Petition Purpose or Goals

The petition effort is a strategic decision of DADS of Michigan PAC and consistent with the strategic plan. The effort in 2000 yielded close to 15,000 signatures with the effort of a small group of people in 3 counties, yet had the effect of motivating the legislature to introduce HB 4664 the "Parental Parity' bill.

Since that time, DADS of Michigan PAC has expanded to include contactors and PAC Delegates in 73 of the 110 House Districts and 34 of 38 Senate districts covering most of the State of Michigan.

This effort in 2004 has 6 objectives:
1. Place a ballot proposal on the November 2 election ballot
2. Increase awareness of this chronic and important issue
3. Motivate the Michigan legislature to introduce similar legislation
4. Create an election year political agenda item to educate and influence election candidates
5. Assist people experiencing problems in the current family court system
6. Increase membership
The effect of the legislation has been dialogued by members of the Judiciary, Legislature, State FIA and FOC offices, Michigan Bar Association, media, lawyers, etc and compared with existing laws in the MCL.

The major tenants of the bill are to (1) create a rebuttable presumption of joint custody, and (2) require clear and convincing evidence of unfitness. The current practice presumes that one parent will have physical custody and the other parent will be a visitor. The current standard of unfitness is a preponderance of evidence, which frequently requires simply an allegation without any evidence.

A parent may take their case back to court arguing the points of this legislation.

The supporters of the bill have been members of the Supreme Court, Michigan Legislators, certain members of Michigan’s Judiciary, non-custodial parents (Moms and Dads), grandparents of non-custodial parents, unwed Fathers, wife’s of non-custodial parents, and even custodial parents (divorcing parents with joint custody intentions are sometimes denied joint custody).

The major opponents of the bill are some members of the Michigan legislature, Judiciary, Michigan Bar Association, most women’s organizations, custodial parents, domestic violence organizations.

The PROS and CONS of the legislation have been documented and argued for over a decade. Early indications from states more inclined to enforce joint custody indicate that if has the following positive affects on divorcing couples:

1. Chose not to divorce
2. Chose healthier non-contentious joint custody arrangements.
3. Improve grandparent’s visitation of their grandchildren.
4. Improves women’s access to work, career, and education opportunities.
5. Increase child support compliance
6. Allows both parents and family to help with the care and feeding of children.
The current process pits one parent against the other to win custody in a win/lose proposition. This bill would shift the paradigm to a win/win/win situation for the parents and family of divorce and the children.

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