I took the time to write Honorable Representative Brenda Clack, Representative Joel Sheltrown, and the sponsors of House Bill 4564 this evening urging for a referral to Chairperson Clack to bring House Bill 4564, Michigan's Presumption of Equal Custody Bill, to the floor for discussion and debate.
Dear Hon. Representative Brenda Clack,
My name is Lary Holland, a father and former litigant in an extremely litigious child custody dispute arising in several counties that should have resulted in a split-custody arrangement that would have been great for my children, fair for both parents, and appropriate for taxpayers. The outcome, however, was over three years of litigation, a significant drain on community resources, my children being deprived of meaningful access to their one and only father, and my no longer contributing to Michigan’s high-tech industry in a leading metropolitan corridor. There are additional ramifications that resulted from Michigan’s policy over the family too numerous to list here.
Michigan needs a presumption of equal custody because it is fair for taxpayers, parents, and children. A presumption of equal custody eliminates the necessity of parents to feud over parenting time and children because there will no longer be an enabling negative family law policy supporting back and forth fighting over the children unless there are actual provable reasons on why one parent should not have substantially equal custody of their child(ren).
Michigan needs to bring family law policy inline with Constitutional expectations, whereas a protected right should not be infringed upon unless all Constitutional protections are afforded the accused or deprived. Right now, when there are two fit, willing, and caring parents “fighting with the winner takes all philosophy” the children lose substantially because the parents stay enmeshed in the battle, projecting animosity to their children. The children should not be fought over, unless there is good reason to strictly limit one parent’s interaction with their children. House Bill 4564 levels the playing field and will reduce this tug-of-war dramatically when there are two fit, willing, and caring parents involved, freeing up court resources, time, and tax dollars because parents will no longer be enabled to fight with the winner take all philosophy over total domination of their children. Parental litigants will be directed to properly divide the time with their children a substantially equal amount of time. This bill does nothing for those that willfully abandon their children and do not have an interest in equally parenting their children.
House Bill 4564 takes into account domestic violence concerns, because if an individual parent is perpetrating a continual act of domestic violence the evidence can be presented resulting in conviction of the offending party, and quite possibly showing that the offending party is also unfit as a parent. The bill does not go far enough to provide for a penalty to parents that fail to work together as equal parents, which would encourage and reward good behavior instead of the current atmosphere of alienation and family feuding. Policing for positive outcomes helps shape Michigan’s family law policy to support equal parents and towards punishing those that continue to enmesh themselves in a winner take all pattern of conduct.
I hope you take into account the growing support across the State of the Equal Custody concept. This issue needs to be brought to debate early and discussed fully to come to a resolve in the committee that equal custody is good for parents, great for children, and honest for taxpayers. We need to free up community resources and focus again on parents being parents instead of adversaries in a courtroom. I have sent a copy of this letter to my Representative, Joel Sheltrown as well as all of the sponsors of the House Bill requesting referral for this bill to be brought up for discussion and thoroughly investigated.
Should you have any questions about my position on this issue you may reach me toll-free at 800-319-4955 ext. 3. I would also like to be invited to any hearings that might be scheduled on House Bill 4564. Thank you for your consideration on these matters.
Respectfully Submitted,
/s/ /s/
Lary Holland
Michigan Family Court Problems
P.O. Box 107
Oscoda, MI 48750
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