How Will Proposed Changes In Custody Laws Affect Divorcing Women Financially?
According to The Wall Street Journal, some 20 states are considering laws that would substantially change the way child custody is decided in divorce.
As with alimony reform, much of the proposed “shared parenting” legislation targets judicial discretion. Rather than evaluate individual cases based on their circumstances, judges will be strongly encouraged, or even mandated, to enact custody arrangements that are as close to 50-50 as possible. In some states, including Colorado, New York, and Washington, the proposed laws make that the mandatory default. To make a different arrangement, it must be proven that the child would not be best served by spending substantially equal time with each parent.
But here’s the thing: that’s what judicial discretion is for! Experienced, knowledgeable judges are empowered to evaluate the circumstances of each case before them, and direct the litigants to the fairest possible solution to their individual case. The proposed laws remove or severely limit that flexibility.
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Source: How Will Proposed Changes In Custody Laws Affect Divorcing Women Financially?