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New Parenting Statute. Change #3

February 9, 2009

Divorce lawyers used to look at the love, affection and emotional ties between parent and child.  I always thought that this was a non-issue. How was the Court supposed to determine who loves their children more or with whom the children are more bonded?  

Change number 3 turned the “bonding” provision around and now reads as follows:

“The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent”.

Now, instead of looking at love, affection and bonding, we will now be looking at the parent who puts the children’s needs first ahead of his or her own. 

Practice tip:  When discussing your case with your divorce attorney, talk about how you tend to your children’s needs as compared to the other parent.

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