A Bill has been raised to establish a presumption of joint or shared custody of minor children and allow a judge to impose sanctions against a parent who knowingly makes a false statement to the court in a custody or visitation proceeding (aka parenting plan).
Here it is: http://www.cga.ct.gov/2013/TOB/h/pdf/2013HB-06685-R00-HB.pdf
As with most proposed Bills, there is spirited debate.
My thoughts:
I certainly support (at least in theory) the notion of both parents playing an active and meaningful role in child’s life. Whether that role truly means an equal division of parenting time is very fact dependent. It is not always practical or best for the child. When deciding issues pertaining to children we cannot paint with too broad of a brush.
The presumption may even increase the number contested custody cases and trials where the issue centers on whether the presumption in a particular case has been rebutted.
The concept between legal custody (decision-making) and physical/residential custody is lost in this Bill.
I am in favor of sanctions being imposed against any parent who engages in manipulative actions involving their child. Bravo. But litigation would be required to prove such behavior. Again, this Bill will not reduce custody litigation.
Thoughts?