Le Knapp: Shared Custody

A recent report in the Washington Post indicates that more than 20 states contemplated implementing shared custody laws in 2017.

Collaborative co-parenting agreements have become popular among divorcing couples over the last two decades, ending what had once been the typical “every other weekend dad” arrangement. State lawmakers are more frequently considering writing these types of co-parenting arrangements into law in the form of shared custody legislation. These bills would make shared custody arrangements a legal presumption, even if the parents disagree.

In Kentucky, for example, lawmakers passed a bill that makes joint physical custody and equal parenting standard in temporary custody orders while the divorce is being negotiated. In Florida, the state legislature approved a new bill to make equal time a presumption for child custody plans, but the bill was vetoed by Governor Rick Scott. In Michigan, lawmakers are mulling legislation that would make shared parenting time the baseline for custody negotiations.

Why Shared Child Custody?

The recent push for joint custody arrangements is partially a result of years of lobbying by advocates for fathers’ rights, who argue men have been overburdened by child support obligations and too often feel “alienated” from their children. The National Parents Organization has been a player in the fathers’ rights movement, but also has a wider focus on children’s rights and overall parental equality.

Critics of these legislative efforts say they relax protections against abusive or controlling spouses, and also take some legal discretion away from judges who are responsible for determining what is in the child’s best interest in each case.

Considerations for Your Pets During and After Divorce

While many of us think of our pets as being almost like our children, the law certainly does not hold them in the same regard. Pets are handled just like other household possessions in the divorce process. However, because of the strong emotional bond between humans and their animals, determining who gets custody of your pets could be a contentious process.

Legal precedent on pet ownership

There have been some high-profile court cases over the years related to what happens to pets during and after divorce. A 1995 case in Florida received considerable publicity when an appeals court overturned a trial court’s decision to allow a woman visitation to her family dog, which was a premarital asset of her ex-husband. The appeals court declared the woman had no rights as a dog “parent,” as the animal is considered personal property

Many national animal rights advocates believe courts should take the best interests of the animal into consideration, just as they would with a child — even though animals do not have the same legal rights as human beings.

Tips for handling pets after divorce

Regardless of the arrangement you come to regarding pet custody, it is important to work to help your pets cope with the divorce. Just like children, some animals can display signs of stress after a divorce, although the symptoms can be more difficult to identify.

The following are some tips:

Always consider what is best for your pet, with factors such as who is in a better place to be able to care for the animal and who is better able to pay for pet-raising expenses.
Consider your children’s relationship with the pet; for this reason, pets often go where the children go.
If you have more than one pet, avoid separating animals that are bonded to each other.
Continue to spend a lot of time playing with your pets.

Free Consultation with Child Custody Lawyer

If you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.