February 12, 1997 DAD of Tennessee was demonstrating on Legislative Plaza for parental equality. Those same two days I was in Court in Sumner County fighting to retain my children from being relocated 1800 miles away.
February 12, 1997 DAD of Tennessee was demonstrating on Legislative Plaza for parental equality. Those same two days I was in Court in Sumner County fighting to retain my children from being relocated 1800 miles away.
February 12, 1997 DAD of Tennessee was demonstrating on Legislative Plaza for parental equality. Those same two days I was in Court in Sumner County fighting to retain my children from being relocated 1800 miles away.
include parental input By BILL CAREY Staff Writer The 150 demonstrators who marched from the Nashville Arena to Legislative Plaza yesterday gathered volume as they went, leaving no doubt of their opinion about Tennessee's child custody system. "The best parents are both parents!" they cried in unison. "Free the fathers! Free the children!" "We are not pay- checks! We arE! people!" !!iftf"I')jII@ - Likewise, a move- ment is gathering steam in the legislature that 11OOth General would completely re- Assembly vamp child custody laws. The proposal, now be- Concealed- ing studied by a special w e a p 0 n legislative committee, per mit would replace current h ear i n g s , custody rules with a sys- on 3B. tern requiring divorcing Hearings set parents to come up with on layoff a negotiated "parenting plan. plan" shortly after filing on 48. for divorce. "It is not the answer to all the problems in the world, but I think it will help get people away from the winner/loser mental- ity and into a parenting mentality," said Circuit Court Judge Don Ash, who hears divorce cases in Rutherford and cannon counties. He wrote the proposal for the committee. But not everyone agrees. "The plan works well on paper, but I don't think it will work in real life," David- James Reid Bivens, 2, of Pegram sleeps oblivious to the demon- stration by 150 people for Dads Against Discrimination, protesting NINA LONG / STAFF what they consider gender bias in child custody laws. The group does not support the legislature's new parenting-plan proposal. son County Circuit Court Judge Muriel Rob- legISlature's initial re-examination of custo- inson said. dy laws last year. Ironically, the fathers' rights group that marched yesterday does not endorse the even though its rumblings led to the "We're not naive enough to think the existing proposal will make work perfectly, but right now we don't think the system works at all," said Lee Collins of Johnson City, a director of Dads Against Discrimination. "Today's march isn't so much about legis- t Turn to PAGE 2A, Column 3 lawmakers want ' The amount of hazardous For information on the HIV infection trials, call Victoria Harris at Vanderbilt University Medical Center at 936-1164 or 936-1174. slightly radioactive 'C'llild custody laws may be in for revisions FROM PAGE IA lation as it is about gen- der discrimination." The current system In Tennessee, no two judges han- dle custody cases exactly the same. But in general, the system works like this: If two parents decide to get di- vorced and each wants the kids to live with them, each files suit ask- ing for custody. At the beginning of the divorce process, the court may make a deci- sion as to who gets temporary custo- dy. But it is possible for the parents to have not communicated at all before the divorce goes to court. Then, at the trial, each attorney makes a case for why the children would be better off living with their client. The judge uses his or her best judgment, based on a list of criteria, to determine who gets cus- tody. The judge then comes up with a visitation schedule; under a fre- quent arrangement the non-custodi- al parent gets to see the children every other weekend. The proposal The system the legislative com- mittee studying the problem has on the table is based on a system in place for several years in Washing- dministration panel approving the inical trials were quoted as saying mune Response exaggerated the gs' potential. Local HIV educators say it's im- ortant for study participants to get e full picture. "There are still lots of questions," aid Joseph Interrante, executive di- ector of Nashville CARES. "We don't know the interactions ith other treatments. What are the de effects? Those are all questions pefully this study will address." The inveStigational treatment is en by injection every three ronths. Participants on drugs such AZT or protease inhibitors must ve been on a stable dose for at :t a month to quality. Study participants must be at t 18 years old and have a T-cell unt from 300-549. There's a $50 ancial stipend per inoculation. To get a true picture of the drug's 'ectiveness, half of the study par- tipants will get a placebo, "If the drug is found to be benefi- al, at that point all patients in the dy will be given active Remune," aas said. Key points in custody reform plan Require parents to come up with a detailed "parenting plan" shortly after filing for divorce. It would layout specifically what role each parent hopes to play in the life of the child. Require that both parents at- tend a seminar on the effects of divorce on children. Make it illegal for a custodial parent to move more than 150 miles from the non-custodial par- ent without a court hearing. ton state. Parents who file for divorce would first have to attend a seminar on the effects of divorce on chil- dren. Then, they would be required to sit down together - with their at- torneys, if necessary - and come up with a specific plan spelling out each parent's role. If the parents can't agree on a plan, they would each have to come up with one "The big difference here is that a lot of the discussions would take place before it gets to me," Ash said. "If they can get it resolved by mediation, then ies more likely that the parents can work together, Make it possible for a grand- parent who has had a significant role in raising the child to win visi- tation rights, even against the wishes of the custodial parent. Eliminate the assumption that children under 7 should be award- ed to the mother unless she Is de- clared "unfit." That would be part of a list of several determining factors judges use to determine custody. -BILL CAREY "The court battles are terribly damaging to children." More for the courts? However, there are several con- cerns about the new plan. One is thelost of the educational seminar ana the mediation process. Since many divorcing couples can't afford to pay a lawyer, legislators fear the state would have to pay the addi- tional costs of the mediation. And Gov. Don Sundquist's proposed bud- get is tight. The other concern is that the pro- posed system might bog down the court system. "The problem is in the practical area of enforcement," Robinson said. "Right now, you have a certain segment of divorcing couples that work together, and that's not caus- ing any problems. "But making the arrangement be- tween the two parents more specifi- cally laid out can cause even more trouble. The cases that make it to court are people who don't get along. If you give them more hoops to jump through, it just exacerbates the situation." According to Judge Heather Van Nuys of Yakima County Superior , Court in Washington, no one there has collected statistical data on whether the parenting-plan system ' has reduced court time. But based I on her own experience, she says it I hasn't cluttered up the system. What's next The committee, which is chaired by Rep. Robert Patton, R-Johnson City, is expected to submit the bill, or a version of it, in about a month. It is still waiting for the Tennessee Bar Association's opinion. One member of the committee thinks some version of it will be passed. "My gut feeling is that something will be done," said Rep. Kim Mc- Millan, D-Clarksville. 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