumption of
shared custody."
So many came to speak on yesterday's
bill that committee members
had to cut the hearing short.
Testimony will continue Tuesday.
(Allison Steele can be reached
at 224-5301, ext. 314, or
by e-mail at
asteele@cmonitor.com.)
Concord Monitor Home:
http://www.cmonitor.com/apps/pbcs.dll/frontpage
~~~
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