Equal parenting time proposed as the norm
Entitled the Children's Equal and Shared Parenting Act, HF322 has a goal to equalize the amount of time a child has with both parents, and specifically addresses situations when a child is born outside of marriage.
The bill was earlier laid over by the House Civil Law Committee for more work; and on April 11, a delete-all amendment was approved by the committee and the bill was sent to the House Judiciary Policy and Finance Committee. But some members say that it still needs revisions.
Sponsored by Rep. Peggy Scott (R-Andover), the bill would change current law where a parent is entitled to receive at least 25 percent of parenting time, to a presumption of joint legal and joint physical custody with a minimum of 45.1 percent of parenting time for each parent. The provisions would be extended to parents who are not married, but where parentage has been established. The bill has no Senate companion.
The amended version spells out more clearly the conditions that need to be met by a parent wishing to challenge the presumption with clear and convincing evidence, including: abandonment, physical or sexual abuse, neglect and domestic violence.
The new language also addresses an exception to parenting time when geographic locations of the parents would prevent them from keeping the child in one school during a school year.
But Rep. Melissa Hortman (DFL-Brooklyn Park) raised concerns about this bill's possible effect on child support.
Molly Olson, founder of the Center for Parental Responsibility, said the intent of the bill is to only address parenting time.
However, Michael Dittberner, legislative chair of the Minnesota Chapter of the American Academy of Matrimonial Lawyers, said that until a few years ago, custody and child support were linked. He said the proposed 45-plus percent parenting time could change the new child support formulas. "I think there was an intent to effect child support."
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Equal parenting time proposed as the norm
Representative Scott is doing the right thing for the children of MN with HF #322! She can reflect on what it would be like as a parent to be removed from her children. She also understands how it could feel if she were treated as a "Second Class Citizen" in a child's life as the opposing side holds the child up as their shield for no change to take place in the antiquated MN child custody laws as it currently presumes that there has to be a winner and a loser in divorce and custody battles!
Representative Scott recognizes the natural fact that children want, desire & deserve "Equal Access" to both fit parents. She knows first hand as a mother, children thrive on the balance of having both parents involved in the lives of children as a healthy environment that develops a well rounded, productive & intelligent adult!
As for the naysayer's like Rep. Melissa Hortman, the answer to her question is easy! When fit parents share an equally maximized opportunity to participate in their children's lives - both parents need to step up to the plate to provide for their children during the time the kids are with each parent. When that kind of equality is achieved the system will find that both parents will eagerly participate in the funds needed for the children to survive in the common time away from each parent.
Need I say more Rep. Melissa Hortman other that when children have "Equal Access" to both fit parent - the money issue becomes a moot point! As for the three attorney's who testified today - well we are talking about the "Divorce Industry". They do not want the current "Cash Cow" they currently have dialed in to change! They have no interest in seeing an kind of change that would interrupt the current "Hidden Alimony" system they have worked so hard to achieve. So of course they are going to object any kind of change to their obtaining more "Personal Power & Profit" from the chaos they create in MN families!
The overall high level overview any MN House of Representative or MN Senate member needs to understand on this issue is: "Anyone who sees a father's positive role in a child's life as a threat, certainly has a agenda and children are not on it!"
Les Jobst
Andover, MN
763.300.9766
Long Overdue
It's time to get rid of the winner take all system and replace it with a both fit parents should raise their children. Both parents raise their children relatively equal when they are married. Why should that change in divorce? Truth is and studies overwhelmingly show that they shouldn't. We have prisons full of people that were raised only by their mothers. Not blasting mothers, but kids need both their mother and father.
Thank you Peggy Scott, Steve Drazkowski, Tim Mahoney, Molly Olson and others for your hard work to correct a very, very bad wrong.
shared parenting
What Dittberner and Hortman seem concerned about is that fathers might actually have the money to provide a decent home for their children while the children live with them half the time. Their concern brings to light that child support is many times used as "mother support" for mothers who won't go out and get a job following divorce.
Punnishemnt for being a father.
Fathers love their children just as much as the mother does. It is cruel but much to usual to find a father that has been marginalized by the law. I would like opposition to shared parenting to ask themselves,what is it that makes them so sure of a size fits all winner take all system? When children experience a separation of family doesn't it make the most sense for that child to retain as much of the roots that formed that family? That would be the backbone of our moral American history. To have the freedom to be with our loved ones and grow up with them. The tug-of-war that goes on in the family courtroom today, fostered by the current law is disgusting. H.F.322 is a step in the right direction and will at the very least save future families. Representatives that take up the cause to support shared parenting have only one interest in mind, and that is the best interest of the children. There is an obvious prejudice against fathers and opposition to shared parenting profit from it.
shared parenting
"But Rep. Melissa Hortman (DFL-Brooklyn Park) raised concerns about this bill's possible effect on child support." The above quote pretty much says it all. Rep. Melissa Hortman is basically admitting that she's against the bill because Mom's child support would (God forbid!) go down. It's such a simple concept, and makes total sense that if the kids are with Dad more, then he's going to be picking up more of the expenses related to the kids, so why SHOULDN'T child support paid to Mom go down? If the kids are with her less, then her child related expenses are less. Some may disagree, but there are PLENTY of women who use child support as a form of alimony. I personally know several of them. Maybe not as much when the NCP has a low paying job, but for those NCP's who make good money and are paying thousands of dollars a month in CS, it should be clear to anyone that not all of that money is being used for the benefit of the kids. This bill (and all shared parenting bills), would help to eliminate that from happening. The Cash Cow would be gone. I'm just surprised that Rep. Hortman would actually ADMIT to this. The anti-shared parenting crowd is really grasping at straws if this is the best they can come up with.
Shared Parenting
Shared Parenting should be Mandatory by Law. Children thrive with both parents in their lives no matter what the marital status is. Why people would even question this is beyond words to me. You Don't Take children away from good fit parents. And most parents are. Like anything else in the world we have some bad seeds but overall all parents deserve the same rights. And the poor fathers just continue to get crucified in the court system. This happen to my brother and so many other great responsible, good, caring, professional DADS. I am a woman and I found this all so insidious. The Family Legal System is destroying the lives and fracturing relationships with children and the parent left behind. To the children it is irreparable. To the parent it is devastating!!!
The Family Legal System needs a drastic overall. And you need to start first with the laws and the so called experts that are put in charge to implement them. i.e.,evaluators, lawyers and the judges.
Current system does more harm than good
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.