Categories
Press Releases

Massachusetts Child Custody Law Revision Receives Support At Hearing

NATIONAL PARENTS ORGANIZATION
PRESS RELEASE

August 4, 2015

MASSACHUSETTS CHILD CUSTODY LAW REVISION RECEIVES SUPPORT AT HEARING
FAMILIES BACK LEGISLATION, FAMILY LAW ATTORNEYS OPPOSE

BOSTON – Dozens of Massachusetts parents detailed the negative impact the state’s child custody law has on their families and urged lawmakers to move forward with the Child-Centered Family Law proposal during a July 21 legislative hearing. Around 50 individuals, mostly parents, testified in favor of bills SB.834 and HB.1207 during the Joint Committee on the Judiciary hearing, and a few individuals, mostly members of state bar associations, spoke against the proposal.

During the five-and-a-half-hour hearing, parents, many of them members of Boston-based National Parents Organization, shared that their children are suffering as a result of the state’s child custody status quo of awarding one parent sole custody after divorce while reducing the other parent to a visitor in children’s lives. In addition, parents revealed the contentious and costly legal battles that have accompanied the parental inequality. The parents urged legislators to pass the reform, stressing that the revisions would work in children’s best interests by encouraging shared parenting after divorce and would benefit all family members by reducing conflict and legal costs.

Representatives of the Women’s Bar Association of Massachusetts and the Boston Bar Association spoke against the proposal, stating that the current law works well.

Several members of the Joint Committee on the Judiciary expressed support of the proposal during the hearing, and the committee’s pending vote will decide the proposal’s next step.

About 50 bipartisan Massachusetts legislators serve as sponsors and co-sponsors of the proposal. The proposal was born out of recommendations from the 18 distinguished stakeholders former Gov. Patrick appointed to the Massachusetts Working Group on Child-Centered Family Law. A key provision of the proposal encourages shared parenting after divorce. The Wall Street Journal story “Big Shift Pushed in Custody Disputes” revealed that nearly 20 other states are considering shared parenting legislation, and with South Dakota and Utah implementing shared parenting laws within the past year, Massachusetts could join the list of states leading the national trend by passing the reform.

Dr. Ned Holstein, who was appointed by former Governor Patrick to the Working Group and who is Founder and Board Chair of Boston-based National Parents Organization, testified in favor of the bill.

“I am encouraged by the overwhelming support voiced for the Child-Centered Family Law during the proposal’s first hearing. The proposal rightly overhauls the state’s outdated child custody law in a way that supports a more modern understanding of the best interests of children when parents divorce, and I hope Massachusetts families can soon experience these benefits,” Holstein said.

Proposal highlights include:

·Supports shared parenting by encouraging family courts to award at least one-third of the parenting time to each parent after divorce.

·Honors the best interest of the child. The shared parenting provision would improve on the family court tradition of awarding sole custody to just one parent, which deprives the child of the love and guidance of the other parent. The move is in line with a large amount of recent research on what is best for children. For example, just last month, the Journal of Epidemiology & Community Health published a 150,000-person study that concluded shared parenting after divorce or separation is in the best interest of children by lowering their stress levels.. 

·Honors judicial discretion in child custody cases.

·Upholds laws that protect families from domestic violence. 

·Favors parents who seek to cooperate with the other parent as well as parents who support the child’s relationship with the other parent.

·Extends additional powers to family courts to punish parents who ignore its parenting time orders.

·Replaces harsh language with family terms. For example, “custody” is replaced with “parental responsibility.”

·Represents consensus among a broad group. The Massachusetts Working Group on Child-Centered Family Law included representation from the Massachusetts Bar Association, the Boston Bar Association, Massachusetts LGBTQ Bar Association, Academy of Matrimony Lawyers, The Women’s Bar Association, The Probate and Family Court, The Commonwealth’s Child Advocate, The House and Senate Co-Chairs of the Judiciary Committee, Governor’s Council to Address Sexual Assault and Domestic Violence, leading child development researchers and the National Parents Organization.

·Represents widespread legislative support. The Senate bill, sponsored by Senator Anne Gobi, D-Spencer, has gained 43 co-sponsors, and the House bill, sponsored by Representative Paul Brodeur, D-Melrose, is supported by 9 co-sponsors.

MEDIA SOURCE

Ned Holstein, M.D., M.S.

A regular contributor to local and national media, Dr. Holstein is Founder and Chair of the Board of National Parents Organization. Dr. Holstein was appointed by the Governor of Massachusetts to the Massachusetts Working Group on Child-Centered Family Law, and he was previously appointed by a Massachusetts Chief Justice to a task force charged with reviewing and revising the state’s child support guidelines.

A graduate of Harvard College, Holstein also earned a Master’s degree in psychology from the Massachusetts Institute of Technology. His medical degree is from Mount Sinai School of Medicine, where he later served on the faculty as a teacher and researcher. 

SINGLE PARENTING VERSUS SHARED PARENTING

The U.S. Centers for Disease Control, the U.S. Department of Justice, the U.S. Census Bureau and numerous researchers have reported alarming outcomes for the 35% of children who are raised by single parents. Yet, until now, this factor has been largely ignored in the conversation about child wellbeing.

Children raised by single parents account for:

· 63% of teen suicides;

· 70% of juveniles in state-operated institutions;

· 71% of high school drop-outs;

· 75% of children in chemical abuse centers;

· 85% of those in prison;

· 85% of children who exhibit behavioral disorders; and

· 90% of homeless and runaway children.

Whether the problem is emotional disturbances of children, drug use, alcohol use, teen pregnancy, poor performance in school, trouble with the law or running with gangs, being raised by a single parent is a powerful risk factor. For many of these outcomes, single parenting is a stronger risk factor than race or poverty. Conversely, children on average do much better on all these measures if they have shared parenting. Children ardently desire shared parenting in most cases and are happier with it.

For parents, shared parenting significantly increases child support compliance, diminishes parental conflict and domestic violence and allows both parents to pursue their careers, social lives and other interests without the burden of singlehandedly raising a child.

ABOUT NATIONAL PARENTS ORGANIZATION

National Parents Organization, a charitable and educational 501 (c)(3) organization, seeks better lives for children through family law reform that establishes equal rights and responsibilities for fathers and mothers after divorce or separation. The Boston-based organization is focused on promoting shared parenting and preserving a child’s strong bond with both parents, which is critically important to their emotional, mental, and physical health. In 2014, National Parents Organization released the Shared Parenting Report Card, the first study to rank the states on child custody laws. Visit the National Parents Organization website at www.nationalparentsorganization.org

 

Leave a Reply

Your email address will not be published. Required fields are marked *