MA: Dads' group pushes for fairness in custody laws

Dads' group pushes for fairness in custody laws

By JULIE MEHEGAN, Sun Statehouse Bureau

BOSTON Advocates for divorced fathers say they won their first fight by
convincing voters that shared custody of children is a good idea.
Now, they hope to win over the state Legislature.

On Election Day, voters approved a non-binding question backed by Fathers &
Families, seeking to reform custody laws. Final totals on the question have
not been certified by the Secretary of State's Office, but proponents say
they received about 85 percent of the vote. The question appeared on ballots
in 36 of the state's 200 Senate and House districts including Ayer,
Billerica, Dunstable, Pepperell, Townsend and precincts 3 and 3A in
Tewksbury, and received at least 87 percent support in each district.

"This is a great step in the right direction for kids," said Ned Holstein,
president of the nonprofit advocacy group. "We now have both the voters and
the researchers agreeing that the best thing for children is spending a lot
of time with both parents."

One parent is typically awarded physical custody of minor children. Both
parents have legal custody, meaning they share in making decisions.

The ballot question asked voters whether the state legislator from their
district should be required to vote in favor of legislation that would
require judges to "uphold the right of both parents to shared physical and
legal custody of their children" during separation or divorce proceedings."

A bill pending before the Legislature, sponsored by Rep. Colleen Garry,
D-Dracut, would require judges to automatically award shared legal and
physical custody to both parents. The bill provides an escape clause in
cases of abuse or if one parent is deemed unfit.

Armed with the results of the ballot question, Holstein and Garry said they
will press to ensure family courts enter divorce proceedings under the
assumption both parents want and are entitled to shared legal and physical
custody.

"I think right now the first thing they try is 'Who is going to get
custody?' and 'Who is going to get visitation?'" said Garry, an attorney.
"The mindset has to be, 'How is the child going to have as much access as
possible to both parents.'"

But many family lawyers and the Massachusetts Bar Association have opposed
the ballot initiative and proposed legislation because they say it will tie
the hands of family court judges who need flexibility to decide each case
individually.

"It has to be a personal analysis of the judge to figure out what's best for
the kids," said Pauline Quirion, chair of the MBA's Family Law Section.
"It's hard to do a one-size-fits-all statute because it's antithetical to
family law practice."

Mandating shared physical custody will mean constant moving around for the
children, say critics, who also worry it might be used by some parents to
avoid paying child support.

Rep. Robert Hargraves, R-Groton, said he is already convinced there is merit
to the change in law. Eighty-seven percent of the voters in Hargraves'
district signed off on the question.

"I voted for it. I'll support it," Hargraves said. "The question speaks for
itself."

Holstein said Fathers & Families relied on volunteers to collect the
required signatures to qualify for the ballot, and as a result, the question
appeared mostly in districts where the organizers had the largest
concentration of volunteers. The group also targeted certain districts
represented by influential lawmakers, such as House Speaker Sal DiMasi's
district in Boston.

Garry's bill won't see action before the end of the year because the
Legislature is meeting only in informal sessions. But Holstein said his
organization will work with lawmakers to craft a similar bill in the next
legislative session, which begins in January, and will lobby hard for its
passage.

"We think that people of good faith who care about children can work
together on this," Holstein said. "We think protecting the right of all
children to have access to the love and care of both parents is not radical
at all."

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