Whoppers at McDonald's

3/4/2019

“Asking for shared parenting in a state that has shared parenting is the same are going to McDonald's and asking for a Whopper.”

Too often I see someone tell everyone that they want shared parenting in states that already have shared parenting.  This comes from their failure to understand the legal definition of shared parenting, or really what is a lack of legal definition of what shared parenting is.  Compound that with the failure to read the individual state laws and the confusion presented by non-profits that use a false definition to gain donations, the recipe for disaster is ever-present and shows every day.

To find the proper legal definition one needs to search Black’s Law. 

There is no legal definition listed at all. 

The fallback, therefore, goes to Webster’s definition or the “common language” definition:

Shared :

Definition of shared

1: used, done, belonging to, or experienced by two or more individuals

 

2: computing: accessible by more than one user or process

 

Share:

share

noun

noun: share; plural noun: shares

a part or portion of a larger amount which is divided among a number of people, or to which a number of people contribute.

verb

verb: share; 3rd person present: shares; past tense: shared; past participle: shared; gerund or present participle: sharing

1. have a portion of (something) with another or others.

"he shared the pie with her"

give a portion of (something) to another or others.

Take note of the fact that Webster’s does not define “share or shared” as being equal.

Definition of parenting

1: the raising of a child by its parents or parent

2: the act or process of becoming a parent

3: the taking care of someone in the manner of a parent

 

Despite what some are falsely claiming every state has shared parenting by the definition provided. Those who claim otherwise have failed to read the individual state statutes and have not followed the history of the current shared parenting laws. The first state was California and the last state to add shared parenting was New York.  Before the passage of these laws, every state had sole custody.

This also applies to those who are now falsely claiming that states that have “presumptions of equal custody” are equal custody states.  I have always found it odd that those who make this claim continually fail to understand the legal definition of a “presumption” and what the legal effect is in reality.

Still confused about how the definitions break down as far as what is what.  This breakdown will help you to understand the terminology of the different types of parenting plans that are legally recognized nationwide.

http://www.ohiofamilyrights.com/Newsletters/Newsletters-1/Custody-Terms-/custody-terms-.html  

So ARE you asking for a Whopper at McDonald's or are you talking with legislators using the correct terminology?

Is that organization that you think is doing something to advance your state to equal parenting duping you by using false language and legal definitions? This will only delay real progress in your state; often done intentionally to gain donations while falsely making it appear that they are working on a solution.

Are they claiming that it can only be done in small steps? False! It takes no more work to get comprehensive legislation introduced if you can support why, what the end effects will be, and what the societal benefits are financially for the state.

Until you use the right language and are willing to draw legislators into a conversation on why current law fails ALL, you will continue to fail.

Ray R. Lautenschlager

Legislative Director

Ohio Family Rights

www.ohiofamilyrights.com