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The Presumption For Equal Shared Parenting Pros & Cons CD

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Item Number: AFCC-07-007-C
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Plenary: There seems to be increasing support throughout the United States for a rebuttable presumption for equal shared parenting. Proponents say that such a presumption brings the best interest standard into comportment with parents' protected and privileged status under the Constitution and will apply only to those situations in which 1) parents cannot reach agreement; 2) both parents can present realistic parenting plans for the responsibility they seek; and 3) neither parent can present convincing evidence that the other parent is unfit. They say that this presumption will change litigants and practitioners expectation that gains are produced by proceeding to adversarial judicial hearings, will decrease post divorce conflict, and will uphold each parent?s fundamental liberty interest in the care and custody of his/her children. Opponents, while often sympathetic to shared parenting, argue that the presumption would seriously impede the Court's ability to tailor custody determinations to the needs of each particular child.
 

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