Monday, October 13, 2008

North Dakota Child Custody Reform?

Existing child custody laws in North Dakota do not work as well as they could.

Divorce is most often hard. And the more the divorce is a matter for the court, given our adversarial legal system, the harder it becomes to have a good solution. That seems especially the case when it concerns the children of divorce.

Of course, there are couples who have divorced who have acted responsibly toward their children. They may be in the majority. However, in those occasions where a child or children become the focus of passionate, even obsessive, disagreement between parents, then something must be done.

Ideally, the laws and regulations that guide families through divorce should treat all parties fairly, within reason, with the needs of any children in the family considered first and foremost. These laws and regulations should be humane. Compassionate, yet firm and frank.

The Legislature’s Judicial Process Committee has endorsed changes in the state’s child custody laws that do much to improve the existing situation. The proposal originated with a North Dakota State Bar Association task force. When lawmakers arrive in January to do their work, this reform of child custody should be a high priority.


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