This is yet another bill that seeks to rob judges of discretion. Instead of treating each family on a case by case basis, judges will be forced to mandate equal custody in all cases except when a parent has the money, time, and wherewithal to prove joint custody is not in the child's best interest.
Legislators need to hear from you.
The House version of the bill (HB1729) is sponsored by Rep. Joe Fowlkes.
According to the Nashville Women's Political Caucus, the mandatory joint custody bill is a bad idea because:
[HB1729] Establishes a rebuttable presumption that equally shared parenting time is in the best interest of the child, unless the parties have agreed to a different custody arrangement. This would mean joint physical custody regardless of where each parent lives (i.e. - one in Memphis and the other in Cookeville) and since it would be equal for a calendar year, this would necessitate the child attending two schools or being shuttled back and forth by the parent who lives outside the child’s school district.
Washington State NOW has a position paper which succinctly describes the problems with mandatory joint custody.
Some of the groups opposed to HB1729:
Focus on Family
Planned Parenthood
Tennessee Bar Association
Tennessee Trial Lawyers
Tennessee Judicial Conference
Tennessee Women's Political Caucus
Tennessee Federation of Business & Professional Women
Tennessee Division of the National Organization for Women
Tennessee Coalition Against Domestic & Sexual Violence
Women In Numbers
The bill has gained considerable support in the House. Legislators really need to hear from you. To access your legislators' contact info, go to the TN General Assembly, click on House and then Members.
Also, see: Solomon's Solution
Mandatory Joint Custody Tennessee Family Law Divorce Child Support
