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Family feud. - By Michael Newdow - Slate Magazine
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"Briefing News & Politics Arts Life Business & Tech Science Podcasts & Video Blogs HOME / jurisprudence : The law, lawyers, and the court. Family Feud Family courts don't solve conflict, they create it. By Michael Newdow Posted Friday, June 18, 2004, at 5:39 PM ET Custody battles. Custody wars. Custody disputes. Conflict has become so ubiquitous in family law that it is difficult for anyone not to think of it once the word "custody" is mentioned. The initial assumption is that this stems from the parties. That assumption is questionable. To be sure, there is often (but by no means always) anger and bitterness during the breakup of a relationship. But displeasure does not necessarily breed dispute. Why do so many people who were once extraordinarily happy together end up in such deep conflict? The answer may be that the custody laws—not the people—are to blame. PRINT DISCUSS E-MAIL RSS RECOMMEND... SINGLE PAGE Facebook MySpace Mixx Digg Reddit del.icio.us Furl Ma.gnolia Sphere StumbleUpon CLOSE Conflict arises when people believe they are being treated unfairly. And treating people unfairly is the hallmark of the family courts, where judges actually announce that they are not concerned with fairness to parents. They claim this is permissible as a result of their statutory duty to address the needs of the child, but the fact is children need their parents to be treated fairly. Especially in view of the marked limitations in accurately rating or measuring parenting abilities, each individual—absent true harm—should have an absolute right to 50 percent time with his or her children. That would instantly decrease custody conflicts. Let's look at a typical situation. Two people have a child and decide that one of them—rather than some outsider—should provide childcare. Which parent should that be? Often, the decision is made by default. If there is a significant disparity in earning capacity, for instance, it is likely that the lower-wage"
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