Menstuff® has reprinted a message from Daniel Lee of Childs
Best Interest
Equal Custody vs Joint Custody
Instead it's called "equal custody", and is parents having joint physical, and alternating legal custody. This is true shared parenting, mom has legal custody for a set period of time, and then this switches to dad for an equal amount. Custody alternations happen yearly, in multi-year blocks, or once prior to the child reaching age 18.
Parenting time is maximum when one is not the legal custodian. And parents only need ask for this, so there are no more custody battles, which removes the state from controlling the parties.
What led to the equal custody bill was the study of constitutional law. Parental rights are fundamental, and there can be no infringements into these rights unless there is a compelling state interest present, and the order is tailored as narrowly as possible. Lacking that, the orders are subject to being overturned on constitutional grounds, which puts most standing orders in jeopardy. See our newspaper article on these issues: tennessean.com/opinion/nashville-eye/archives/03/09/38376215.shtml? Element_ID=38376215
To see the pending Equal bill which you can introduce into your state legislature, click on the license plate at: childsbestinterest.org
Source: Daniel Lee, President, Childs Best Interest,
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