Sunday, November 07, 2004

Fatherhood wins in Mass. election

Fathers rights groups advocate a presumption of joint child custody, instead of just giving custody to the mother. A nonbinding ballot initiative in Mass. just passed with about 80% of the vote:
The referendum asked whether voters want their state representative "to vote for legislation to create a strong presumption in child custody cases in favor of joint physical and legal custody, so that the court will order that children have equal access to both parents as much as possible, except where there is clear and convincing evidence that one parent is unfit, or that joint custody is not possible due to the fault of one of the parents."

Supporters of a "yes" vote have argued that some judges in divorce and child custody cases are inclined to favor the mother when deciding which parent should have legal and physical custody. They contend that state law should guide judicial action more firmly in the direction of joint legal and physical custody and of assuring children's "equal access to both parents as much as possible."

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