|
|
Judge's View of the Alabama Joint Custody Statute Court blatantly discriminates against fathers and defies Alabama Joint Custody Statute By Dr. Richard C. Weiss My custody case, heard recently in front of Circuit Judge Jacob A. Walker, III of Lee County, is a prime example of judicial discrimination against fathers and gross abuse of the Alabama Joint Custody Statute that was enacted in 1997. Alabama judges routinely disregard the joint custody statute--the will and intent of our legislators -- that declare it is in the best interest of children for the court to encourage joint custody between two fit parents after divorce. In fact, the court malfeasantly use a loophole in the joint custody statute to routinely disallow joint custody, paradoxically using the Alabama Joint Custody Statute itself to justify REJECTING joint custody. This thinly veiled stratagem is used by family courts to enact its nefarious gender bias that awards sole custody to mothers in almost every litigated case, under the nebulous "best interests of the child" standard. In my case, I was merely requesting that a divorce decree from 1991 be modified so that I could be actively involved in the raising of my two preteen daughters (now 10 and 12 years old), who were infants at the time of the divorce. I was asking only for a sharing of the physical custody of my children, or substantially more time to be with them than the 4 days a month I was allowed. My daughters even came to testify that they wanted and needed this time with their father. Arrogantly, the court rejected my children's pleas and my petition. In fact, I could only "buy" a little extra parenting time with my children, exchanging $160 more per month in child support to the mother for an extra 2 days a month visitation time. My children were bartered to me as if property of the mother. Ostensibly, the court declared that since the mother and I do not agree on things (we are divorced) that the majority of physical custody would remain with the mother. This was ordered despite the fact that both the father and mother are fit and excellent parents. The logic behind this is baffling (this policy encourages lack of cooperation from the custodial mother in order to retain parental control), and the effects on the children are devastating. The decision is also constitutionally infirm and violates my 14th Amendment rights addressing equal protection (prohibiting sex discrimination) and due process. When my attorney appealed this decision in oral arguments as not being in the best interests of the children, Judge Walker arrogantly commented: "According to the Alabama statute, I am not required to provide joint custody." The court appears to justify it's decision not to grant joint custody, purportedly recommended in cases like mine involving two fit, capable, and willing parents, by citing the joint custody statute! How misguided and malevolent. Walker, like all other judges in Alabama confronted with the dilemma of having to abide by the spirit of the joint custody policy of Alabama, chose to reject shared parenting on the basis of an ill-advised clause in the statute that allows judges discretionary power to award any type of custody they decide, without justification. How convenient. Another judge in Alabama who was asked by the father's attorney if he had considered the Alabama Joint Custody Statute when he rejected joint custody, answered, "Yeah, I considered it." There it is. There was absolutely no reason NOT to grant joint physical custody in my case, other than the mother's objection to it and her refusal to cooperate. I am an extremely fit, responsible father with no wrongdoing on my record. Even my children testified in court how much they wanted to be with BOTH parents, as much as possible. Walker's irresponsible statement strongly underscores the disrespect judges have for the so-called Alabama Joint Custody Statute. There is an urgent need to have this statute discarded and replaced with a meaningful one, in the true best interests of Alabama children. Dr. Richard C. Weiss - weissrl@vetmed.auburn.edu |
|
|
|
|
[ Home]---[Search]---[Email]---[Access Page]---[Child Support]
No legal advice is given on this Website or Webpage |
|
|
