Remove Judicial Power in Child Custody Determinations During Divorce Proceedings

The Issue

 

As it Pertains to Divorce involving a minor child, we the people of the State of Arkansas by petition wish to remove the Custody and Visitation decision making power from the Court and ensure the freedom of parents to decide what is best for their children remains inviolate. 

Since the inception of the Arkansas State Code in 1983 and amendments there after the power to decide child placement during divorce proceedings has resided with the Judge presiding over the divorce. Over the years as society has progressed the State of Arkansas has gradually moved toward equal custody, passing bill 604 in 2020 that made into law 50/50 parenting was favored by the State of Arkansas. It is now 2024, 4 years later and parents are still battling against the same biased decision and favoritism of the court. This is because the new law did not remove any decision-making power from judges who were already making these determinations before the law was passed. Consequently, nothing has changed. 

As a concerned citizen and parent of Arkansas, I have personally experienced the devastating effects of a system that allows judges to make decisions regarding custody and visitation during divorce proceedings. This system not only strips parents of their freedom to decide for their children but also proves itself irresponsible and dangerous leading to disastrous outcomes for families across our State. Our children's lives, even into adulthood, are limited by the decisions made during these proceedings and removing the burden of a misplaced order of the court can be nearly impossible, at the very least takes thousands of dollars and years to find justice.Most parents would agree that Love is critical to any child's growth and all decisions made for a child should be done so from love. To state the obvious, any decision not made from love cannot possibly be with a child's best interest. A Judges decision in these matters are not made from love but fro the aspect of finances and the false ability to decipher character an mental well-being with no training or degree in the medical fields pertaining as is not required that a Judge have such. The factors to be considered by Judge in the State of Arkansas for child placement in Divorce proceedings Specifically exclude religious beliefs and values. In turn creating a society no worth for our children. 

I propose that alongside bill 604, the equal parenting preference of the State of Arkansas, that we completely standardize a 50/50 custody arrangement with equal parenting time in the manner and maintaining specific details to follow:

Custody, child placement, nor Visitation no longer be a part of divorce proceedings at all. 
The Judge have no authority to place orders on Custody, Child placement, Parentage, or Visitation during Divorce proceedings.  
Every divorce decree should place custody at 50/50, without variance.
Child support remains as is with 50/50 parentage being placed into the standardized child support calculation formula. 
A mandatory 3 months or 12 visits with a licensed Therapist for the children is required following every divorce involving minor children. Therapists may be of the parents choosing and paid for by the parents, if they can not afford it, the state will provide. 
Any contested variation to the 50/50 custody arrangement must come as a recommendation requested of a licensed therapist by the parent seeking modification. Therapist must have a relationship established with the family either pre-existing or during the mandatory counseling following the divorce. 
Merits heard on the Divorce should be in regards to and applicable to the dissolution of the marriage, fair division of marital assets, dividing of debt, only. . 
A Judge or any court will not have the authority to make any child custody determinations or have any reason to hear merits to such without being accompanied by the presence of the recommending therapist by subpoena. 
The parent seeking to modify may petition the court with the recommendation of the therapist that a modification of custody an or parentage would be in the best interest of the child. 
Any and all cases in which physical harm is present, not suspected, but in such cases where police reports have been filed and charges brought against the responsible party, the court may act in an expedited manner to remove the responsible party from any position in which they may inflict harm to the child. 
In all other situations should an emergency change be needed the as recommended by a licensed therapist an Ex-parte order may be entered until a time a hearing can take place in which the therapist will testify to their findings. The Judge will adhere to the recommendation made by the therapist no different than the mandatory report the therapist is required by law to make in all situations of abuse, neglect or child endangerment. 
 

According to research conducted by Warshak (2014), shared parenting arrangements like the proposed one are associated with better outcomes for children on measures such as academic achievement, emotional health, behavioral problems, self-esteem, and family relationships compared to sole custody arrangement. Again in a study published by the American Psychological Association (APA), children fare better when they have meaningful relationships with both parents post-divorce (APA). Yet our current system often prevents this from happening due to judicial biases or misunderstandings.

The time is now for us as citizens of the State of Arkansas to demand change that will protect our families' rights and ensure our children's wellbeing. Let's call upon Legislation to implement this much-needed reform in child custody laws immediately! 


Please sign this petition if you love your children and believe in fair child custody laws that prioritize the best interests of our children above all else, restoring parental freedom and ensuring better outcomes for our children amidst divorce proceedings. We choose to place our own lives in the hands of Judges and lawyers during these unfortunate times, let's not pass down the burden of consequences of our mistakes to our children. 

 

avatar of the starter
Derrick WhitePetition StarterFather wanting to be in my daughters life

78

The Issue

 

As it Pertains to Divorce involving a minor child, we the people of the State of Arkansas by petition wish to remove the Custody and Visitation decision making power from the Court and ensure the freedom of parents to decide what is best for their children remains inviolate. 

Since the inception of the Arkansas State Code in 1983 and amendments there after the power to decide child placement during divorce proceedings has resided with the Judge presiding over the divorce. Over the years as society has progressed the State of Arkansas has gradually moved toward equal custody, passing bill 604 in 2020 that made into law 50/50 parenting was favored by the State of Arkansas. It is now 2024, 4 years later and parents are still battling against the same biased decision and favoritism of the court. This is because the new law did not remove any decision-making power from judges who were already making these determinations before the law was passed. Consequently, nothing has changed. 

As a concerned citizen and parent of Arkansas, I have personally experienced the devastating effects of a system that allows judges to make decisions regarding custody and visitation during divorce proceedings. This system not only strips parents of their freedom to decide for their children but also proves itself irresponsible and dangerous leading to disastrous outcomes for families across our State. Our children's lives, even into adulthood, are limited by the decisions made during these proceedings and removing the burden of a misplaced order of the court can be nearly impossible, at the very least takes thousands of dollars and years to find justice.Most parents would agree that Love is critical to any child's growth and all decisions made for a child should be done so from love. To state the obvious, any decision not made from love cannot possibly be with a child's best interest. A Judges decision in these matters are not made from love but fro the aspect of finances and the false ability to decipher character an mental well-being with no training or degree in the medical fields pertaining as is not required that a Judge have such. The factors to be considered by Judge in the State of Arkansas for child placement in Divorce proceedings Specifically exclude religious beliefs and values. In turn creating a society no worth for our children. 

I propose that alongside bill 604, the equal parenting preference of the State of Arkansas, that we completely standardize a 50/50 custody arrangement with equal parenting time in the manner and maintaining specific details to follow:

Custody, child placement, nor Visitation no longer be a part of divorce proceedings at all. 
The Judge have no authority to place orders on Custody, Child placement, Parentage, or Visitation during Divorce proceedings.  
Every divorce decree should place custody at 50/50, without variance.
Child support remains as is with 50/50 parentage being placed into the standardized child support calculation formula. 
A mandatory 3 months or 12 visits with a licensed Therapist for the children is required following every divorce involving minor children. Therapists may be of the parents choosing and paid for by the parents, if they can not afford it, the state will provide. 
Any contested variation to the 50/50 custody arrangement must come as a recommendation requested of a licensed therapist by the parent seeking modification. Therapist must have a relationship established with the family either pre-existing or during the mandatory counseling following the divorce. 
Merits heard on the Divorce should be in regards to and applicable to the dissolution of the marriage, fair division of marital assets, dividing of debt, only. . 
A Judge or any court will not have the authority to make any child custody determinations or have any reason to hear merits to such without being accompanied by the presence of the recommending therapist by subpoena. 
The parent seeking to modify may petition the court with the recommendation of the therapist that a modification of custody an or parentage would be in the best interest of the child. 
Any and all cases in which physical harm is present, not suspected, but in such cases where police reports have been filed and charges brought against the responsible party, the court may act in an expedited manner to remove the responsible party from any position in which they may inflict harm to the child. 
In all other situations should an emergency change be needed the as recommended by a licensed therapist an Ex-parte order may be entered until a time a hearing can take place in which the therapist will testify to their findings. The Judge will adhere to the recommendation made by the therapist no different than the mandatory report the therapist is required by law to make in all situations of abuse, neglect or child endangerment. 
 

According to research conducted by Warshak (2014), shared parenting arrangements like the proposed one are associated with better outcomes for children on measures such as academic achievement, emotional health, behavioral problems, self-esteem, and family relationships compared to sole custody arrangement. Again in a study published by the American Psychological Association (APA), children fare better when they have meaningful relationships with both parents post-divorce (APA). Yet our current system often prevents this from happening due to judicial biases or misunderstandings.

The time is now for us as citizens of the State of Arkansas to demand change that will protect our families' rights and ensure our children's wellbeing. Let's call upon Legislation to implement this much-needed reform in child custody laws immediately! 


Please sign this petition if you love your children and believe in fair child custody laws that prioritize the best interests of our children above all else, restoring parental freedom and ensuring better outcomes for our children amidst divorce proceedings. We choose to place our own lives in the hands of Judges and lawyers during these unfortunate times, let's not pass down the burden of consequences of our mistakes to our children. 

 

avatar of the starter
Derrick WhitePetition StarterFather wanting to be in my daughters life
Support now

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The Decision Makers

Sarah Sanders
Arkansas Governor
U.S. Senate
2 Members
Tom Cotton
U.S. Senate - Arkansas
John Boozman
U.S. Senate - Arkansas

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