Wednesday, February 16, 2005

Child Custody Policies and Divorce Rates in the US

I'm fairly certain I have linked to this before but I'm feeling too lazy to go back and check....

Child Custody Policies and Divorce Rates in the US
Richard Kuhn, John Guidubaldi, D.Ed.

Summary and Conclusions

The evidence reported in this paper indicates that widespread acceptance of joint physical custody will not increase the divorce rate, and may in fact reduce divorce. States whose family law policies - either by statute or through judicial practice - encourage joint custody have shown a much greater decline in their divorce rates than those that favor sole custody.

Both social and economic factors may explain the differences between divorce rates. Sole custody allows one spouse to relocate easily and to hurt the other by taking away the children. Potentially higher child support payments with sole custody may provide an economic motive for divorce as well. With joint physical custody, both social and economic motives for divorce are reduced, so parents considering divorce may simply decide it is easier to remain married. States whose policies result in more joint custody and less sole custody should thus see a reduction in divorce rates. The findings reported in this paper indicate that this is in fact happening.

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Anonymous Anonymous said...

March 3, 2005


SAN DIEGO, CALIFORNIA: When a divorced mother, with a live-in nanny and fiancé, becomes too pregnant to drive, she will lose her right to any visitation with her children. That is what Family Court Judge Patricia Garcia ruled yesterday, in a hotly contested child custody matter in Chula Vista.

Judge Garcia ruled that a young mother, Cynthia Venie, who is again pregnant with her fourth child, is the only person allowed to pick up her two daughters from their father’s home every other week. When it was explained to Judge Garcia that Ms. Venie had difficulty in the past with her pregnancies and that she might not be able to drive herself, the Judge ordered that she would lose her right to spend time with her two daughters from her first marriage.

“I was shocked by this order from the Court,” said Ms. Venie’s attorney, Jon M. Pettis, “It seems to suggest that because she is pregnant, she should have fewer rights as a parent. That is outrageous and discriminatory. The Court knows Ms. Venie has responsible adults in her home to assist her in caring for the children. The Court also has been informed that the father chooses to leave the children at homes where a convicted drug dealer and documented gang member lives and another, where a mother has been accused of failing to protect her own children from many years of sexual abuse.”

This was in the wake of earlier hearings where evidence was presented to the same Judge accusing Ms. Venie’s ex-husband, Noel Alfsen of sending nearly 20 threatening e-mail messages to Ms. Venie’s fiancé. In one of the emails, Mr. Alfsen allegedly threatened to “Laci Petersen” his former wife and her unborn child.” However, despite extensive testimony and evidence from Mr. Alfsen’s on-line provider showing he was using his e-mail at or near the time of all the messages, Judge Garcia refused to accept the e-mails into evidence and denied a request for a restraining order protecting Ms. Venie or her children.

“I’ll keep going to pick up my daughters as long as I can,” cried Ms. Venie. “It’s because I want to see them and raise them, but also, because I am also terrified about what can be happening to them when they are not with me. I just hope this doesn’t hurt the baby inside me.”

Judge Patricia Garcia: San Diego Superior Court, So. Bay, Dept. 8: (619) 691-4545
Mr. James Albert: (619) 440-7070, Attorney for Mr. Alfsen
Mr. Noel Alfsen: (619) 656-9549, Petitioner
Mr. Chip Venie: (619) 235-8300, Attorney / Respondent’s Fiancé

10:22 PM  
Blogger Corlin Divabla said...

When parents decide to get a divorce, the rights and interests of the children are often one of the most highly contested issues. Each parent may have different ideas as to which type of child custody arrangement is fair. Often, one parent is awarded physical custody of the children and the other parent is awarded visitation rights. Visit here to know more about: san diego child custody attorney

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