States Consider Child Custody Reform

A report from the National Parents Organization shows that at least 20 states are considering child custody reform measures. These measures would allow for more opportunities for shared parenting after a divorce. Several states have already enacted similar child custody reform changes. Others are forming committees and task forces to analyze the benefits and weigh the risks of changing the traditional child custody model. Advocates of the reforms claim that new child custody laws would grant more visitation time to the non-custodial parent and ensure fairness in custodial arrangements.

Changing Family Dynamics Spark Calls for Child Custody Reform

Proponents of child custody reform argue that the last fifty years have seen many changes in the traditional family model. More than 70 percent of mothers work outside the home, while more fathers take on the child-rearing duties that were once handled exclusively by women. Groups seeking the passage of child custody reform believe that state laws have yet to keep up with these changes. The calls for reform have spread across the country, with hearings being convened in state houses ranging from Massachusetts to California.

History of Child Custody Reform

According to some researchers, the changes in parental responsibilities over the last few decades show the necessity of child custody reform. For most of the history of American law, judges would favor mothers in child custody cases. Since the 1970s, joint custody has been the norm, even though each state has its own definitions and limits on custody and visitation rights. Constance Ahrons, professor emerita of sociology at the University of Southern California, wrote that joint custody is “a very broad, catch-all term” and that parents often “spend the next six months arguing” over custody arrangements.

Massachusetts Considers Child Custody Reform

In 2012, then-Governor of Massachusetts Deval Patrick assembled a blue-ribbon panel to take up the question of child custody reform. The panel consisted of legislators, mental health professionals, and workers from nonprofit agencies. The panel concluded that shared parenting met the best interests of the children of divorce. The panel’s report recommended new child custody reform measures that would allow the non-custodial parent to take a larger role in the child’s development.

Child Custody Reform Draws Critics

The state’s attempts at child custody reform have also attracted critics. Legal observers have expressed concerns that sweeping child custody reform laws could limit or eliminate the discretion of family court judges. Women’s service charities have noted that the new laws could allow abusive parents to continue their violent behaviors, while stripping away the legal protections for their victims. Maritza Karmely, an associate professor at Suffolk Law School, told reporters that the new laws could place “the rights of parents over the best interest analysis of the children.”

Source: Boston Globe

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