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Parenting statute. Change #7

April 6, 2009

The law now provides that parents provide a “unified front” on issues concerning the children.  Change #7 reads as follows:

The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

I am honestly perplexed by this new change in the parenting statute.  Even in a good marriage, it is hard for parents to adopt a unified front when it comes to children.  As a divorce attorney, I am uncertain regarding the  legislature’s intent when crafting this provision.  To me, a “unified front on all major issues” means that the parents will stand united and make joint decisions together.  While that is ideally what we all want for our children, it is just not realistic.

I, for one, am hoping that this provision of the statute is not going to bear much weight in the courts.  For one thing, it seems to be inconsistent.  The statute provides, in the first part, that the court will consider the parents’ capacity to keep the other informed and then provides that the parents adopt a unified front on major issues.  

For me, the question really is:  are parents who are getting divorced really going to ”put on a happy face” and present a unified force in their children’s lives?  Only time will tell.

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