Results 1 to 6 of 6

Thread: Default Custody

  1. #1
    Heartless Wench Alice Chalmers's Avatar
    Join Date
    Jan 2007
    Location
    Brew City
    Posts
    33,404
    Rep Power
    325197

    Default Custody

    Should states have a default custody agreement that will go in place when parents split up, and there must be mutual agreement or a court decree to do otherwise?

    For example, say the default custody in Iowa is 50/50 joint custody. To do otherwise, either the two parents must agree, or the parent who wants to alter it must pursue it in court and prove that the other parent is incapable of having 50%.

    Would this be a good idea? What should be the default?

  2. #2
    Premier Sponsor Peanut's Avatar
    Join Date
    Jan 2007
    Location
    Standing by the keg
    Posts
    11,164
    Rep Power
    297627
    Every family and every divorce is different. On one hand, a default custody agreement would certainly help to facilitate a difficult process for many. However, a custodial agreement by default won't always serve the childr(en) well, and can often be detrimental to the health and well-being of the members of a fractured family.

  3. #3
    Moderator Shaena's Avatar
    Join Date
    Jan 2007
    Location
    Grand Bois Du Nord
    Posts
    28,109
    Rep Power
    246900
    Are we talking legal and physical custody? They are different things really. Sometimes a parent cannot take on the physical custody, especially if they are the primary financial provider, or have a job where it makes more sense to keep the kids primarily in the home with the more present parent. In most situations, 50/50 legal custody makes the most sense for major decisions. In all court cases, neither parent should have a presumption of custodylegal or physical, ultimate goal being finding what works for a family that needed the courts help to find a solution in the first place.

  4. #4
    Moderator purplekitty's Avatar
    Join Date
    Jan 2007
    Location
    Upstate New York
    Posts
    85,698
    Rep Power
    652088
    Agree with Shaena. The default should definitely be to start at 50/50, and then be modified from there based on specific circumstances, if necessary.

  5. #5
    Full Sponsor maurinsky's Avatar
    Join Date
    Feb 2007
    Location
    New England
    Posts
    27,687
    Rep Power
    378033
    I think 50/50 is a good starting point.

    My ex- and I had joint custody, but he left before the divorce was final and never came back.

  6. #6
    Non-praying member Mamapalooza's Avatar
    Join Date
    Dec 2007
    Location
    The British Columbia
    Posts
    20,905
    Rep Power
    249490
    We've had that here for awhile now with joint custody being the default. Either party must prove the other is unfit in order to waiver from that standard. I think it's a great idea, along with other changes made to make family court less adversarial and more accountable. They've removed the terms custodial and non-custodial parents, and those with custody are now penalized for withholding visitation from the other parent (finally). Custody and visitation are no longer the legal terms, I don't recall what they are now but it's the same idea.
    "Wherever in the world much poverty is found, much religion is found also"

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •