Child custody: Parents' plans often reflect best interests

In a previous post, it was mentioned that Minnesota Governor Mark Dayton vetoed a child custody bill seeking to increase the minimum amount of time allowed for divorced parents to spend with their children. Under existing legislation, the minimum amount of time to be spent with either parent is 25 percent, yet the bill proposed an increase to a minimum of 35 percent.

According to the bill's author and its supporters, the legislation was intended to further the goal of guaranteeing every parent the right to equal parenting time in most every case. Opponents of the bill disagree, however.

According to opponents, the bill failed to take into consideration the best interests of the children. Yet supporters have argued that the Minnesota Court of Appeals has held "that joint physical custody and equal shared parenting is not allowed except in rare circumstances." At the same time, others argue that this is a gross misrepresentation of the facts, indicating that current laws in Minnesota actually provides fair opportunities for either parent to obtain custody.

The bill's detractors expand their concerns by saying that research demonstrates that fathers have been awarded the ability to act as the child's parent 45 percent of the time in approximately 50 percent of the cases, and only one percent of custody cases are actually decided by a judge. Opponents argue that this change would artificially set a standard for custody, which would end up having an adverse effect on the very children they hope to protect.

Despite the policy disagreement over how the courts develop custody arrangements, most professionals agree that, in many cases, the best parenting arrangements are those developed by parents reaching their own agreements together. In an effort to encourage parents to develop their own custody arrangements with some guidance. Interestingly enough, some Minnesota courts have begun to increase the use of mediation and early case management to empower parents to develop their plans. This way, parents can find what works best for their unique situation without having to deal with pre-established, rigid guidelines.

Source: Minneapolis Star Tribune, "Child-custody bill was problematic," Michael D. Dittberner and Susan M. Gallagher, June 12, 2012