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Shared child custody being encouraged in several states

At one time, when a couple divorced, it meant that a bitter fight over who got custody of the kids was about to ensue. In many cases in Florida, as well as in other states, the mother was often given custody by default unless she could be proven unfit. This is no longer the case. In fact, more and more states are encouraging shared child custody in divorce cases, with a few states even making it a law.

In several states at this time, there are bills on the table that would make it mandatory for a judge to give joint custody in a divorce by default. Some are frightened by these bills, stating that they would cause abusive parents to have a better chance of having access to their children. These bills each have a fail safe for this issue, however. The default judgment would not apply in cases where abuse or neglect has already been suspected.

The basis for these bills is a simple one: statistics show that those children who grow up with both parents are more likely to be successful in life. Dealing with the parental battle over custody and then often suffering the loss of one parent was detrimental to the well-being of children from past divorces. For this reason, many feel that the custody battles should end and both parents should be granted custody unless one can show how doing so would harm the child.

For those who are considering a divorce in Florida, a divorce and family law attorney can help guide them through the process. These lawyers stay up to date on the latest bills and laws that would affect the outcome of child custody, property division and other aspects of each individual divorce. Whether a parent wishes to share custody or not, an attorney can help him or her to understand the laws of the state and how they apply to his or her case.

Source:, "New law makes it easier for Kentucky families to split custody", Paola Suro, Aug.28, 2017