» More From The Flint Journal
Editorials & Letters
Child custody
Judges should maintain control of where kids go
FLINT
THE FLINT JOURNAL FIRST EDITION
Tuesday, November 02, 2004
A group of Michigan fathers suing to force judges to award them joint child custody should back off from their trouble-making proposition.
A lawsuit seeking that intrusive change in family law is pending in federal court, complementing similar litigation in other states. The suit would hamstring judges into granting joint custody as "the norm," unless compelling reasons could be shown why it is not a good idea.
If these activist fathers truly want to be closer to their children, they will achieve it in their personal relations with them, not through judicial intervention. Granted, the dads' stated goal is greater involvement in their children's lives. But the price would be to take away some of the judges' power in awarding custody in all cases, making it harder for judges to focus on what is best for the children.
The fact is, joint custody is already frequently awarded; it accounted for 23 percent of custody rulings in Michigan during 2002. Still, dissatisfied fathers complain that mothers are given a prejudicial preference, demonstrated by their gaining physical custody in 64 percent of cases.
But that statistic alone does not indicate judges ruled badly or against the children's best interest. Fathers who feel passed over by the courts when they could have been the better custodial parent need to appeal as individuals, not by overhauling law to weight it more in their favor - at least not without showing that the law as it stands leads to poor decisions.
As any wise judge would advise, when divorced parents cooperate selflessly in the interest of their children, a judicial decree is superfluous anyway.
By contrast, when parents allow egotism and anger to govern their relations with each other and then drag their children into the battle, there isn't much a court can do. Nor will the activist fathers' lawsuit smooth the way for such people, no matter how it is settled.
***
"Children learn what they live"