Man Over pays Child Support, And visits his son too much, Sentenced to 180 Days in Jail

[msanthrope]

189. But when you change the default, you but an unreasonable burden on the primary caregiver,

and the child.

In the hypo I gave you, the father would continue his routine with the children, retaining the primary home, and, setting up a custodial agreement that would allow a temporary visitation schedule. The children's routines would have minimal impact.

Under your proposed legislation, the father would then have to prove, by "written findings" that he should be retained as their primary caregiver.

Just imagine for a second the different legal burden, and frankly, the legal costs of that man---in the former, he walks into court and the presumption is that his children will be taken care of by the person who has been taking care of them. In the latter, he is walking into court and battling a presumption that each parent is fit and able to take care of them. He will now have to prove that she cannot. And it will be an uphill and costly battle.