Thursday, March 4, 2010

Michigan Joint Custody Bill Fails Fitness Test

From the State Bar of Michigan

Joint Legal and Physical Custody Initiative: Reader Comment
A reader offers more policy arguments to the State Bar's objections to mandatory joint and physical custody (see Language of Petition to Amend the Child Custody Act to Create Rebuttable Presumption of Joint Physical Custody Approved ). Beverly Tran, a policy analyst, writes on her own blog:

Not only would the child protection standards of "fitness" have to be relied upon, but also the services and authorities to make these determinations. This would result in an unnecessary financial burden upon the state to provide the determination of fitness services as well and the responsibility to provide services to address whatever issues have placed the parent in a position of questionable fitness.
When it is determined by the courts that a parent is "unfit", according to current probate procedures, the state is mandated to monitor and supervise the parent-child relationship and possesses the authority to initiate termination of parental rights.
The judicial ability to make determinations would be transferred to the identified authorities who would make the determinations of fitness, and that usurps the powers of the court.

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