03 Nov Custody reforms proposed: shared custody preferred in California
In most instances of divorce and separation, it is determined that the child of divorce suffers the most. Frequently, when the child’s parents live separately, the child feels abandoned and loses a sense of belonging. Many organizations have tried to advocate the benefits of shared child custody over primary child custody to ensure that the child’s best interest is served before anything else.
The Wall Street Journal reported that the new proposal on shared child custody was warmly welcomed by the fathers’ rights advocates, who claim that, in most cases of sole custody, it is the biological father who ends up losing custody of the children to the mother. Thus, the new proposal would be a big win for such fathers in the future.
Public opinion as well as research often shows that spending equal time with both parents can contribute to the child’s psychological well-being. However, the new proposal would not affect those cases where the judge finds that shared child custody would not be in the best interest of the child. For example, in cases where there are accusations or proof of domestic violence or child abuse, shared custody will not be granted.
The new proposal on shared child custody has also been criticized a great deal by various agencies and people in the legal profession. Many people feel that mandatory shared custody negates the child’s bests interests as the new proposal is inherently more parent-oriented than child-oriented, which has been considered to be the basis for determining child custody up until now.
Furthermore, constantly shifting from one house to another, especially in cases where the parents are hostile toward one another, can also expose the children to more psychological trauma rather than helping the children. Thus, even if the new proposal is accepted by California courts in the future, the parents will have the legal right to get their attorney to prove the child’s best interest in order to prove a case for shared custody.