Provides that physical custody of children may be shared equally in a joint custody decree. (8/15/10)
The implementation of SB236 is expected to have significant implications for family law and divorce proceedings in Louisiana. By allowing for equal sharing of physical custody to be a possibility rather than a prescriptive requirement, the bill could facilitate tailored custody arrangements that better reflect each family's unique circumstances. Supporters emphasize that this change encourages cooperation between parents, as it recognizes that equal custody is not always feasible or in the child's best interest. It also aims to reduce conflicts during custody battles by providing clearer guidelines for judges.
SB236, introduced by Senator Quinn, amends existing Louisiana law concerning joint custody agreements in divorce proceedings. The bill states that, in a joint custody decree, physical custody of children may be shared equally between parents when feasible and in the child's best interest. This represents a shift from current law where equal sharing of physical custody is indicated as a requirement but introduces flexibility by allowing 'may' instead of 'should'. This subtle change aims to provide courts with more discretion in custody decisions.
The sentiment surrounding SB236 is largely supportive, particularly among family law advocates who believe that it will promote healthier post-divorce relationships between parents and their children. However, there are concerns among some community members and advocates that the bill could overlook the complexities of certain cases where equal custody might not be appropriate. The debate largely centers around balancing parental rights with the best interests of the child, highlighting the sensitive nature of custody issues.
Notable points of contention include the interpretation of 'best interest of the child,' as this phrase is often subjectively interpreted in custody cases. Critics argue that the language may lead to inconsistent application by different judges, potentially resulting in unequal treatment between cases. Furthermore, there are worries that some parents may attempt to pursue equal custody arrangements that are not genuinely in the child's best interest, prompting caution regarding the bill's implementation.