North Dakota Measure 6, the so-called shared parenting initiative, is unnecessary and would further complicate the already extremely difficult legal process of putting the welfare of children first in divorce cases. It should be rejected when voters go to the polls in November.
Similar initiatives have been attempted in the past, primarily by fathers unhappy with divorce decrees that give mothers custodial care of children. They were bad moves then, and the measure is a bad idea now.
Measure 6 seems reasonable. It’s not. It would put in law a “presumption” that each parent is fit and therefore entitled to be awarded equal parental rights and responsibilities.
But by enshrining in law a presumption of equal fitness, family law courts would be constrained to deal with other factors that might affect the welfare of children of divorce. If the presumption were in law, concerns such as geography, housing, schooling and the expressed desires of a child would play second fiddle.
When parsed truthfully, Measure 6 can be characterized as the “angry Dads initiative.” A focused cadre of parents, mostly fathers, has campaigned for years against what they believe has been unfair treatment by the courts.
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But every divorce is different. Every child custody dispute is different. No one-size-fits-all - such as the scam of “shared parenting” - should restrict a judge’s latitude to decide each case on the merits - and, more important, on the welfare of children.
Measure 6 tilts the field to parents. It is a poorly drawn legal mandate that would put the best interests of children of divorce at risk.
Vote “no.”
Endorsements represent the views of Forum Communications, the Herald’s parent company. This endorsement was written by The Forum of Fargo-Moorhead.
