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Pending WI Legislation would mandate assumption of 50/50 placement for CO

BettyRay's picture

Submitted by BettyRay on Thu, 06/16/2011 - 9:00am

FYI

Thought all of you would find this interesting:

Pro and con of proposed change to child custody law
By Bruce Vielmetti of the Journal Sentinel
June 16, 2011

"A bill pending in the Legislature would significantly change how judges make such decisions by mandating a presumption of equal placement of children with both their mother and their father is in the best interests of the children. That could only be rebutted by clear and convincing evidence.

AB 54 would also make it easier to modify placements."

http://www.jsonline.com/blogs/news/123950784.html#comments

There are links within this article other articles written for and against this bill. I thought it was quite interesting.

~BettyRay

Comments

stormabruin's picture

Submitted by stormabruin on Thu, 06/16/2011 - 9:37am

I agree with it, but even with parents living in different school districts would struggle. I think if it's possible to give both parents equal time it'd offer better opportunities for a child to keep healthy relationships with each parent, which would help avoid a lot of the parental alienation that takes place.

MamaBecky's picture

Submitted by MamaBecky on Thu, 06/16/2011 - 9:40am

This is so common sense it's ridiculous that it hasnt been the norm for some time. Now they just have to apply the same to cases where there was never a marriage. Why does marriage mean equal parenting but not being married mean as a father you have no rights? Ridiculous!

overit2's picture

Submitted by overit2 on Thu, 06/16/2011 - 10:33am

I see good and bad, depending on ages, etc. Honestly the biggest problem not being considered is school districts though-with 50/50 that could make it very very hard for one or the other to transport to school depending on job, etc.

For example-my exh gets up at 5am to go to work-and lives 45 min away from their school...tell me how that would work?

MamaBecky's picture

Submitted by MamaBecky on Thu, 06/16/2011 - 10:39am

I think it would be up to the parent who chooses to live outside of the school district they currently reside's responsibility to figure that out. I'm sure the CO would stipulate.

overit2's picture

Submitted by overit2 on Thu, 06/16/2011 - 10:49am

I dont' agree here...see what if a parent needs to move because of a job offer, wants a different neighborhood, etc. They shouldn't feel forced to stay in the exact same school district because a judge rules 50/50. I agree that 50/50 could be the BASIS...but I could also see crazy bm's using this to get kid to dads even if he/smom would have to drive 1hr to get them to school...what if the mom moves w/the kids-and then expects dad to get them to school?

See-the 50/50 is simplistic IMO. I still think ONE steady home with MORE time w/the other parent is really the best way-JMO though...nothing to do w/csupport. Where a child has the stability of one home, his routine to get to school, etc...you could argue that to allow for more parenting time w/the other parent they could see the NCP EVERY weekend instead of EOW...but wouldn't that start a war LOL. Who here would like THAT? Wink

MamaBecky's picture

Submitted by MamaBecky on Thu, 06/16/2011 - 10:52am

I agree completely!

I have a friend who shares children with a man and they live 500 miles apart....they have joint legal and physical custody but its not actual 50/50 because she has them the entire school year and he has them the entire summer vacation from the day they get out until the evenging before they go back. They alternate Xmas in its entirity and Sping Break also.

When he moved back to the same town she lived in she was ANGRY that he dare ask for actual 50/50. She went on and on about how that would not be in the best interest of the kids because they were use to being with her all school year.

I was disgusted when she was awarded full physical custody and he got the standard every other weekend, alternating holidays, 4 wks in the summer crap.

They downgraded him from joint custody to parenting time because he MOVED closer!?! No sense whatsoever! My friend thinks it was a MARVELOUS decission...and duh of course they should be with there mom more, I'm there mom, duh!". Ugh. She's been my friend since 7th grade...otherwise she WOULD NOT be my friend at all.