On Child Custody

From Lexington Herald Leader:

Equality under the law is a uniquely American principle, one that no freedom-loving person would oppose, but the manner in which the principle is applied to the issue of child custody treats children as property, like pieces of furniture, rather than human beings with rights of their own, including the right to stable living conditions.

When considering the issue of custody, judges often regard two divorcing parents who are equally responsible as deserving of equal time with their kids. They rule, therefore, that the kids will spend 182 days a year with one parent and 183 days with the other. That's very nice and virtually guarantees that neither parent is going to be upset, that they are both going to feel as if the court treated them fairly. Indeed, that is consistent with what they tell me: It's fair.

No, it's not fair. These judges are ruling for the best interests of the parents but their best interests are not the issue. Concerning custody, the children's best interests should rule. The parents have responsibilities, one of which is to accept that even when both of them are equally fit, it is best that custody and visitation arrangements guarantee to the greatest degree possible that their kids will enjoy post-divorce living arrangements that are least disruptive.

Read more here.

MR