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    July 20, 2007
    Might As Well Just Stay Married

    ArgumentAunt B on a lawmaker’s quest to make presumed shared custody law in Tennessee:

    First, if the best interest of the child is always in mind, how easy is
    it to work “equal time”?  Is it really in the best interest of the
    child to spend 26 weeks one place and 26 weeks another, divvied up in
    smaller portions throughout the year?  What if one parent gets a better
    job in another town?  Isn’t it in the child’s best interest for the
    parent to take that job?  Would the other parent have to move there as
    well?  Would the courts forbid the first parent from accepting the job
    if it interfered with the custody arrangement?

    B has a lot of good points about this, but the thing I really can speak to is how hard it can be to fairly divide time. Shuffling kids back and forth between houses is hard. It’s hard on the parents, it’s hard on the children. Children need to have a place that is stable, steady, and constant.

    I know of a couple who has it set up that the kids live in the same house all the time- it’s the parents that move in and out of the house every other week. And while that sounds ideal for the kids, it has to be ridiculously expensive, not to mention hard on the parents.

    Sure, we want to make the transition easy for the kids in divorce situations, but does it has to be at the expense of the parents?

    The biggest problem is, no matter what happens, it’s not going to be fair. My ex husband gets less time with my son than I do, technically, but when you factor in all the time he spends at school and his activities, my ex husband has more free time with him. I’m not the type of person to religiously follow the "schedule"- I allow them to spend plenty of time with him.

    Is it fair that he spends less time with our son? No. Is it fair that he gets more free time with him? No. There’s nothing fair about divorce, but there’s nothing fair about life, either. Presumed shared custody grates on me. Someone has to be able to make the decisions instead of always having to come to a consensus.

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    Comments

    As the child of divorce my parents did their very best to divide us with close to equal time. I was back and forth adn forth and back. I have often thought – that for ME and my personality a life lived with one parent as "custodial" and visits with the other would have been so so so s o so much more stable. It did so much matter to me which parent. I yearned for it. I would never suggest that one parent not be able to see the child they love so but if people are really thinking about "the children" sometimes it can involve giving up some control so that the other parent can make consistent choices. Fair? no. but that is the reality of a life divided…..

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