In many jurisdictions, legislatures are actively considering presumptions in favor of an equal timeshare. In some, including many in California, Courts have adopted a de facto presumption in favor of an equal timeshare. Parents opposing an equal timeshare are often viewed as “the problem parent”, unwilling to cooperate, and wasting judicial resources. In this program, we will address the consequences of this cookie-cutter approach by demonstrating the impact on parents and children who are being forced to fit into a mold that fails to meet their needs. Some examples used to demonstrate the problem will include (1) very young children, including very young children with parents who cannot communicate or cooperate; (2) children with special needs; (3) one parent has poor parenting skills; and (4) presence of coercive and controlling or other behaviors that have not been identified as domestic violence or diagnosed as mental illness.
Learning Objectives:
- Participants will be able to understand the negative consequences of equal timeshare presumptions.
- Participants will be able to identify those cases that are likely to produce negative consequences if the unwritten presumption takes effect without intervention.
- Participants will gain appropriate skills to address the presumption, regardless of the point of contact with the family.