As Joan Kelly has pointed out, the current child custody statutes were written in the absence of evidence of how well they promoted children’s well-being. The evidence that is now available is compelling that failure to enact presumptions of equal parenting time risks unnecessary harm to children’s emotional security with their parents, and consequently unnecessary harm to public health in the form of long-term stress-related mental and physical health problems among children of divorce.
That’s how Dr. William Fabricius closes his latest paper on the science underpinning equal parenting and children’s well-being. It’s about as succinct and powerful an endorsement of equal parenting as I’ve ever seen. It captures the historical context of present-day law, i.e. laws on child custody were written by lawmakers who had no access to scientific evidence about how the laws they passed might influence the very people they were supposedly designed to serve – children.
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