The Backlash! - February 1995
Organization News - Wisconsin Fathers for Equal Justice
P.O. Box 1742 Madison, WI 53701-1742
Custody is a child's right - part 1
by William N. Fetzner
In all situations where custody of a child is in dispute, there shall be a rebuttable
presumption that joint legal custody and equal physical placement with both
parents is in the best interest of the child. This presumption may be overcome only
by clear and convincing evidence with regard to the best interest of the child.
For these purposes, it is in the best interest of a child:
- 1. to have his or her view as to custody arrangements taken into
consideration, subject to the age and maturity of the child; and
- 2. to have both parents' views as to custody arrangement taken into
consideration, subject to the capacity of each parent to provide and maintain a
physical and emotional environment conducive to the child's beneficial
development (the parents should be willing and able, individually, to care
for the child); and
- 3. to have freedom to develop separate and analogous relationships with his
or her parents when the parents don't live together ("analogous" takes into
account time, money and other factors that limit or facilitate relationships; provides
that the child is entitled to develop an analogous relationship with each parent
when the parents live apart, regardless of whatever relationship, if any, existed
before the parental separation); and
- 4. to have stability in the relationships the child develops with each of his or
her parents after the parents decide not to live together (provides for the
development of post-marriage relationships while discouraging long-distance
changes); and
- 5. to have maximal access to both his or her parents, subject to arrangements
that are reasonable for the circumstances ("maximal" is equal under the
presumption); and
- 6. to have continued access to both his or her parents free from unreasonable
interference by the other parent (discourages access interference); and
- 7. to have reasonable access to the friends, associates and relatives of both
parents (discourages interference with additional beneficial relationships);
and
- 8. for the child's parents to live within reasonable commuting distance of each
other, preferably in the same school district (provides practical basis for
shared parenting); and
- 9. to know the identity of his or her father and to have the same opportunities
to form a relationship with the father in a paternity case as would be available to a
child born of a marriage; and
- 10 for the court to consider any other factor regarding the child, provided
that such factor does not discriminate between the parents on the basis of sex.
WFEJ encourages all who have a specific interest in this topic, or who have
information or comments to share with Him, to get in touch with him promptly.
The Dane County team will be assembling soon to prepare for the April
conference.
[ HOME ]
[ BACK ]
The Backlash! is a feature of Shameless Men Press
Send Editorial Comments
to The Backlash!
Please report all problems to The Web
Master