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This is what NOW-NY is affraid of... the truth about A330.



 
 
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  #1  
Old March 28th 06, 11:35 PM posted to alt.child-support,alt.mens-rights,alt.support.divorce
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Default This is what NOW-NY is affraid of... the truth about A330.

http://mensnewsdaily.com/2006/03/28/...en-of-divorce/

A330 Would Help New York's Children of Divorce
March 28, 2006
BullsEye
By Mike McCormick and Glenn Sacks

In the wake of the New York Matrimonial Commission's recommendation that the
state embrace no fault divorce, the Assembly's Children & Families Committee
will soon consider a family law bill which will help reduce post-divorce
conflict and greatly improve the lives of New York's children of divorce.
Three dozen Assemblypersons have signed on as sponsors or co-sponsors of
A330. The bill would protect the loving bonds children share with both
parents by establishing joint custody as the preferred parenting arrangement
after divorce.

While a growing consensus of mental health and family law professionals
endorse joint custody, New York still opts for sole maternal custody in the
overwhelming majority of cases. However, research establishes that joint
custody is what's best for kids.

According to a meta-analysis conducted by psychologist Robert Bauserman and
published in the American Psychological Association's Journal of Family
Psychology, children in joint custody settings had fewer behavior and
emotional problems, higher self-esteem, better family relations, and better
school performance than children in sole custody arrangements.

A Harvard University study of 517 families conducted across a
four-and-a-half year period measured depression, deviance, school effort,
and school grades in children ranging in age from 10 to 18. The researchers
found that the children in joint custody settings fared better in these
areas than those in sole custody.

A study by psychologist Joan Kelly published in the Family and Conciliation
Courts Review found that children of divorce "express higher levels of
satisfaction with joint physical custody than with sole custody
arrangements," and cite the "benefit of remaining close to both parents" as
an important factor.

When Arizona State University psychology professor William Fabricius
conducted a study of college students who had experienced their parents'
divorces while they were children, he found that over two-thirds believed
that "living equal amounts of time with each parent is the best arrangement
for children."

Research demonstrates that joint custody also leads to high rates of child
support compliance. This is no surprise-parents who are permitted little
role in their children's lives have less motivation to make sacrifices for
their children. Also, under the current system noncustodial parents are
often forced to wage expensive court battles in order to protect their time
and relationships with their children. These parents end up supporting
lawyers instead of kids.

The New York Chapter of the National Organization for Women, the New
York-based National Coalition for Family Justice, and other misguided women's
advocates oppose A330 in part because they believe that joint custody is
unworkable when there has been conflict between divorcing parents. Research
indicates that these fears are unwarranted.

According to a study in the Journal of Divorce & Remarriage, over time joint
custody serves to help reduce conflict between divorced spouses. When Texas
Woman's University conducted a study of the effects of post-divorce discord
on children aged 8 to 12, they found that joint custody does not expose
children to greater parental conflict. Bauserman's research found that
divorced couples with joint custody report less conflict than those in
sole-custody settings.

NY NOW and others are legitimately concerned about protecting divorcing
women who have been victims of domestic violence. However, A330's
presumption of joint custody only applies to fit parents-abused women would
receive sole custody.

Opponents of A330 also claim that joint custody creates confusion and
instability for children because it requires them to spend significant time
in two houses. Research shows that children fare best in the stability of a
married, two parent household. Once that family is ruptured, however, the
best way to restore the children's sense of permanence is to preserve and
protect their critical bonds with the two people they love most in the
world-their mother and their father.

Also, according to Kelly's research, joint custody usually does not create
confusion for children about their living arrangements.

A330 requires courts to award joint custody unless there are allegations
that it would be detrimental to the child. Should these allegations be made,
the parent requesting sole custody bears the burden of demonstrating
detriment. And when judges decide against joint custody, they must state
their reasons. A330 is a moderate, common sense way to reduce the harm and
loss children experience from divorce.

This article first appeared in the Albany Times-Union (3/22/06).

Mike McCormick is the Executive Director of the American Coalition for
Fathers and Children, the world's largest shared parenting organization.
Their website is www.acfc.org.

Glenn Sacks' columns on men's and fathers' issues have appeared in dozens of
America's largest newspapers. Glenn can be reached via his website at
www.GlennSacks.com or via email at .


  #2  
Old March 31st 06, 11:10 AM posted to alt.child-support,alt.mens-rights,alt.support.divorce
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Default This is what NOW-NY is affraid of... the truth about A330.

NY NOW and others are legitimately concerned about protecting
divorcing
women who have been victims of domestic violence. However, A330's
presumption of joint custody only applies to fit parents-abused women
would
receive sole custody.

This is not good enough. The first thing a women does in a divorse
case is claim abuse and this sets off a slew of state machinary which
convicts a man without any due process or evidence.

Unless someone has been ***CONVICTED*** of a crime, the court needs to
persume the father as INNOCENT and distribute custody the children
fairly.

Ruben

 




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