Mobile, Ala. (Wala) – House Bill 229, introduced in the legislative period in Alabama, tries to maximize the time of a child in both parents during a divorce or separation.
FOX10 News called the best interest of the Child Protection Act and collected the legislator behind the Bill-representative Kenneth Paschal, Al House representative for District 73.
“My law is described as the best interest of the child- it is not the best interest of fathers, mothers or judges. We want children to achieve better results, ”said Rep. Paschal.
Rep. Paschal says that the legislation revises the custody laws for children and gives the child as much time as possible with both parents.
“If one parent separates or separates from each other, the judges begin with 'the main parents of the parents' and the other parent will visit their child 2-6 days a month. So my calculation begins with a premise that we want to maximize time- the child should maximize the time with both parents, ”he said.
However, Paschal says that it is not a biscuit failure approach and that the invoice does not require that both parents have the same time with the child because every situation is different.
“This legislation does not prescribe 50/50,” he said. “I hear that there is no much in the invoice at 50/50, and there is nowhere in the legislative template that prescribes when there is domestic violence, the perpetrator would have this time. I am your biggest fighter when it comes to protecting parents, spouses or children from abuse and domestic violence. If there is domestic violence, it is not in the best interest of the child to live with abusers. My draft law is not for abuse, but for healthy, loving parents who apply again, the judge must immediately consider these factors- drugs, abuse and other factors. “
In 2008, the state legislature found that the current custody laws were out of date, but 16 years later, these laws remain unchanged.
“We should be a profession of professions, but we really didn't do anything to strengthen our family,” said Paschal.
According to applicable law, common physical custody is defined as “frequent contact with every parent”. The specific criteria remain undefined, says Paschal. Courts are also not obliged to document your decision -making process if you check and reject shared custody. According to the law, parents would only submit a parent plan in a custody matter in cases if the parties request common custody.
According to the Paschal, the invoice is based on the success of the Common Education Act of Kentucky, which was adopted in 2018.
The judge of the family court in Kentucky, Mica Pence, first said that she was concerned when the bill passed.
“We were not happy- as a lawyer, as a judge, was the year in which I took the bank after practicing custody and family law for 10 years. But boy, I was wrong- it was a blessing to see how people get more active in their children's life. What did we think before? We used a system that only gave one parent on another weekend and a day a week, ”said judge Pence.
Paschal argues that the success of the next generation begins at home.
“If you turn on the TV tonight, you will see shooting, killing violence, we see more behavioral problems in our schools. Data show if children only have limited time with mom and dad- it is more likely that they leave school, commit suicide, young people pregnancy- the list continues and further, ”he said.
“I think it is human nature to feel strong when they protect children from using risks. After I had a divorce after my retirement of the US Army after 21 years, I endeavored to spend more time with my daughter. However, I was forced into the courtroom of Alabama, where the conversation with another weekend arrangement began. Fortunately, my daughter, now 20, survived. At first I thought this was an isolated situation. After the research, however, I found that in Alabama alone, around 40,000 children in Alabama are affected by similar circumstances every year, which was stunning. I personally saw countless children who are forced to maintain a relationship with only one parent, often without justified reasons. I also spoke to children of the divorce who are caused to suppress their natural love for a parent, which often causes them to search for unhealthy paths to fill the emptiness in their hearts. We see the consequences every day when we turn on the messages. It is heartbreaking and it is something that needs to be addressed urgently by using best practices and experts undermined social science data. As political decision -makers, we are obliged to protect children from a known risk, ”he said.
If people have questions or concerns about HB 229, Paschal encourages them to contact themselves (205) -626-9458 or to send him to Kenneth.pashal@alhouse.gov by email.
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