For many years, the issue of child custody would often become nasty and antagonistic when parents contested it because there were few if any presumptions present in the laws across the United States. In general, judges making this decision were supposed to place the best interests of the child or children at the top of their decision priority list. Recently, however, some jurisdictions have been considering and even enacting laws that provide for a presumption of joint custody of children. Minnesota could be the next state to enact such a measure.
HF 322 is a bill in the Minnesota legislature that would provide for a presumption of joint custody, and if it passes into law it would create presumption of joint legal and joint physical custody with a minimum of 45.1 percent of parenting time for each parent. As it stands now, each parent is entitled to a presumption of 25 percent of parenting time. The bill has passed through the state house and will now make its way to the state senate.
Proponents of the bill and the general notion point to the fact that many laws around the country place emphasis on the interest of a child in maintaining regular contact with both parents when appropriate, meaning absent situations of domestic or substance abuse. Opponents of the bill believe that such a measure would remove a large degree of discretion that’s currently held by the court.
San Diego Child Custody Lawyers
Child custody issues, regardless of the laws that govern, are always difficult situations for parents and children to face. These decisions can and usually do affect the lives of everyone involved in a profound manner, and anyone facing this situation needs to take immediate steps to make sure that his legal rights and interests are properly protected.
If you are facing this situation, you need to seek the help of San Diego child custody lawyers who have been fighting for the rights of fathers successfully for many years. Contact the Men’s Legal Center today to schedule an initial consultation.