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Is There Such A Thing As Joint
Custody?
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Much has been mentioned recently regarding Joint
Custody as a means of allowing both parents to have equal time and
influence in a child's life. Many states have gone so far as to make
Joint Custody the norm unless both parties are unable to agree to it.
In many cases, however, Joint Custody is used as a way of paying "lip
service" to the non-custodial parent while keeping the old status quo
alive and well.
When Joint Custody is implemented, both parents (in theory) are
supposed to have an equal say regarding important matters in the
child's life, such as what school he or she attends, decisions on
medical care of the child, religious upbringing, extra-curricular
activities and the like.
The idea of Joint Custody was a response to the growing numbers of
divorced men who had lost the very right to love and parent their
children. To placate these pesky, outspoken fathers, a new kind of
custody arrangement was dreamed up: Joint Custody. In a Joint Custody
situation, the non-custodial parent is told that the other parent no
longer has "Sole" custody of the child, and that they, the
non-custodial parent, have the right to help make decisions regarding
the child's life. And it would be a great idea, if that was the way it
actually worked. However...
Even in a Joint Custody arrangement, most states require one parent or
the other to be designated as the "Custodial" parent (sometimes also
called the "Primary Residential Parent"). This parent's address is the
one used for record-keeping as the child's residential address. More
importantly, for all intents and purposes, this parent is regarded by
the courts as the sole custodial parent. The courts presumption is
(and always has been) that the child's best interests are dictated by
the Primary parent.
In reality though, when one parent is designated as the Primary, the
non-primary parent's desires and wishes automatically take on a lower
value and importance in nearly all matters. If the parents happen to
disagree on a particular issue, the court will almost always side with
the parent designated as the Primary.
Is this true "Joint Custody"? Where exactly does the "Joint" part come
in, if the Primary parent's wishes are (with the force of law behind
them), allowed to override the other parent's? What is really
occurring is that the non-primary parent is told (in effect) "you
have an equal say in your child's life, unless the other parent
disagrees."
Obviously, there can be no "true" Joint Custody if one parent can
force all the decisions to go their way.
One of the underlying problems with Joint Custody as it is implemented
now, is recognition of the fact that when parents divorce, there is
often much anger, suspicion and bitterness involved in the process.
After all, if they were getting along and everything was fine, they
probably wouldn't be divorcing. Can the court realistically expect
divorcing parents to put aside their strongly held personal
differences and work together?
The typical divorce court is pre-arranged so as to be an adversarial
arena, and because of the financial incentives, many attorneys
willingly promote this attitude. (The longer it takes to settle a
case, the more they make.) When one parent is awarded sole custody,
benefits invariably follow. They receive Child Support and tax breaks,
as well as the majority of the time with the child(ren). They may also
receive the respect of their peers, increased cooperation from the
child's schools, doctors, etc. They have clearly "won".
In contrast, the other parent often becomes financially depleted
paying child support and is at the same time instantly reduced to
visitor status in their child's life. They have clearly "lost".
They may become depressed and (understandably) quite bitter. They have
been told by the court that they are, in effect, no longer important
in the lives of their children, except as a source of financial
support, which will be enforced by law if necessary. Is this the sort
of outcome that promotes understanding and cooperation between
divorced parents?
If the parents couldn't get along well enough to keep their marriage
intact, what is the likelihood that they'll be able to cooperate
(under even more difficult circumstances) in raising children,
especially if one parent is given the legal authority to make all the
decisions in the child’s life? If both parents knew that the court
would not favor one parent over the other, cooperation between the
parents would not only be more realistic, but also more likely.
A true Joint Custody arrangement would NOT have one parent listed as
the Primary parent. A true Joint Custody arrangement would NOT give
legal preference to one parent over the other. A true Joint Custody
arrangement would NOT financially cripple one for the benefit of the
other. In a true Joint Custody arrangement, each parent would, in
fact, have an equal say in the child’s life.
True Joint Custody would mandate that both parents were considered as
"primary", that the time the child spends with each parent be equal,
or roughly equal (not always practical, but this should be the
presumption), that Child Support would be figured in a more realistic
manner, and that both parent's ideas, suggestions and desires be given
the same weight in the eyes of the law. A true Joint Custody
arrangement would foster cooperation and collaboration between the
parents where the child's interests are concerned, and not the
adversarial process that is so commonplace today.
Until then, Joint Custody will be the same old stuff with catchy new
name.
The author, L. D. Math, is a custodial father.
Copyright
FRTC 1998. All Rights Reserved.
May be freely copied and used provided the FRTC attribution line is
kept intact and the FRTC link is included.
Page Location: http://www.deltabravo.net/custody/joint2.htm
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RELATED READING:
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"Striving for Peace:
Managing Conflict in Non-Custodial Homes" is the MUST HAVE guide for
every non-custodial home! Enlightening information on the
reasons behind the often difficult behavior of ex-spouses, and
practical information on how to combat the daily strife of
non-custodial parenthood. Free yourself and your family...
Download the eBook Now!
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Family Life magazine said, "In many ways, dealing with an
uncooperative former spouse is like dealing with a difficult child:
You've got to set limits, express your feelings clearly, and pick you
battles with care. The authors' strategies for mediating the many
issues in a separated parent's life are apt and easy to apply."
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Sue Patton Thoele's book, "The Courage
to Be a Stepmom" is well written and speaks to stepmothers as not just
stepmothers but as women and caretakers who need to remember to take
care of themselves as well as their stepfamilies. Her book
demonstrates to stepmothers not only the various stepmothering issues
and coping strategies but also how to take care of their spiritual,
mental, and physical well being throughout the process. Ms
Thoele's book also sites personal experiences from her own twenty-five
years of stepmothering and her book is wholesome, healing, and easy to
read.
William
C. Klatte's "Live-Away Dads" is a reassuring and practical guide for
divorced fathers who want to remain actively involved parents. A
social worker and psychotherapist who has been a custody advisor to
the Illinois Courts, Klatte rightly counsels fathers to come to terms
with their emotions, a crucial first step toward diffusing conflict.
Next, he expertly leads fathers through the stages of setting up
visitation, cooperating with mothers to improve communication, and
working on parenting skills.
Pickhardt
shares his years of experience as a psychologist and offers a very
useful resource for step fathers and bio-fathers for understanding the
multiple changes that affect step families. Issues of multiple
alliances, boundaries, even gender differences about step fathers
relating to step sons and step daughters, and more are all included in
this book which helps normalize the process of step family
development. He is very accurate in his description of the
developmental process of step-family development, estimating a minimum
of 2 years for step families to come together as a working unit
Since
the divorce procedure has become, legally speaking, nearly as
innocuous as apple pie in America, the task has fallen to
psychologists such as Shulman to provide both adults and children with
the tools to get on with their lives. In this book, devoted to the
immense parenting problems of divorce, no space is wasted with
esoteric or gushy narrative; Shulman writes in the style of a how-to
manual. The book nonetheless achieves its stated goal of being "an
unintimidating and practical guide to help with the adjustment
process." From the basics of "Creating a Co-Parenting Plan" to the
specifics of handling the problems of children from infancy on up to
age 18 in dealing with the divorce milieu, Shulman provides practical,
straightforward capsules often broken down into useful steps. Though
this is most suitable for divorced parents as a "ready reference"
guide for thinking quickly on one's feet, public libraries would
certainly do patrons a service by adding it to their collections
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