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Tennessee Making Joint Custody The Law?
posted by Nightmist on Thursday January 24, @05:45PM
from the divorce dept.
Divorce A bill in the Tennessee House of Representatives (filed for introduction on Monday) proposes to make joint custody of children the law in Tennessee, rather than creating a primary caregiver and visitation for the other parent. This PDF explains the details of the amendment. At its base, the bill says that joint custody should be the default judgment unless one parent is abusive. If a preponderance of evidence contrary to the abuse claims is not presented (guilty until proven innocent), primary custody will be given to the other parent.

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Lost in committee (Score:0)
by Anonymous User on Thursday January 24, @06:04PM EST (#1)
This bill, like the one in New Jersey will be introduced, referred to committee, and lost in the abyss of politics. The committe members will be courted by the feminists and threatened with losing the next election, and it will never emerge from committee.

UNLESS the good citizens of Tennessee raise enough hell.
Re:Lost in committee (Score:2)
by Nightmist (nightmist@mensactivism.org) on Thursday January 24, @06:11PM EST (#2)
(User #187 Info) http://www.jameshanbackjr.com
I'm already wording my letter of support to my reps.

I encourage any other Tennesseans viewing this site to do the same. It may not be perfect, but it does appear to be a step in the right direction.

Any system (Score:0)
by Anonymous User on Thursday January 24, @10:40PM EST (#3)
Any system the government creates will be abused. Time for government to gey out of the divorce business.
Rearranging The Legal Furniture (Score:1)
by Uberganger on Friday January 25, @04:41AM EST (#4)
(User #308 Info)
At its base, the bill says that joint custody should be the default judgment unless one parent is abusive. If a preponderance of evidence contrary to the abuse claims is not presented (guilty until proven innocent), primary custody will be given to the other parent.

How can anyone think this is just? Nobody should have to stand in a court of law, at great financial and emotional cost, and defend themself against accusations for which no evidence is required. What exactly is 'a preponderance of evidence'? Is that a legally recognised and defined quantity, or just another nebulous idea that's open to endless reinterpretation? And will there be any negative consequences for those who make allegations of abuse when there subsequently surfaces a 'preponderance of evidence' to the contrary? And how is joint custody going to work between people so estranged from each other that one of them would make false accusations of abuse against the other? And if a 'preponderance of evidence' can't be presented does that mean that the accused will be formally charged with child abuse, or will it just be used as an excuse for denying them a proper part in their children's lives? This is just a farce. It'll mean lots more men being falsely accused of child abuse, and lots more lawyers getting rich by encouraging mothers to make such false claims and 'helping' wrongly accused fathers to defend themselves against them.


Absolute agreement. (Score:1)
by nazgul on Friday January 25, @09:23AM EST (#5)
(User #620 Info)
While I would in principle support any "joint custody default" measure, this particular bill merely invites abuse, removing any teeth the joint custody provision might have. If passed, we could see a flood of abuse allegations and might wind up with less, not more paternal involvement in these children's lives.

Are we to rely on the good faith of divorce lawyers to "play nice" with a provision so worded? Remember the old Russian proverb: "Fool me once, shame on you. Fool me twice, shame on me." No, I would categorically reject such a measure. Better to wait for the right deal than to get a raw one now.
Re:Rearranging The Legal Furniture (Score:1)
by father4kids (father4kids@yahoo.com) on Friday January 25, @11:43AM EST (#6)
(User #635 Info)
Although this bill may be flawed, it is nice to see something like this trying to make it's way through. It is further proof that from studies, 'Joint Custody' overall is the best for most situations. What we must not forget here is that the statistics can't be ignored and more and more child psychologists are recommending some form of joint upbringing in the kids lives. Although the feminists out there would like us to believe otherwise, one can't ignore the increasing recommendations made to the courts by the child psychologists in favor of these arrangements. We are making progress here Dads.
The rare positive story (Score:1)
by Claire4Liberty on Friday January 25, @04:09PM EST (#7)
(User #239 Info)
I am posting this wonderful story here so that the maximum number of readers see it.

Today as I was exiting the bookstore on campus, I was very surprised to see an ex-neighbor of mine. First time I'd seen George in 2½ years. Turns out George has spent the last two years working in the business office at my school. In a sea of thousands of students and hundreds of faculty members, I'm not surprised I'd never run into him before now.

Way back when, I'd written a letter of recommendation for George. He was gearing up to get full custody of his son, who was at the time about 10 or 11 years old. He had the boy every other weekend. The mother never messed with the visitation schedule or anything, but she was a whack job. She flat-out refused to work, instead insisting that he pay her alimony in addition to child support. She claimed she was "too sick" to hold down a job.

Sick my ass, unless laziness and a sense of entitlement count as sicknesses. George said he didn't mind the CS, as that was an investment in his son. What he didn't like was subsidizing that lazy bitch, and I didn't blame him. This woman reminded me too much of my own mother.

To George's credit, he never uttered one unkind word about this woman in front of the boy. He always said, "No matter what I think, she is his mother, and me calling her bad is like calling half of him bad."

As the boy grew older, the mother was having a more and more difficult time controlling him. A bright, active boy, he was beginning to lash out. He started becoming very vocal about wanting to live with his dad. So George started making plans to go for full custody. I and several other neighbors happily wrote letters of recommendation for him, and agreed to testify as character witnesses if we needed to.

Great news...HE GOT IT! Full-time physical custody. He now lives with his son in a better neighborhood, the better neighborhood made possible by the job at my college AND the end of child support. (I didn't think to ask him about the alimony.)

It's nice to see a situation where the good guy came out first in the end.

This put a smile on my face today.
Re:The rare positive story (Score:2)
by Nightmist (nightmist@mensactivism.org) on Friday January 25, @04:47PM EST (#8)
(User #187 Info) http://www.jameshanbackjr.com
It's nice to see a situation where the good guy came out first in the end.

Thanks for sharing a great story like that, Claire. Some of us need that inspiration.

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