Reply to comment

A common argument is that "If the parents cannot decide on what is in the child's best interest, than some "neutral" party must.  Unfortunately, the so-called experts usually make the wrong decision.  A 50/50 presumption, unless the parents decide otherwise, would reduce conflict in a divorce.

The current system increases conflict, and it also promotes domestic violence.  Estimates are that 80% of domestic violence occurs during custody battles.  The prospect of going to court with the current "winner take all" system inflames the situation.  The tension is so high that not even experts can accurately assess what is best.  It is a normal, biological response to feel angry and desparate when one has the prospect of having their child taken away.  The current system puts parents in direct conflict with the risk of losing their children. 

So-called experts charge enormous fees (ordered by the court) to do evaluations.  They make the situation much worse.  There are then ongoing needs for parenting consultants, mediators, etc. none of which really work.  Divorce usually settles down 3-5 years afterwards, and the "experts" take credit for it but studies show that the parents would have quite arguing even with no intervention.

This bill is good because if there is a conviction of domestic violence, there will be no presumption of joint custody.  The parents have a duty to get along.  And if there is a false allegation of domestic violence (which so often happens) then the false accuser would lose custody.  This is only fair.

This bill will put to end careers by divorce lawyers and "experts" who have done nothing but capitalize on the misery of children.  I doubt it will pass and be signed into law--there is too much money behind keeping the status quo.