ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Monday, December 2, 1996 TAG: 9612030057
SECTION: EDITORIAL PAGE: A-6 EDITION: METRO
FEW would argue that children are best raised in a home with two loving parents. And when divorce upsets that apple cart, judges, rightly or wrongly, sometimes tend to favor the mother when awarding legal custody of a child or children.
Some mothers may exploit this fact - making it needlessly difficult for a loving father to spend time with his kids, trying in effect to cut him out of their lives. Some fathers retaliate by refusing to provide financial support, even if this hurts their children.
While such lamentable situations cry out for a solution, joint custody in most cases is not it. State legislators should kill a bill that would, in effect, force Virginia courts to award joint custody in the majority of cases.
Those pushing the measure, particularly divorced fathers' advocacy groups, argue it's "for the good of the children.'' Doubtless, many sincerely believe that. But in many cases it could do more harm than good for kids. Rather than end bitter battles between divorced parents, it could escalate them - with children caught in the tug of war.
Dad says yes; Mom says no; Mom lets me; Dad won't let me ... Which parent's values prevail, and when? If it's Tuesday, it must be Dad's?
And since joint-custody arrangements usually require that children live with one parent half the time, the other parent the other half, where do the kids really live? Instead of having one home, with another to visit, they may find themselves constantly in-between.
Many kids can adjust to this sort of lifestyle, even enjoy it. Many divorced parents can settle disputes involving their kids without jerking the children around in the process. Such parents wouldn't necessarily need legal joint custody to come to agreement. They can do it for the good of the children.
Besides which, judges already have the option of joint custody. They should consider it more often. But a legal presumption that this is in children's best interest is a wrongheaded presumption.
LENGTH: Short : 43 linesby CNB