Several months ago I submitted a blog entitled “Why Equal Child Custody Should Not Be Presumed.” It is accessible on the Huffington Post Divorce Website in permanent archives. In that blog I stated that one size does not fit all and that I believed the statutory policy requiring 50/50 equal custody should not be the law.
I have received some comments where people have been very upset over my position.
In the state of Michigan where I practice there have been proposals in the legislature to have the statutory presumption for joint, equal, physical custody. The law has not been passed as of this date.
The general view of the attorneys who specialize in family law is that one size does not fit all. The view is that custody and parenting time should be decided on a case by case basis without a mandate or rebuttable presumption.
There clearly is a trend in Michigan and elsewhere towards a sharing of custodial arrangements.
There is also a trend to get away from some of the arguments over semantics. In Michigan there is a presumption favoring joint legal custody, which means that in almost every case the parents are to share in any major decision making consistent with the best interests of their children. This covers medical issues, school related issues, religious issues, and extracurricular activities by way of example.
Written by Henry Gornbein. To read the full article, click here.