Skip to main content

Should NH institute a preference for shared custody?

Image
News Date
Body

In the light of changing family demographics, Colorado, Florida, Maryland, Massachusetts and Missouri are currently considering laws that would change how judges determine custody of children in divorce cases.

Until now, the law in most states has dictated that judges make custody decisions based solely on the best interests of the child. These new provisions would require that judges try to split custody time as evenly as possible between both parents. If a judge orders otherwise, he or she would be required to submit a written statement as to why the altered custody arrangement is in the best interests of the child.

A similar law is already in effect in Utah. There is currently no move to follow suit in New Hampshire.

Supporters of such legislation argue that custody arrangements used as a default by most judges see mothers being awarded a far larger share of childrens’ time, which makes less sense now that women are nearly as likely as men to be working and fathers are spending more time with children than in previous generations. They also argue that allowing children more time with fathers can have a positive impact on their development and well-being.

However, opponents counter that the cases where a judge is required to set custody terms are often higher-conflict divorces where parents were unable to settle the issue themselves. They point out that in such cases, shared parenting can actually have a more negative impact on children. Some judges have also argued that the law should allow such situations to be judged openly on a case-by-case basis without a preferred predetermined outcome.

Comments

Login or register to post comments

Thank you to our sponsors and donors