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Opinion: Tenn. Legislator Who Wants Divorced Parents to Always Get Equal Parenting Time Has No Idea What He's Talking About

Filed under: Opinions


sad girl and father

Divorce is hard on kids, and a new law forcing parents to split custody down the middle would make it even harder. Credit: Getty Images

A new bill under consideration by the Tennessee State Legislature would evenly split custody between divorcing parents with exceptions only being made when one parent can prove the other is completely unfit.

The bill, which is in committee, is drawing standing room-only crowds and appears to be dividing parents right across gender lines, the Tennessean reports. Mothers are protesting what they see as a law that could force women to stay in abusive relationships, and some fathers are lauding the bill, saying current divorce laws in the state prevent many dads from having meaningful relationships with their children.

If the bill makes it through the Tennessee House and Senate, that state would become the only one with a so-called gender-neutral custody policy. I'm all for gender-neutral policies and laws -- as long as they aren't crazy, which this one absolutely is.

Proponents of the bill say it would eliminate nasty custody battles and, in the end, give kids what they need: Equal time with both parents, not a custody arrangement that makes sense for the parents' logistics. In theory, they're right. Divorce is disruptive enough without the added emotional distress of, in some cases, drastically reducing the time children spend with one particular parent.

And dads do tend to lose out more often than not. Traditionally, most children remain with their mother and spend a predetermined amount of time with their father. Shuttling between two households can be hard on kids, especially small ones -- that's why some couples are opting for what's called "bird's nest custody," which is when the children remain in the family home and the parents come and go. Even notoriously fractious couples such as Jon and Kate Gosselin are choosing this option in an effort to mitigate the upset caused by their split.

Gender roles have shifted dramatically over the past several decades. But while, in most cases, it no longer makes sense to just award Mom full custody of the kids and be done with it, there are nuances to consider when parents end their marriages.

What happens if Dad or Mom decides to take a job in a city or state hundreds of miles away? What happens if the two live in the same city but not the same school district? What happens when one parent fears she or he can't prove that abuse is taking place in the household, and so decides to remain in a dangerous environment in order to maintain a relationship with the children?

All of these scenarios are realistic. And a law that doesn't take into account the individual subtleties of a family's situation is one that should never make it onto the books. Not to mention the fact that giving parents no other option besides the nuclear one of proving that the other is unfit could lead to vicious, protracted and in some cases, fabricated, court cases.

Tennessee Rep. Mike Bell (R) tells the Tennessean he proposed the bill in order to make parents think twice before pursuing divorce. While his sentiment is admirable, it is misguided at best. This proposed law can only serve to pit parents against one another -- even in amicable splits -- and will make life harder, not easier, for children of divorce.

Related: Divorce Vouchers -- the Gift You Don't Want to Be Getting

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