Family Law

Menstuff® has reprinted a message from Daniel Lee of Childs Best Interest

Equal Custody vs Joint Custody


Family law breakthroughs are being made in Tennessee, and you are encouraged to duplicate what we're doing. We have a first in the nation child custody bill pending. It's not "joint custody" legislation, which is designed to trick parents by keeping one as the primary custodian, with the government remaining in control of the family.

Instead it's called "equal custody", and is parents having joint physical, and alternating legal custody. This is true shared parenting, mom has legal custody for a set period of time, and then this switches to dad for an equal amount. Custody alternations happen yearly, in multi-year blocks, or once prior to the child reaching age 18.

Parenting time is maximum when one is not the legal custodian. And parents only need ask for this, so there are no more custody battles, which removes the state from controlling the parties.

What led to the equal custody bill was the study of constitutional law. Parental rights are fundamental, and there can be no infringements into these rights unless there is a compelling state interest present, and the order is tailored as narrowly as possible. Lacking that, the orders are subject to being overturned on constitutional grounds, which puts most standing orders in jeopardy. See our newspaper article on these issues: tennessean.com/opinion/nashville-eye/archives/03/09/38376215.shtml? Element_ID=38376215

To see the pending Equal bill which you can introduce into your state legislature, click on the license plate at: childsbestinterest.org

Source: Daniel Lee, President, Childs Best Interest,  

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