Tennessee moves to have shared custody in divorces

Today I came across a newspaper article in USAToday that talked about a Tennessee bill that would evenly split custody in contentious divorce cases. My initial thoughts were this is great! Perhaps one state is listening to parents who are being wrongfully withheld parenting time with their children. I thought perhaps that parental alienation had been broached with these legislators and they were doing something positive in custody cases. As I read the article and took a look at the bill myself, I saw many obstacles and wording that, I thought, left a lot to be misunderstood or open to differing opinions by the judges. The more I read it, the more I could see a severe alienating parent using this bill to their advantage.

This is how HB 2916 reads:

HOUSE BILL 2916
By Bell
AN ACT to amend Tennessee Code Annotated, Title 36,
Chapter 6, Part 1, relative to equal parenting.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 36-6-101, is amended by deleting
subdivision (a)(2)(A)(i) in its entirety and substituting instead the following:
(i) Except as provided in this subdivision (a)(2)(A), the court shall have the widest
discretion to order a custody arrangement that is in the best interest of the child. At any
hearing to determine custody of a minor child, the court shall order that the child get
equal time with each of the child's parents unless the court finds by clear and convincing
evidence that one (1) or both of the parents are unfit to care for the child. This section
shall not be construed to prohibit both fit parents from voluntarily entering into a
parenting plan that does not give the child equal time with each parent. This section
shall not be construed to prohibit the court from giving the child less than equal time with
a parent that does not seek equal time with the child. For the purpose of assisting the
court in making a custody determination when a parent has been proven to be unfit, the
court may direct that an investigation be conducted.
SECTION 2. This act shall take effect July 1, 2010, the public welfare requiring it.

Of course I noticed the words "best interests of the children" mentioned in this bill and most states have a "best interests of the children" doctrine, but fail to follow it.

I think shared custody, in it's theory, is the best possible solution for children, but unfortunately the model is flawed. I believe in only a handful of cases, that shared custody would actually work and could have a positive affect on the children. These cases would be the ones were the two parents part ways, but place the well being of their children above their own and get on with their own lives without involving the children in games. Unfortunately this does not happen often enough. Children become a bargaining chip in divorce, along with material possessions to divide.

In an ideal model, children would be allowed to live in the same home they have been raised in and attend the school they have attended for years. The friendships they have made would not be broken because they have to move or change schools. The parents would live in the same town, so they could attend school functions, help with homework or take the child for a special treat after school, such as the park or the movies. Perhaps one parent works later into the evening and the other parent does not. The child could spend time with both parents on a daily basis, by always having a parent available after school. What could result from that is that parents would make the most of their time with their children and the children may actually get more and better quality time with both parents.

In this bill it states: "the court shall order that the child get
equal time with each of the child's parents unless the court finds by clear and convincing
evidence that one (1) or both of the parents are unfit to care for the child." and "For the purpose of assisting the
court in making a custody determination when a parent has been proven to be unfit, the
court may direct that an investigation be conducted."
In cases of parental alienation, false allegations of abuse are made more often than not. Allegations of drug and alcohol abuse are also made. These are the things that can deem a parent unfit and to lose their parenting rights. The second statement is very backwards though. For the purpose of assisting the court in making a custody determination when a parent has been proven to be unfit, the court may direct an investigation be conducted. Let me ask you....how did the court determine that a parent was unfit without an investigation? If a parent is deemed unfit based on false allegations, then this bill only fails the children that it claims it wants to protect.

I found this quote about false accusations and find that it is so true. When one person makes an accusation, check to be sure he himself is not the guilty one. Sometimes it is those whose case is weak who make the most clamor.

Shared custody would be in the best interests of the children. The children did not divorce their parents, but they are the ones that loses a parent who loves them. Shared custody could work, if the two divorcing parents could be adults and actually place their children first.

What are your thoughts?

Parental Alienation is ABUSE! STOP THE ABUSE!