Tuesday, April 30, 2013
Arkansas recognizes share and equal parenting .
Arkansas has
improved its legislation to allow for equal time sharing in child custody
cases. It still leaves a great deal of discretion in the judges hands but is a
clear step in the right direction. Also
note the simplicity of the language as opposed to C-422, our former PMB.
State of
Arkansas As Engrossed: S3/21/13
89th General
Assembly
A Bill
Regular Session, 2013 SENATE BILL 901
By: Senators J. Woods, J. English
By: Representatives Lowery, Alexander, Neal, E. Armstrong,
Baine, Ballinger
For An Act To Be Entitled
AN ACT CONCERNING CHILD CUSTODY PRESUMPTIONS IN
9 DIVORCE CASES; AND FOR OTHER PURPOSES.
Subtitle 13
CONCERNING CHILD CUSTODY PRESUMPTIONS IN DIVORCE CASES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code § 9-13-101(a)(1)(A), concerning awarding child
custody, is amended to read as follows:
(a)(1)(A)(i) In an action for divorce, the award of custody of a
child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best
interest of the child.
(ii) In determining the best interest of the child, the court may consider the preferences of the
child if the child is of a sufficient
age and mental capacity to reason, regardless of chronological age.
(iii) In an action for divorce, an award of joint custody is favored in Arkansas.
SECTION 2. Arkansas Code § 9-13-101(a), concerning awarding child custody,
is amended to add an additional subdivision to read as follows:
(5) As used in this section,
"joint custody" means the approximate and reasonable equal division of
time with the child by both parents individually as agreed to by the parents or
as ordered by the court.
As Engrossed: S3/21/13 SB901 2 03-08-2013 09:25:26
SAG239
SECTION 3. Arkansas Code § 9-13-101(b)(1)(A), concerning joint custody,
is amended to read as follows:
(b)(1)(A)(i) When in the best
interests interest of a child, custody shall be awarded in such a way so as to
assure the frequent and continuing contact of the child with both parents
consistent with subdivision (a)(1)(A) of this section.
(ii) To this effect, the circuit court may consider awarding joint
custody of a child to the parents in making an order for custody.
(iii) If, at any time, the circuit court finds by a preponderance of
the evidence that one (1) parent demonstrates a pattern of willfully creating
conflict in an attempt to disrupt a current or pending 13 joint-custody
arrangement, the circuit court may deem such behavior as a material change of circumstances and may
change a joint custody order to an order of primary custody to the
nondisruptive parent.
(iv) Child support under a joint custody order is issued at the discretion of the court and
shall:
(a) Be consistent with Administrative Order 19 No. 10 - Child Support
Guidelines; or
(b) Deviate from Administrative Order No. 10 - Child Support Guidelines as permitted by the
rule.
/s/J. Woods
APPROVED: 04/11/2013 27
Why do Bar Associations oppose shared/equal parenting?
There are several consistencies in any jurisdiction in the English speaking world when equal parenting is under discussion.
State, Provincial and National Bar Associations will oppose it.
Feminist Lawyers, particularly in Canada, will write briefs to oppose
it. The Domestic Violence Industry will raise all kinds of myths about
how dangerous dads are. (The latter is very interesting because it is
moms most likely to maltreat or kill their children in the US).
Evidence also shows DV is near equal in Canada. Recent studies in the
US show, in some cases related to non-reciprocal violence the female
will instigate it in over 70% of cases, http:// psychnews.psychiatryonline.org/ newsarticle.aspx?articleid=1111 37
According to Statistics Canada's latest social survey in 2009, A
similar proportion of men and women reported experiencing spousal
violence during the five years prior to the survey. Among men, 6.0% or
about 585,000, encountered spousal violence during this period, compared
with 6.4% or 601,000 women.
The Daily summary:
http://www.statcan.gc.ca/ daily-quotidien/110127/ dq110127a-eng.htm
The points raised by SherryNE are also used as excuses. Kids who love
both parents adapt quickly to changes. In some cases where parents truly
put their children first they switch while the children stay put.
Others ensure they live close by so friends and schools remain the same.
Loving parents want what is best for the children. Selfish parents find
any excuse they can to control their ex's. Children are the ultimate
weapon. All jurisdictions should recognize the best interests of
children is to keep both fit parents in their lives. If the old memes of
abuse arise then substantive proof should be produced. Eliminating a
parent is one of the most emotionally unhealthy things that can happen
to children yet dads are marginalized as visitors in Canada in over 90%
of cases giving mom sole physical custody and over 80% in the US.
It is a form of gender apartheid and needs to stop.
http://journalstar.com/news/ opinion/editorial/columnists/ local-view-why-does-nebraska-st ate-bar-oppose-shared-parentin g/ article_14378fbd-72be-54b5-86f3 -f704743bfb1c.html
Local View: Why does Nebraska State Bar oppose shared parenting?
BY LES VESKRNA(3) CommentsMore than three dozen medical studies indicate that shared parenting arrangements after divorce – joint decision making and near-equal parenting time -- provide the best outcomes for children. These studies also show that every-other-weekend parenting time arrangements, which are commonly ordered by Nebraska judges, are harmful to children.
Shared parenting reform bills have been introduced in the Unicameral every year for the past several years. Despite the strong consensus in the mental health literature in favor of shared parenting, the Nebraska State Bar Association has opposed every shared parenting reform bill. You might ask what vital interest of lawyers causes the NSBA to oppose these bills.
Shared parenting laws have been shown to reduce the level of conflict between parents. This is important because conflict between parents creates an enormous amount of stress for the kids, which can lead to emotional and medical problems. However, lawyers like conflict because it gives them things to fight about and increases their fees. Lawyers dislike shared parenting laws because it reduces their fees. Shared parenting -- good for kids, bad for lawyers.
Is this why the NSBA opposes shared parenting proposals time and time again? The NSBA has been asked numerous times to make a proposal -– any proposal -– to help kids caught in custody disputes but they haven’t offered any. Not one.
Shared parenting laws reduce the ability of parents to use kids as leverage in property and child support disputes. One of the more unseemly aspects of family law is the buying and selling of children. This usually takes the form of “You want more time with the kids, then you need to increase my child support.” In extreme cases, one parent may abduct the kids or deny access to them unless the other parent agrees to make a payment. While rarely discussed outside the court house, the buying and selling of children is a routine part of Nebraska divorces. Shared parenting laws treat kids as human beings instead of chattel that can be bought and sold. By making it harder to buy and sell kids, shared parenting makes it harder for one parent to extort property from the other. Shared parenting -- good for kids, bad for lawyers.
Shared parenting laws reduce the incidence of divorce. According to the National Marriage Project at the University of Virginia, "two-thirds of all divorces are initiated by women. [However,] in states where there is a presumption of shared custody with the husband the percentage of women who initiate divorces is much lower." One study found shared parenting was associated with a lowering of divorce rates in 19 states surveyed. Divorce is extremely harmful to children and reducing divorce rates would improve outcomes for many children. However, it would also reduce the need for divorce lawyers. Shared parenting -- good for kids, bad for lawyers.
Shared parenting provides the best outcomes for kids. Isn’t it time the Nebraska State Bar Association put the kids first?
Dr. Les Veskrna is a Lincoln family physician and executive director of the Children’s Rights Council.
Monday, April 29, 2013
Earl Silverman's Suicide

One of the sad components of Earl's efforts is the stats are on his side.
Family violence in Canada: A statistical profile, 2009.
"Of the nearly 19 million Canadians who had a current or former spouse in 2009, 6.2% or 1.2 million reported they had been victimized physically or sexually by their partner or spouse during the five years prior to the survey. This proportion was stable from 2004 (6.6%), the last time the victimization survey was conducted, and down from 1999 (7.4%).
A similar proportion of men and women reported experiencing spousal violence during the five years prior to the survey. Among men, 6.0% or about 585,000, encountered spousal violence during this period, compared with 6.4% or 601,000 women."
The Daily summary:
http://www.statcan.gc.ca/daily-quotidien/110127/dq110127a-eng.htm
An average of 8 men
kill themselves every day of the year in Canada. If this were the flu it
would be considered a pandemic. Many of these deaths are related
directly to the marginalization of men who are supposedly able to
overcome these obstacles all by themselves. Men are strong but not super
heroes. Many can be broken by a variety of factors including having to
live in your vehicle because most of the income goes to your ex for
spousal and child support.
RIP Earl, we had our own differences but in the passionate realm of human rights there was always respect for the importance of different battles within the movement. I have a passion for equal parenting, allowing children to love and be with both parents, yours was males victimized by both DV and a system who wouldn't believe it is a problem.
RIP Earl, we had our own differences but in the passionate realm of human rights there was always respect for the importance of different battles within the movement. I have a passion for equal parenting, allowing children to love and be with both parents, yours was males victimized by both DV and a system who wouldn't believe it is a problem.
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