In the Absence of Clear and Convincing Evidence

A presumption of equal physical custody. (Studies show this is best for children.)

Rebutted only by clear and convincing evidence. (Not the current standard that is the same used to judge traffic tickets.)

All parents are treated equally. (This encourages parents to work it out themselves.)

Pros:

1. Children do best with two equally involved parents.
2. Equal physical custody creates more stability for children.
3. Divorces would drop substantially. Current estimates are that more than half of divorces would not occur but for the expectation one parent has of winning all the power.
4. Custodial parent couldn't minimize, and then eliminate the other parent.
5. Parental alienation and other forms of abuse are less likely.
6. Divorces would be over quicker, as would finality.
7. With a level playing field, parents would not have incentive to weaponize their children.
8. If parents expected a level playing field, they would come up with their own, rational parenting plans. The courts do not need to be involved.
9. Equal is equal. This is a XIV Amendment issue. This is an American issue.

Cons:

1. Equal physical custody reduces the ability to divorce: False. This does not limit the power to initiate divorce in any way.
2. This is really about child support: False. Child support has nothing to do with this concept. First determine what is best for children independent of child support.
3. This is really a gender issue: False. Increasingly, women are non-custodial parents or are not allowed to see their grandchildren.
4. This would limit the freedom to move: False. A parent may move at anytime for any reason.
5. The courts need to make one parent be in charge of all medical and other decisions: False. Parents can work out their own means to break ties.
6. Children do best raised by both parents.
7. This issue is really about domestic violence: False. That is a separate issue dealt with separately.
8. This issue is really about child abuse: False. That is a separate issue dealt with separately.

Our focus has always been to focus on protecting Parental Rights. Most of the problems we face are because our government has violated Parental Rights in an unwarranted fashion. You can't be for Parental Rights for some parents but against Parental Rights for other parents. As regards custody, our focus has always been on putting parents in a position to decide the best custody arrangement. To do that requires an ability to have equal physical custody. We do not focus on child support.

The equal parenting bills this Session include the following:

Senate Bill 522 (SB522), sponsored by Senator Carona, and House Bill 1229 (HB1229), sponsored by Representative Legler, are companion bills. They both list as the first option as regards custody, equal physical custody. While we all know the benefits of equal physical custody, what else are selling points for the politicians are:

• Judicial discretion remains.
• "Best interest of the child" remains.
• The other custody possibilities remain.
• This is gender-neutral.
• This does not change child support.

HB 1229 is in the Judiciary & Civil Jurisprudence Committee. Please call everyone on that committee as well as your legislator. The legislators are:

• Jim Jackson
• Tryon Lewis
• Dwayne Bohac
• Joaquin Castro
• Sarah Davis
• Will Hartnett
• Jerry Madden
• Richard Pena Raymond
• Connie Scott
• Senfronia Thompson
• Beverly Woolley

SB 522 is in the Senate Jurisprudence Committee. Its members are:

• Chris Harris
• Jose Rodriguez
• John Carona
• Robert Duncan
• Mario Gallegos, Jr.
• Joan Huffman
• Carlos Uresti

Also, we have HB 2554 (attached) which was recently filed by Fred Brown. HB 2554 defines "the best interest of the child" as it related to custody to be what the two parents agree it to be. In the event of an inability for the two parents to agree on custody, HB 2554 assumes that "the best interest of the child" is equal physical custody. This may only be overcome by the demonstration of parental unfitness subject to a standard of clear and convincing evidence. This is the bill we will get some day but not now. Also call up and support this via the Judiciary & Civil Jurisprudence Committee.

These are the things we need to do. Please ask your politicians to sponsor these bills and support them. To see the actual bills in question please click here.