The majority of divorces where children are involved end up with one parent having custody of the child and the other parent being given visitation rights, but a number of states are looking to change this. While changes are not expected to happen overnight, several states have either begun amending current legislation related to child custody or initiating studies to look into how shared parenting may affect children of divorce.
Proponents of changes believe that it is in a child’s best interest to be given equal access to parents in most divorces, except in cases of abuse or drug or alcohol related issues. Those who disagree say that it should be up to a judge to determine what is in the child’s best interest on a case-by-case basis.
A variety of reasons explain this shift in thinking, including changing gender roles, positive polling and engaged parents who have been denied what they feel is appropriate time with their children. While the majority of parents who end up with full custody are women, men are increasingly assuming the role of caretaker in families, and some men are now actively pursuing custody. Additionally, lawmakers are more willing to consider these changes because polling shows that most Americans think that children do best when raised by both parents.
Custody battles can be complicated enough without changes to laws or the way that judges decide cases. A divorce lawyer may be able to explain to individuals how current laws work and what is involved in determining custody and visitation. Additionally, a lawyer may also be able to help someone arrange for changes in their current custody or visitation arrangement to allow them to spend more time with their children.
Source: USA Today, “Shared parenting could be new divorce outcome“, Jonathan Ellis, January 27, 2014
