Child-Custody Cases Demand Discretion, Not New Laws

NO ONE can argue against the goal of giving fathers a large presence in their children’s lives. The question is how to ensure that, when unmarried or divorcing parents cannot agree on child-custody arrangements, men get a fair hearing in family court. Fathers’ rights advocates in Massachusetts argue that custody orders generally favor mothers and are pinning their hopes on House Bill 1400, which promotes the concept of “shared parenting.’’ But the bill, now before the Joint Committee on the Judiciary, is too broad an approach to a challenging issue that demands nuanced, case-by-case decisions based on the best interests of the child.

House Bill 1400 would create a legal presumption for joint custody in situations where there is no evidence of child abuse or neglect. Judges would still have the right to award sole custody to one parent, but would have to provide written justification for their decisions. Massachusetts law currently has no legal presumption in favor of either parent, or even to the primary caregiver

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