By Josh D. Simon

As reported by www.Philly.com, the emotional storm of divorce may soon ease a little for children caught in the middle of their parent’s break-up.

That’s because new state laws passed in January, 2011 address a few significant child custody issues that, for decades, had been dealt with on a case-by-case basis – and often to the confused or enraged dissatisfaction of lawyers and parents.  

Sponsored by Representative Kathy Mandarino of Philadephia, the new laws:

• require that judges explain (either in writing on in court) the rationale for the child custody and/or child arrangement decisions, thus giving the parent on the wrong side of an unfavorable ruling insight on what was missing from their argument

• implement a streamlined procedure for a custodial parent who wants to relocate, which lawmakers expect will reduce the number of cases where parents file no notice at all

• describe to parents exactly what must be in their parenting plan, and provides practical examples, including diet, religion, school, sports, decision-making, which parent will attend which activities, and other day-to-day realities  

• clarify and expand the criteria that must be weighed when it comes to child custody, including 16 specific offenses -- which apply to all household members of a child’s potential new home, and not just the custodial parent -- that the court must examine prior to awarding custody

While it’s hard for anyone to argue with laws designed to minimize the trauma on children during and after their parent’s divorce, some Pennsylvania lawyers are concerned about the resource strain these requirements will place on an already over-burdened system. Speaking on the mandatory check on a child’s potential household members, Philadelphia-area lawyer Megan Watson warned that:

“The court is a little panicked that they have this new mandate without any funding to hire any additional people. [The new law] puts the onus on the court to do an evaluation to figure out if a person poses a threat to a child. Philadelphia 's thinking...how will we figure out who the household members are, whether they've had criminal charges. There are not the resources out there."

However, Watson isn’t entirely pessimistic about how the (well-intentioned) new laws will be interpreted and applied. In light of the new law that spells out what must be in a parenting plan, Watson predicts that it will help avoid and resolve conflict between parents. “If you don't know what the other side wants, you don't know what you're fighting about," she noted.

Tuesday, May 15
at 8 pm to 8:30 EST
Out With the Tragedy: Turning Divorce into a meaningful experience
with Allison Pescosolido and Andra Brosh, founders of Divorce Detox
Learn More

Listen to podcasts of previous TeleSeminars.