The Honorable Senator ____________
Capitol Building
Harrisburg, PA 17120 ____________, 2002
Dear Senator _____________,
I am a voting citizen, and I am urging you to support the proposed Joint
Custody Legislation (SB1276).
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.
SB 1276 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, SB 1276 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, SB 1276 will make it mandatory for the lower court judge to write his
or her 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 parent
submitted parenting plans when issuing custody orders.
Finally, SB 1276 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,
______________________, My Kids’ Dad
______________________
_____________, PA ______
