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COOPERATIVE PARENTING FOR DIVIDED FAMILIES/GROUP’S INITIATIVE 619 N. Murtland Ave The Honorable Senator James Gerlach Dear Honorable James Gerlach, I am a voting citizen, and I am urging you to support Presumptive Joint Custody Legislation. Former Bill HB888 The problem with the practice of custody determination today in Pennsylvania is that the judicial system does not follow the existing statutes. As a result, custody of minor children is awarded to a parent while the other parent is relegated to a secondary role as a “visitor”. The present statutes are gender neutral and promote both parents to be involved as serving the best interests of the children. The Rules of Civil Procedure even go as far to say that the “routine arrangement” for parents is one parent is with the children 30% of overnight stays while the other parent then has 70% of overnight stays. However, over 80% of custody orders give the mother primary custody 85% of the time and the father is given “liberal visitation” of 15% of over night stays. The Pennsylvania courts do not practice the application of the present statute that says that the parent most willing to encourage and permit access of the children to the non-custodial parent is the one who should have custody. Nor does the judicial system use the statute that gives them the latitude to order each parent to submit in writing, their proposed parenting plans. HB888 will serve the best interests of children and parents in four ways. First, the present custody statutes in Pennsylvania uses the term shared custody in lieu of joint custody. Pennsylvania should adopt a change in terms from shared to joint custody to conform to the Uniform Custody Code between states. Second, HB888 will make it mandatory that both parents will submit their parenting plans in writing to the court. These parenting plans can then be used as evidence as to which parent is more likely to allow frequent and continuing contact between the other parent and the children. We will have parents fighting to cooperate. What a concept! Third, HB888 will make it mandatory for the lower court judge to write his reasons for denying joint custody when one or both parents request it. Judges are very busy and do not like to write their reasons for their decisions unless they are forced to do so. We will see more judges following the parental submitted parenting plans when issuing custody orders. Finally, HB888 will state that joint custody is in the best interests of the children next to an intact marriage. Of course if a parent is unfit, as referenced to a series of violent and deviant criminal codes, then the presumption does not apply. Pennsylvania will begin to see more involved fathers, greater support compliance, less social problems in the children and even a decrease in divorce rates. Sincerely, ______________________
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