Issue Position: Equal Custody

Issue Position

Children that lose an involved father are placed at risk for a host of bad outcomes.

71% of high school dropouts
75% adolescent patients in chemical abuse centers
70% juveniles in state run institutions
85% youths in prison
90% homeless and runaway children
85% of children with behavioral disorders
63% of youth committing suicide come from fatherless homes.

In the end the cost to Ohio has been placed as high as $10 Billion per year[viii].

When parents divorce, courts often award shared parenting. Shared parenting does not mean equal custody. Shared parenting gives an illusion of parental equality under the law. However, Ohio's shared parenting law and no-fault divorces result in taking parental rights away from a high percentage of fathers. Ohio needs family law reform that results in equal custody for fit parents. Ohio's approach to custody must be to protect the important relationship that a child has with each fit parent.

Instead of sticking to divorcing the two adults, courts have been effectively dividing parent/child relationships. Family law reform will allow courts to operate on a presumption of equal custody when it comes to fit parents. It is the same as being "presumed innocent until proven guilty." Domestic Relations Courts should aim to keep mothers and fathers involved in children's lives.

Divorce does not change the love, duty, and responsibility of fit parents to guide their children through to adulthood. Our state law affirms the value of this relationship in the Ohio Revised Code §3109.401(A):(1) "…the parent and child relationship is of fundamental importance to the welfare of the child…" and (2) "…parents have the responsibility to make decisions and perform other parenting functions necessary for the care and growth of their children…"

However, part (3) states, "…that the courts, when allocating parenting functions and responsibilities with respect to the child in divorce…or any proceeding addressing the allocation of parental rights and responsibilities, must determine the child's best interests…" (my emphasis). Let's be clear. By definition both fit parents already know what is in their child's best interests. Children are best served by continued involvement of both parents. Fit parents do not require a third party (a judge with broad discretion) to give or take their parental rights. Yet, routine custody judgments hurt children making them suffer the loss an involved father (usually).

I fully support family law reforms and will do all that I can to protect children's access to both of their parents.

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