For generations, when people got divorced in Israel and there were children of the marriage, courts have generally awarded custody to the mothers of these children unless circumstances were present that swayed the court to award primary custody to the father. However, years of debate have been raging on a committee that was charged with reviewing this presumption, and it recently recommended that courts should instead presume that joint custody would be the better result in these cases.
Today, Justice Minister Yaakov Neeman announced that he would adopt this recommendation that was made by the Schnit Committee, named after the head of the group, despite the fact that many people on the committee and others in the area have decried this recommendation as faulty in its logic. Therefore, courts will begin to assume that young children, defined as those up to the age of six, will live under a norm of joint custody.
One of the main reasons that this decision was made was because of so much research that was used to support this committee position that indicated that children of divorce are generally better off having substantial relationships with both parents. However, that did not stop one committee member from resigning and others from publicly excoriating this decision. At this point, the norm has been put into effect and decisions should begin to change overall as more child custody cases come to court.
San Diego Child Custody Cases
Even though no such specific law has been adopted in California or anywhere else in the United States, courts are beginning to move away from the presumption that the mother should be awarded primary custody of the children of a divorce when this issue is disputed. More and more fathers are winning primary custody based on the specific merits of the cases they present, but these cases should be presented by experienced professionals.
If you are facing this difficult battle, you need to seek the help of San Diego child custody lawyers who have been fighting for fathers for many years. Contact the Men's Legal Center today to schedule an initial consultation.