The proposed initiative amends current law to establish the concept of “equal custody,” in which the child’s time would be equally split between the parents. The initiative further amends current law to state that equal custody is in the best interest of the child, and should be provided to the greatest degree practicable. Under the measure, in cases where one parent disagrees with equal custody, the burden of proof is on the objecting parent to show that equal custody would not be in the best interest of the child. The initiative also eliminates the provision requiring the court to state its reasons for granting a joint custody request. However, in cases that result in a denial of joint custody, it requires the court to include in the record the specific “findings of fact” it relied upon in making its custody decision. Findings of fact would not be required in cases where joint custody is granted.I am not sure if this initiative is qualified to be on the ballot, but it sounds great. Unfortunately, it lets the judge override custody based on his opinion about the best interest of the child, but it sounds like a big improvement.
Tuesday, November 01, 2005
Requiring equal custody
Someone sent me this link to the California legislative analyst's office: