Petition
Purpose or Goals
The
petition effort is a strategic decision of DADS of Michigan
PAC and consistent with the strategic plan. The effort
in 2000 yielded close to 15,000 signatures with the effort
of a small group of people in 3 counties, yet had the effect
of motivating the legislature to introduce HB 4664 the "Parental
Parity' bill.
Since
that time, DADS of Michigan PAC has expanded to include
contactors and PAC Delegates in 73 of the 110 House Districts
and 34 of 38 Senate districts covering most of the State
of Michigan.
This
effort in 2004 has 6 objectives:
1. Place a ballot proposal on the November 2 election ballot
2. Increase awareness of this chronic and important issue
3. Motivate the Michigan legislature to introduce similar legislation
4. Create an election year political agenda item to educate and influence election
candidates
5. Assist people experiencing problems in the current family court system
6. Increase membership
The effect of the legislation has been dialogued by members of the Judiciary,
Legislature, State FIA and FOC offices, Michigan Bar Association, media, lawyers,
etc and compared with existing laws in the MCL.
The
major tenants of the bill are to (1) create a rebuttable
presumption of joint custody, and (2) require clear and
convincing evidence of unfitness. The current practice
presumes that one parent will have physical custody and
the other parent will be a visitor. The current standard
of unfitness is a preponderance of evidence, which frequently
requires simply an allegation without any evidence.
A
parent may take their case back to court arguing the points
of this legislation.
The supporters of the bill have been members of the Supreme Court, Michigan
Legislators, certain members of Michigan’s Judiciary, non-custodial parents
(Moms and Dads), grandparents of non-custodial parents, unwed Fathers, wife’s
of non-custodial parents, and even custodial parents (divorcing parents with
joint custody intentions are sometimes denied joint custody).
The
major opponents of the bill are some members of the Michigan
legislature, Judiciary, Michigan Bar Association, most
women’s organizations, custodial parents, domestic
violence organizations.
The
PROS and CONS of the legislation have been documented and
argued for over a decade. Early indications from states
more inclined to enforce joint custody indicate that if
has the following positive affects on divorcing couples:
1.
Chose not to divorce
2. Chose healthier non-contentious joint custody arrangements.
3. Improve grandparent’s visitation of their grandchildren.
4. Improves women’s access to work, career, and education opportunities.
5. Increase child support compliance
6. Allows both parents and family to help with the care and feeding of children.
The current process pits one parent against the other to win custody in a win/lose
proposition. This bill would shift the paradigm to a win/win/win situation
for the parents and family of divorce and the children. |
