Monday, April 24, 2006

Going Pro Se - Uncontested Divorce in CA

On Uncontested Case for Divorce - Part 1

By: Atty. TONISITO M.C. UMALI

THIS primer can help you get a divorce (also called "dissolution of marriage"). This article assumes that the divorce will be uncontested and that both parties live in the State of California.

Excerpts:

What are the forms I need to start my case?

You need to complete and file 2 forms to start your case (3 forms if you have children). In some cases (or in some counties, there are more forms). The two California Judicial Council and the Administrative Office of the Courts forms (“forms” for brevity) you need are the following: 1) Petition-Marriage (Family Law); and Summons (Family Law).If you have children under the age of 18 with your spouse, complete also Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

If you need more space on your petition to enumerate your property and debts, you may use the Property Declaration (Family Law) form.

After completing these forms, make at least 3 copies of each form. One copy will be served on your spouse while the 2 copies are for your records.

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Tuesday, April 04, 2006

Arizona Divorce, Custody & Support Info

Tuesday, February 07, 2006

Filing a Complaint Against the Friend of the Court (FOC) in Michigan

Larry Holland at Stand Up Today has an excellent post about the FOC in Michigan and how to go about filing a complaint against them.

I'll be adding a link from my Pro Se post as well

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Monday, January 23, 2006

Commission aims to make courts more user friendly - NH

Commission aims to make courts more user friendly

Excerpts:

A commission charged with making the state court system more affordable and easier to use may recommend that the state develop classes, how-to kits, and a Web site that would help people represent themselves in court without a lawyer.

With nearly 70 percent of Granite Staters already representing themselves in divorce or child-custody cases, providing more aid to those who try to avoid hiring a lawyer promises to be one of the largest challenges for the New Hampshire Citizens Commission on the State Courts.

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Tuesday, January 03, 2006

Legal Aid Society extending free help - Hawaii

Legal Aid Society extending free help

Excerpts:

The Legal Aid Society of Hawaii is extending its free legal services starting today, opening its offices daily and providing help on issues beyond family law in its Courthouse Assistance Project.

The office, open from 8 a.m. to noon, is on the second floor of the Circuit Court in a room adjacent to Family Court Management Services. The legal staff will provide help ranging from counsel to advice on issues such as housing referral, landlord-tenant disputes, Social Security, public benefits and consumer and debt issues.


Legal Aid attorneys can also help draft simple motions, answers and prepare exhibit lists.
Attorneys will continue to provide help on Family Court issues, a pilot program created in 2000 for low-income people with divorce, custody, child support and alimony matters.


Legal Aid will also expand its Family Court project, where attorneys talk to both parties, judges and bailiffs to see if they can reach a settlement before their hearing. If they cannot, the attorneys accompany them to hearings as observers. They also help draft any necessary orders and child support worksheets after the hearing.

For more information on this project, contact the Legal Aid intake hot line at 536-4302.

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Friday, December 09, 2005

Vermont Pro Se

Another good site if you are representing yourself in Vermont.

VermontJudiciary.org

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Monday, December 05, 2005

Idaho Pro Se Representation

The Court Assistance Office (CAO) is a one-stop clearinghouse to access legal services and other resources for those involved in family law cases and other civil (non-criminal) court matters. There are currently court assistance offices in twenty-three courthouses around Idaho. Some of the court assistance office resources, such as an attorney roster, court forms and instructions, can be accessed directly from this site. For other services and materials you may need to call or visit the Court Assistance Office nearest you. The links below will tell you where to find and how to contact the nearest court assistance office, what services and materials are available there, and how to view or download the roster of attorneys or the court forms and instructions.

CAO Website

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Wednesday, November 16, 2005

Pro Se divorce in Texas

News 8 Austin

Pro Se divorce in Texas

There is no law requiring a couple to have a lawyer in order to file for a divorce. Someone can file for divorce pro se, which means “for oneself.”

There are a few steps to completing a divorce, and the
State Bar Association offers a Pro Se Divorce Handbook.

To file for divorce in Texas, you need to have lived in Texas for six months, including three months in the county in which you file. You must first file an original petition for divorce and pay court costs, which are usually around $200.

You then have to notify your spouse that you have filed for divorce. Your spouse then can file an answer to the divorce suit. Finally, you must request the court to schedule a final divorce hearing. This cannot take place until the divorce petition has been pending for 60 days -- Texas' version of a cooling-off period.

When children and property are involved, a divorce gets more complicated. If there are children, the court will want to ensure that the issues of child support, custody, and visitation are addressed.


There are situations when it is almost always best to hire a lawyer to handle your divorce. For example, if one spouse gets an attorney, the other spouse should try to get a lawyer, assuming one can be afforded.

Also, if children are involved in the divorce it is usually best to hire a lawyer. The same is true when the couple getting divorced owns substantial property or substantial assets.

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Wednesday, November 09, 2005

People's Law School To Convene In Albany - NY

North County Gazette

Excerpts:

ALBANY--The People's Law School, a new initiative presented by the New York State Bar Association, will operate on consecutive Tuesday afternoons from 2 p.m. to 4 p.m. beginning on Nov. 15 and running through Dec. 13 in the Great Hall of the Association's Albany headquarters at One Elk Street.

Each People's Law School lecture will last approximately two hours and will feature respected legal experts who will use real-life examples and anecdotes to demonstrate how the law really works in easy-to-understand, interesting and informative sessions.

People's Law School attendees will receive an updated version of the bar association's popular handbook, "Understanding the Law - a Practical Guide for New York State Residents." Each presentation also will be recorded and made available on audiotape, videotape, DVD, and online.

The program is free for those who pre-register. A $5 fee will be charged for those who register at the door. No prior legal education or knowledge is required. To register, please contact the New York State Bar Association Department of Continuing Legal Education at 518-463-3200.

TOPIC: Matrimonial Law including grounds for divorce; models for representation; child custody; an overview of financial issues, such as child support, maintenance and equitable distribution DATE: Tuesday, 11/15/05 SPEAKER(S): Florence M. Fass, Esq., Fass & Greenberg, LLP, Garden City; and Charles P. Inclima, Esq., Biernbaum Inclima & Meyer, LLP, Rochester

TOPIC: You and Your Lawyer will address some of the myths and misconceptions about the legal profession; how to find a lawyer; what to expect in terms of financial arrangements with your attorney; the Client's Bill of Rights DATE: Tuesday, 12/6/05 SPEAKER(S):A. Vincent Buzard, Esq., Harris Beach PLLC, Rochester; and Steven C. Krane, Esq., Proskauer Rose LLP, NYC

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FindLaw.com Launches New 'Family Law Center'

The public site FindLaw has dedicated a portion of the site to issues of Family Law.

Link to it here: Family Law Center

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Monday, October 31, 2005

Representing Yourself in Court

It seems I have daily inquiries from fathers (or their various supporters) regarding how to proceed legally. Many of these requests come from people who appear to have very little knowledge of the legal system and are lacking the funds necessary to employ legal counsel.

To be clear before I proceed with this post - throughout our entire ordeal we always had an attorney. We tried to be proactive and informed on the course of the law, precedents, expectations, etc... But WE ALWAYS RETAINED COUNSEL. Outside of absolute necessity, I would forgo whatever I had to in order to hire an attorney for such proceedings. They are simply too complicated and too slanted for me to have any faith in my own abilities. I say this even though several members of my immediate family are lawyers (though none practice family law) and could have been excellent resources not available to most Pro Se litigants.

UScourts.gov defines Pro Se as Representing oneself. Serving as one's own lawyer. (As an aside, the entire USCourts site can be an excellent source for understanding legal terminology).

That being said, there are fathers who are representing themselves. Angry Dad has been representing himself (another interesting aside - his ex-wife retained counsel even though she herself was an attorney though she has recently dismissed her lawyer and begun representing herself as well) and you can read about his case going back to August 2004. His case is in California so if that is your state of residence you might find his insights particularly helpful.

Again, however, I have to come back to the advice of retaining counsel if at all possible. I previously made this post Retaining Custody - Step One which discusses finding an appropriate attorney as well as contacting legal aid in your area. Legal aid will inevitably come with severe income restrictions so very few people will qualify but it is worth checking into if your finances are that tight. This post is related but not necessarily relevant to self representation: Retaining Custody - Step Two.

In the forum, I recommended to one poster to contact any local law schools and inquire if they offer a legal aid program or the like. My local law school offers a monthly session where one can ask (supervised) law students legal questions. This is not the same as being assisted by legal aid but it could serve as a good sounding board for a Pro Se litigant.

Many courts are becoming more sympathetic to the needs of those who have to represent themselves and are attempting to make themselves "friendlier." Arizona, for example, has recently approved some changes to make family courts easier to maneuver for those representing themselves (most of the changes will go into effect in January). For more information on the specific changes you can visit kvoa.com or view my post on the article on the October 2005 archive page. Notable from the article are the following: "With 70 percent to 80 percent of litigants in family court cases representing themselves, a prime focus in writing the new rules was to make them understandable to non-lawyers, Armstrong said. Another significant change also explicitly allows lawyers to represent people for just part of a case, Armstrong said. "Many lawyers will not do that now because they believe there are ethical constraints."

If you are considering representing yourself another good source may be your local courthouse. I would contact the clerk or a related office and inquire whether there are any resources available to Pro Se litigants.

At various points in this blog I have provided resources for Pro Se litigants. I will attempt here to reproduce those as well as add any I find to be of use. I cannot provide direct advice about representing yourself because I am not an attorney nor have I ever taken this route; but I will try to highlight some places one could go for direction.

If you are considering representing yourself one of the first things you should know is exactly how divorce and custody laws and statutes are written for your particular state. There are several ways to go about this. You can link to the website for your particular state and here you will probably be able to access the most complete information. I am not from Illinois (congrats to the Sox by the way) but to find Illinois custody law I typed Illinois gov into Google and the first site was the state of Illinois site. (State sites should end in .gov or .us). From here I clicked on the government link, then the legislature link (on the right), then on the Illinois Complied Statues link and finally I scrolled down and clicked on Chapter 750 Families (located under rights and remedies) to find a list including the Illinois Marriage and Dissolution of Marriage Act and the Uniform Child-Custody Jurisdiction and Enforcement Act amongst many others. You may have to do a bit of digging but the information should be there. In truth, it took me far longer to write all this up with the links than it took to find the information. I had never been on the Illinois site before but I had a general idea where to go which made the info fairly easy to locate. Also, on the main page there was a search box. I elected not to use this because I did not want to find things piecemeal but you could certainly give it a try and I assume most state sites include a search function.

There are probably easier ways to find variants of this information. I prefer the state sites because the laws can be viewed in their entirety (without someone taking the liberty to paraphrase for you) but admittedly sometimes the state sites can be hard to maneuver. Typing divorce laws by state into Google provided 8,610,000 results. I'll cover the first couple results here. Divorcecentral.com maintains a state list. However, while their information for Indiana took you directly to the correct page on the Indiana State site their information for Illinois was lacking. I would say use at your own risk and try to double check what you are seeing is both accurate and current. The Legal Information Institute (LII) provides an excellent list for state divorce laws.

Along with understanding the divorce statutes, if you have children you will need to understand child custody statutes as well. If you use the method of going through the state site you will easily be able to view both. While the LII does not have a custody list comparable to their divorce list, they certainly offer a lot of relevant information on child custody. The Children's Rights Council hosts a page covering Joint Custody and Shared Parenting Statutes which breaks down the legislation in each state and in many cases provides links to the related state page.

You might also want to look for a support groups or fathers advocacy group in your area. I post them on the blog when I am aware of them and you can always check your local paper. And don't be afraid to use the internet! Sometimes you may have to dig a little or refine your initial search but it can truly be an amazing source of information.

Before I delve into directed Pro Se resources I would like to talk about a couple of just generally good sites for fathers either with or without counsel. Previously I discussed two sites that offer free legal advice on general questions of divorce and custody. Read my original post and link to the sites here.

Another site I previously covered was Childcustody.net. This site is managed by an attorney licensed in Michigan which means while the advice will be credible it will only be directly applicable to Michigan residents. The site is expansive and truly a great resource.

I simply cannot say enough about the Separated Parenting Access & Resource Center (SPARC). Go there with a lot of time on your hands because the site is huge and it is all important, relevant, helpful information. SPARC should be one of your first stops on any divorce/custody question. They maintain a page for legal forms, a guide for evaluations, lists of resources by state and a bunch of other stuff like articles, message boards and chat rooms.

When we were going through our case I was extremely interested in child custody precedents. I would think this would be all the more relevant if representing yourself. LII can be a good resource for this but I always preferred lexisone. Lexisone does require registration but it is free to do so.

I have been cataloging sites that I feel to be helpful since the inception of this blog. I know it can be hard to look around on a blog but I assure you there is a lot of information on the archived pages.

Finally, go to your local library and look for books on divorce, custody, self representation, etc... The only cost you will incur through this might be late fees.

Okay, so on to resources specifically for Pro Se litigants:

American Pro Se Association: There doesn't appear to be much here unless you want to pay the $50 annual fee to be a "premium member." I tried to access a couple things but was restricted - never having been a premium member I couldn't even venture a guess if this is a worthwhile investment. Under the category Library it appears you can access some basic forms. A lot of the site was not yet operative and I couldn't access much formative regarding Family Law & Divorce without a membership.

The Pro Se Law Center has links to search for Pro Se programs as well as lists of court Pro Se services. I didn't find anything for my county but maybe you will have better luck.

PRO SE HANDBOOK - The Manual for the Litigant Filing Without Counsel. Though this was written for Idaho it may very well be a good general read to help one get familiar with court terminology and methods.

Nolawyer.com appears to exist primarily to get you to purchase something. There are a couple useful links and at least one free form that I came across. There is also a search function at the bottom of the page. The site also contains the WIZARDLAW COLLECTION OF PRO-SE LINKS. The first couple I clicked were dead links but a few were active and the list is fairly large so try at your risk.

Searching for Pro Se on Divorceinfo.com provides 155 results - most of which are categorized by state. When I clicked on the Minnesota results the only questions it answered were how hard it was to file for divorce, what paperwork needed to be filed and the cost of filing. This might be helpful to someone just initiating a divorce.

NYCourthelp.gov has a forms library that includes family law, divorce and civil forms.

The New Jersey judiciary maintains the site njcourtsonline.com which has specific resources and supports for Pro Se litigants. This is an excellent site if you are a New Jersey resident except very little of it deals with family law issues. There are two direct family links dealing with enforcement of an order in a family law case as well as a family part case information statement.

The Connecticut judiciary maintains a page for FAQ's on self representation.

NOLO also offers a How to Represent Yourself in Court FAQ. On the same page you can see other NOLO articles related to Pro Se litigants.

Colorado offers What You Need to Know About Representing Yourself in Court.

As do Maine, Utah, Vermont, Delaware, Wisconsin and DC in their respective forms.

What It Means To Represent Yourself In A Legal Matter is an article about self representation in Michigan.

California has SHARP (Self-Help Assistance and Referral Program) centers in Oroville and Chico in Butte County, and there are centers in Orland and Willows in Glenn County. The Tehama County SHARP center is in Red Bluff. SHARP provides self-represented litigants with assistance and instructional workshops in a variety of areas of law and helps them comply with the procedural processes of the court system. The SHARP center in Oroville is located in the old downtown courthouse, 1931 Arlin Rhine Drive. For more information, call 530-532-7015.

These were sites or programs that I had been emailed or had bookmarked. Surely there are more out there and I would be happy to post more. If you are aware of a helpful Pro Se program or resource please either email it to me or post it in the comments section.

UPDATE: I just learned MIsForMalevolent is also a father representing himself Pro Se. His case is based in New Jersey.

UPDATE 11/16/05: Larry Holland is a father going Pro Se in Michigan. His blog can be seen here. Also, link to my post Pro Se Divorce in Texas which includes a link to the Texas State Bar Association's Pro Se Handbook.

Update 12/5/05: Idaho Pro Se Representation

UPDATE 12/9/05: Additional info for going pro se in Vermont

UPDATE 2/7/06: Information about filing a complaint against the Friend of the Court (FOC) in Michigan.

UPDATE 3/8/06: Lawdragon: A site that allows evaluations be submitted of judges and lawyers.

UPDATE 3/27/06: Alabama Divorce, Custody & Support Info, Alaska

UPDATE 4/4/06: Arizona Divorce, Custody & Support Info

UPDATE 4/24/06: Uncontested Case for Divorce in California

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Thursday, October 20, 2005

State courts to use new rules for family law cases - Arizona

State courts to use new rules for family law cases

Excerpts:

Arizona's top judge on Wednesday signed an order to implement a massive new set of statewide rules just for family law cases. Most of the rules take effect in January.

Along with divorce and child support, types of cases and issues covered by the rules include child custody, legal separation, paternity and protective orders.

With 70 percent to 80 percent of litigants in family court cases representing themselves, a prime focus in writing the new rules was to make them understandable to non-lawyers, Armstrong said.

Another significant change also explicitly allows lawyers to represent people for just part of a case, Armstrong said. "Many lawyers will not do that now because they believe there are ethical constraints."

With the change, "they can come in just for child support or just for child custody," Armstrong said. "It should allow more people to afford an attorney for the most critical issues."

In an attempt to resolve cases faster, courts now will be required to hold a "resolution management conference" early on to see if the opposing sides can be encouraged to work out their differences on key issues.

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Wednesday, October 05, 2005

Free family law clinic through end of month - Utah

Salt Lake Tribune - Utah

Utah Legal Services begins sponsoring a free family law clinic this month.

Staffed by University of Utah law students and attorney volunteers, the clinic will assist people who need help in the areas of divorce, protective orders and custody.

The clinics will be held between 6 and 7:30 p.m. on the first and third Tuesdays of each month in room W19 of the Matheson Courthouse, 450 S. State St. in Salt Lake City.

A presentation to address frequently asked questions will be held at the beginning of the meeting, so attendees are asked to arrive on time at 6 p.m.

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Tuesday, August 23, 2005

Law firm is advocate for divorcing dads - Indianapolis

Law firm is advocate for divorcing dads

Excerpts:

Joseph E. Cordell says he became a lawyer so he could represent the underdog. He ended up creating a law firm dedicated to helping men and fathers during divorce.

Based in St. Louis, Cordell & Cordell recently opened a Downtown Indianapolis office at 101 W. Ohio St.

Cordell & Cordell will present "The 10 Most Stupid Mistakes Men Make When Facing Divorce," a free seminar for men going through a divorce, contemplating one or wanting to modify an existing decree. Speakers will be Joseph Cordell, Scott C. Trout and Erik Carter, an attorney based in the Indianapolis office.
• When: Thursday, 6:30 to 9 p.m.
• Where: The Westin, 50 S. Capitol Ave.
• RSVP: (317) 322-0122.

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Monday, June 13, 2005

Legal Help Line - Indianapolis

From Indystar.com

Free monthly legal hotline to be available Tuesday

A monthly service offering free legal advice will be available again Tuesday.

Legal Line, sponsored by the Indianapolis Bar Association, will be offered from 6 p.m. to 8 p.m. By calling (317) 269-2000, anyone can speak with a qualified attorney, who will help answer questions and give advice.

Volunteer attorneys will be there to help answer questions on many topics, including bankruptcy, child custody and support, divorce, employment law and personal injury.

The bar association created the hotline as a community service. It is available the second Tuesday of every month.

Those needing help with more complex legal issues can call the bar association's referral service at (317) 269-2222. That service is offered from 8 a.m. to 4:30 p.m. Monday through Friday.

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Friday, May 20, 2005

Self-help center receives award for its free help - California

Oroville Mercury Register - Local

This should be of particular interest to pro se litigants in California...

Excerpts:

Many citizens cannot afford a lawyer or they choose to represent themselves in a legal action, and they need assistance in preparing legal documents and navigating the court system. The Self-Help Assistance and Referral Program or SHARP provides self-represented litigants with assistance and instructional workshops in a variety of areas of law and helps them comply with the procedural processes of the court system.

The types of issues and cases that the SHARP center does provide assistance and referrals for include family law matters, divorce, legal separations, child custody, guardianships, unlawful detainers (evictions), domestic violence restraining orders, temporary restraining orders, among others.

There are SHARP centers in Oroville and Chico in Butte County, and there are centers in Orland and Willows in Glenn County. The Tehama County SHARP center is in Red Bluff. These centers are linked together with sophisticated teleconferencing equipment, which allows attorney and staff resources to be shared simultaneously at all SHARP locations.

The SHARP center in Oroville is located in the old downtown courthouse, 1931 Arlin Rhine Drive. For more information, call 530-532-7015.

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Wednesday, May 18, 2005

Legal Services For Underprivileged - Virginia

WCAV Legal Services For Underprivileged

The University of Virginia Law School is teaming up with Hunton & Williams to provide free legal services to low-income Charlottesville residents.

The pilot program began in the fall with eight law students and four lawyers housed in The Legal Aid Justice Center, who also refers most of the clients.

"We'll be handling primarily immigration alyssum cases, which is what we piloted this year, and then family law and domestic violence cases," said Kimberly Emery of UVa School of Law.

Family law clients will include domestic matters such as child custody, support, and divorce. The work is primarily volunteer with a long-term goal in mind.

"[The goal is] to expose law students to a structured and well supervised pro-bono experience while in law school with a hope that they will learn to do pro bono and as they practice will continue to do pro bono," said Emery.

The partnership currently works out of 1000 Preston Ave., but will move to the nearby Rock House after renovation.

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Monday, March 21, 2005

Support Groups

I get lots of requests for help or for direction to a local support group. My capacity to help all of those who email me is severely limited and the majority of the time I get requests from men who do not have an attorney.

For that reason I feel compelled to say again that I am not an attorney and CANNOT offer legal advice. All I can offer is practical advice from my own experience and the experiences of others I have become involved with.

Also, people seem to be refraining from using the forum board and continuing to email me. It is extremely difficult for me to even slog through my email these days. I am asking again that you try and post to the forum before you email me. I have addressed all of the questions on the forum (I believe) and will continue to do so, generally much more thoroughly than I will through email.

I realize the expense of an attorney can be astronomical but in every case, if you are facing a potential legal battle, it is absolutely in your best interest to retain an attorney. I have discussed this several times and here are links to posts in this blog: Retaining Custody Step 1 Enter the Custody Evaluator Retaining Custody Step 2.

Here are various links from the blog of support groups I have discussed. I am not endorsing ANY of these groups as I do not have personal experience with them. But if they are local for you, it wouldn't hurt to check them out. If you know of others, or have personal experience (good or bad) with any listed here, please post that information in the forum. Because of the format of a blog, at times it can be very difficult to access old information so the best place to post info that can be easily accessed all the time is in the forum. Any posts that are about support groups or the like I will make sticky so they always appear at the top of the forum.
Parkersburg, OH Support Group

Jersey Support Groups

NH Co Parenting Classes

Ohio Legal Aid

Dads of Michigan

CT Custody and Visitation Seminar

Butler, PA Support Group

Alaska Self Help Legal Stations

Mississippi Legal Aid

Tennessee Legal Aid

San Bernardino Legal Aid

Also Men Against Discrimination (MAD) have chapters in the following states: Arizona, California, Maryland, Minnesota, Missouri, New York, New Mexico, Ohio, Pennsylvania, Washington & West Virginia. They are working on chapters in Oregon, Michigan, North Carolina, Texas and Wisconsin. If you don't see your state they are looking for people to help start new chapters.

Again, no personal experience with MAD, but it would not hurt to check them out.

Another place to look for fathers groups in your specific area would be on Meetup.com. They have a category for Fathers Rights, Non Custodial parents, Dads & Single Parents.

There is support out there, sometimes you just have to look a bit for it. All of the links on the left are also groups involved in fathers, joint custody, etc... and are good places to look for all kinds of information.

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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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Joint Custody: Bonding and Monitoring Theories

Joint Custody: Bonding and Monitoring Theories
Margaret F. Brinig & F.H. Buckley

Excerpts:

This Article discusses two possible benefits of joint custody. Under bonding theories, fathers permit themselves to grow more attached to children when they do not fear a complete break with them on divorce. With the increased emotional ties, divorce becomes less likely. This greatly benefits children, as divorce is one of the greatest tragedies which can befall them.

Under monitoring theories, joint custody addresses an agency-cost problem that arises under sole custody. The noncustodial parent cannot easily see how his financial contributions are spent, and therefore assumes the risk that some moneys will be misspent. With joint custody, by contrast, the parent can monitor for such problems through his increased access and responsibility.(2)

Some feminists argue that joint custody ill-serves children. In the move from maternal custody, it is said, fathers who really did not want to raise their child have been awarded joint custody.(19) The move to joint custody has also been seen as unfair to women. In the stress on the child's well-being, the mother's contributions during marriage are devalued. The father's newfound interest in child rearing is heralded and welcomed, while the more faithful mother's longtime contributions are ignored.(20) More radical feminists see joint custody as a tool to control former wives.(21) The debate is often highly politicized, and joint custody is indeed strongly supported by a fathers' rights movement.(22)

These concerns suggest a useful empirical agenda.(26) However, it is wrong to conclude that screening problems occur only under joint custody. Courts may also err under sole custody, and award exclusive custody to an unfit parent. There is indeed little reason to think that these problems are more severe under joint than sole custody. We might fear a grant of joint custody to unfit fathers if male family-law judges, under the grip of a humanist ideology, systematically favored men. But can anyone seriously think that this describes family-law courts in America? Moreover, given the better monitoring available through shared custody, joint custody's self-correcting tendencies are plausibly stronger than those of sole custody.

We therefore hypothesize that a move to joint custody will decrease divorce rates. Fathers will react to the change in the law by permitting themselves, through a thousand quotidian acts, to grow more attached to their families. And as a consequence, they will find themselves less ready to leave them. (I have to interject here and say it is EXTREMELY unfortunate the authors choose to omit the fact that most divorces are initiated by women. Research has shown that joint custody states do have lower divorce rates - possibly because both parties take the marriage/divorce/custody more seriously. It is asinine to assert than men will be less likely to leave and completely neglect that women will ALSO be less likely to leave which is of paramount importance considering their recent *affinity* for divorce)

Reducing divorce rates would almost certainly be in the best interests of children. Thirty years ago, before the run-up in divorce rates, liberationist philosophers, both male and female, argued that divorce did not harm children. Indeed, they argued, children might be better off after divorce if the parents have been fighting. But very few people, ideologues apart, still believe that increased divorce levels are benign. Children are surprisingly resilient in getting over parental fights.(50) What children do not get over is divorce.

Children of divorced parents lose more than financial resources.(59) Most no longer have two parents who are actively involved in raising them.(60) The children (particularly if young) may blame themselves for the divorce.(61) If the parents continue to squabble over visitation and finances or who caused the marital dissolution, the children necessarily witness a pathological adult relationship. Even if the separation is peaceful, the custodial parent may be so overwhelmed by the heavy demands of full-time employment and single parenthood that there is simply little energy left for the children. Discipline may be neglected, and the children left largely to their own emotional and intellectual resources.(62) The picture becomes decidedly more complicated if either parent begins a new adult relationship: the children may feel (or even be) rejected for the new romance or a new half-sibling.

The costs of divorce for children have been studied in longitudinal comparisons between children of intact families and those of divorced parents. Short-term studies report that children are confused and depressed, sometimes clinically so.(63) They fare worse in school,(64) have problems in their peer relationships, and are more apt to "act out."(65) Over the longer term, researchers report that the children of divorce are more likely to drop out of school.(66) Girls, especially, are more likely to be promiscuous.(67) Boys are more likely to become delinquents or criminals.(68) Both sexes have a higher rate of marital failure when they grow up.(69)

If children spend more time with their fathers under joint custody, this may benefit them in other ways. In general, two parents are better than one.(71) Fathers will see their children as part of their normal life, and may dispense with the joyless search for "quality time" with them on weekends or vacations.(72) The parents will be better able to perform their complementary roles,(73) and to balance each other's power.(74) They may also more easily serve as exemplars whom the children may emulate as they mature.(75)

Joint custody also formalizes a more normal bond between ex-spouses. The rancor of a divorce may be less bitterly felt and remembered when one knows that a common tie will remain and cannot be ignored. The joint deliberation over the child's future might also reduce the level of acrimony, even from the start.(76) This also will ease the pain of divorce for children.


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