skip to Main Content

Aug. 23, 2018-Debunking the arguments against rebuttable presumption for equal shared parenting

A legal presumption of shared parenting, it is argued, would prioritize parental rights over the well-being of children. … In addition, it is argued that, in allowing judges to exercise their discretion, the best interests standard provides for individual justice.

A legal presumption of shared parenting based on a firm foundation of research evidence defining children’s needs and interests in the divorce transition –

(1) provides a clear and consistent guideline for judicial decision making.

(2) This presumption provides a clear-cut default rule,

(3) removes speculation about future conduct as a basis for making custody decisions,

(4) limits judicial discretion,

(5) enhances determinacy and predictability of outcome, and

(6) reduces litigation and ongoing conflict between parents.

Edward Kruk (2018): Arguments Against a Presumption of Shared Physical Custody in Family Law, Journal of Divorce & Remarriage, DOI: 10.1080/10502556.2018.1454201 at page 10.

Click to see previous Equal Shared Parenting Thoughts of the Day
Photo of attorneys Kulbir K. Rahal Vaid, Kimberley Pitre, Gene C. Colman, Gloria Antwi and Jennifer Kirshen

Back To Top