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In the wake of the New York Matrimonial Commission’s
recommendation that the state embrace no fault divorce, the
Assembly's Children & Families Committee will soon consider a
family law bill which will help reduce post-divorce conflict and
greatly improve the lives of New York’s children of divorce.
Three dozen Assemblypersons have signed on as sponsors or
co-sponsors of A330. The bill would protect the loving bonds
children share with both parents by establishing joint custody
as the preferred parenting arrangement after divorce.
While a growing consensus of mental
health and family law professionals endorses joint custody, New
York still opts for sole maternal custody in the overwhelming
majority of cases. However, research establishes that joint
custody is what’s best for kids.
According to a meta-analysis
conducted by psychologist Robert Bauserman and published in the
American Psychological Association‘s Journal of Family
Psychology, children in joint custody settings had fewer
behavior and emotional problems, higher self-esteem, better
family relations, and better school performance than children in
sole custody arrangements.
A Harvard University study of 517
families conducted across a four-and-a-half year period measured
depression, deviance, school effort, and school grades in
children ranging in age from 10 to 18. The researchers found
that the children in joint custody settings fared better in
these areas than those in sole custody.
A study by psychologist Joan Kelly
published in the Family and Conciliation Courts Review
found that children of divorce “express higher levels of
satisfaction with joint physical custody than with sole custody
arrangements,” and cite the “benefit of remaining close to both
parents” as an important factor.
When Arizona State University
psychology professor William Fabricius conducted a study of
college students who had experienced their parents’ divorces
while they were children, he found that over two-thirds believed
that “living equal amounts of time with each parent is the best
arrangement for children."
Research demonstrates that joint
custody also leads to high rates of child support compliance.
This is no surprise--parents who are permitted little role in
their children’s lives have less motivation to make sacrifices
for their children. Also, under the current system noncustodial
parents are often forced to wage expensive court battles in
order to protect their time and relationships with their
children. These parents end up supporting lawyers instead of
kids.
The New York Chapter of the
National Organization for Women, the New York-based National
Coalition for Family Justice, and other misguided women’s
advocates oppose A330 in part because they believe that joint
custody is unworkable when there has been conflict between
divorcing parents. Research indicates that these fears are
unwarranted.
According to a study in the
Journal of Divorce & Remarriage, over time joint custody
serves to help reduce conflict between divorced spouses. When
Texas Woman's University conducted a study of the effects of
post-divorce discord on children aged 8 to 12, they found that
joint custody does not expose children to greater parental
conflict. Bauserman’s research found that divorced couples with
joint custody report less conflict than those in sole-custody
settings.
NY NOW and others are legitimately
concerned about protecting divorcing women who have been victims
of domestic violence. However, A330’s presumption of joint
custody only applies to fit parents—abused women would receive
sole custody.
Opponents of A330 also claim that
joint custody creates confusion and instability for children
because it requires them to spend significant time in two
houses. Research shows that children fare best in the stability
of a married, two parent household. Once that family is
ruptured, however, the best way to restore the children’s sense
of permanence is to preserve and protect their critical bonds
with the two people they love most in the world—their mother and
their father.
Also, according to Kelly’s
research, joint custody usually does not create confusion for
children about their living arrangements.
A330 requires courts to award joint
custody unless there are allegations that it would be
detrimental to the child. Should these allegations be made, the
parent requesting sole custody bears the burden of demonstrating
detriment. And when judges decide against joint custody, they
must state their reasons. A330 is a moderate, common sense way
to reduce the harm and loss children experience from divorce.
This article first
appeared in the Albany Times Union (3/28/06) as a
point/counterpoint with Marcia Pappas, president of the New York
State Chapter of the National Organization for Women. Pappas'
column, in which she called the bill "worst joint custody bill
that the National Organization for Women--New York State has
ever seen," is
Joint custody bill not in child's interest. Ours was
Supporting the child by order of the court.
To learn more about the bill and the
issue, see our campaign to support it
here and
read the news article
Assembly bill amplifies rift over parents' rights: Shared
custody legislation draws praise, heat from followers of divorce
struggle (Albany Times
Union, 3/22/06).
Mike
McCormick is the Executive Director of the American Coalition for Fathers and
Children, the world’s largest shared parenting organization.
Their
website
is
www.acfc.org.
Glenn
Sacks' columns on men's and fathers' issues have appeared in dozens of America's
largest newspapers. Glenn can be reached via his website at
www.GlennSacks.com or
via email at Glenn@GlennSacks.com.
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