It’s been about 40 years since the majority of mothers stayed home. Married fathers in the 21st century spend twice as much time caring for their children as they did in 1975. Today’s trend is to give both parents as much time as possible with their children post-divorce. Divorce law is continually evolving, often in accordance with changing social trends. In the past year or so, 20 states have been considering changes to custody laws to give fathers greater rights to their children following a divorce.
A new, 10-year NIH study found the children who spend more time with their fathers grow up to be healthier mentally and physically, with less depression, anxiety, delinquency or substance abuse problems.
In New York and Washington state, judges are now required to grant equal parenting time unless there is proof that such an arrangement is not in the child’s best interest. Utah’s new law increases the amount of weekly time the non-custodial parent spends with the child, and almost doubles the number of overnights from 80 to 145. Colorado, Florida, Maryland, Massachusetts and Missouri are considering requiring judges to presume that it’s best for children to split their time as evenly as possible between their two parents.
According to the Wall Street Journal, the “National Parents Organization Shared Parenting Report Card revealed that, nationwide, the custody laws in the U.S. do a poor job or promoting shared parenting. These developments coincide with the publication of a study in Sweden that shows the benefits of shared parenting. Last month, researchers found that children that spend time living with both separated parents are less stressed than those that live with just one.
Not all legal observers, however, agree with the growing trend, according to the Pew Trusts. Laws that encourage shared parenting may sound “seductive” to state lawmakers, but they often force families into bad situations, said Maritza Karmely, a professor at Suffolk University Law School in Boston. Bar associations, judges and lawyers have come out against some of the proposals. “A presumption is a pretty radical step,” Karmely said. “That assumes that shared parenting works for most families, and I think that is an enormous assumption.”
The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.