© spotmatikphoto – Fotolia.com
You may recall that I previously advocated that in all divorce and paternity cases in Nebraska that there should be a presumption that joint custody is in the child’s best interest. The Nebraska legislative bill addressing joint custody and equal parenting time was killed during the 2013 legislative session.
The Senator called into question whether the Bar Association, who opposed the bill last legislative session, would be unbiased when it decided to appoint an ad hoc committee to study the joint custody-equal parenting time situation.
Specifically, the Senator called out attorney Paul Snyder, who sits on the ad hoc committee and recently stated that such a presumption of joint custody “starts out in la-la land” and would take the state back 30 or 40 years.
Jane Schoenike, the bar association executive director, stated the bar association is fine with parents who agree on joint custody, but is concerned about “high conflict cases”.
What the bar association representatives and Ms. Schoenike fail to understand is that a legal system that doesn’t place both parents on equal footing creates those “high conflict cases” that she and the association are concerned about. If the presumption were that joint custody is in the child’s best interest, then the only conflict cases will be those which one parent doesn’t believe or feel the other parent should have equal parenting time. It will cut down on judicial resources, the animosity between the parents, and provide the child with a stable relationship with both parents.
There is also another thing this presumption cuts into…attorney fees. You heard it here from an attorney! If there are not parents fighting for full custody or joint custody under the current system (which is what most parents who are not going to get full custody want anyways) then family law attorneys in Nebraska lose money.
I advocate for the presumption that joint custody and equal parenting time is best for children. Full custody to one parent with minimal time with the other parent is not in the child’s best interest and should only be given in special circumstances.
Who benefits from a joint custody presumption? The children. Which is something it appears the Nebraska Bar Association is against.