In the first show of the summer, Matt Bromund of the Bromund Law Group, tackles the emotionally charged subject of child custody.
In present-day California, Matt says, the Courts start with the premise that both parents are perfectly capable of caring for their children.
However, historically, before the Victorian era, (1837 to 1901) the father was given custody because he would be the one most likely able to financially sustain the children. The family business was most likely in and around the home, like the family farm, or a smithy business.
During the Victorian era, ideas shifted and the “tender years doctrine” came into being. The idea was that a mother should devote herself to child rearing and home management and therefore should get custody of the children.
Matt calls that the beginning of the “June Cleaver era,” (named after Leave It To Beaver, a 50’s television show). This was when men were supposed to go out in the world to work. When there was divorce, the man was to support the family with his superior wealth because mom was still at home with the children.
The Law caught up around the end of the June Cleaver era and no fault divorce came in with idea of equal time with the children for both parents.
2017 – Present-day: Matt maintains that the best family decisions are made between family members outside the court. He finds that the longer he works with a family on an agreement, the better the outcome is for everyone. However, if there is a parent caught up in rage, jealousy, and/or addiction, then the judge’s input is necessary and important.
It is permissible to tailor an agreement that is unique to a family that may not look like equal time for both parents but works for the family as a whole. For example, if Mom is in the military and Dad is a civilian, there might be an agreement where Dad has the children 100% of the time while Mom is in Iraq. When she gets home, Mom has the children 100% for a period of time. Then the schedule will change again and is worked so the children get the benefit of being cared for by both parents for large chunks of time.
Listen to Matt’s new show for more details about Child Custody Agreements and the unique approach of the Bromund Law Group.
At Bromund Law, they are constantly listening and learning.
The Bromund Law Group is Ventura County’s premier immigration, family law, and criminal defense firm. They are solutions-focused and dedicated to fighting for your family.
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