If we look at the Federal Government's role is as it pertains to child custody we must realize that the role is limited at best. The power to make policies resides with the States.
The States are better equipped to make policies concerning child custody because this issue is more central to the community. The greatest impact is to the local community -- it either benefits or suffers from the policies made. There is enough evidence to show a link between children from single parent households to an increase in crime, teen pregnancy, suicide, gang involvement, dropping out of high school, and other problems. Even though these are nationwide problems the Federal Government cannot apply one policy to help correct them. Each State and each community have a different variation of the problem and therefore need a different policy.
When States pass laws, in dealing with child custody, they are obliged by the Federal Constitution to ensure that the rights of the children and the parents are not violated. The States are responsible that the policies they put forth adequately deal with all facets of the problems. They need to be aware of the needs of the family that is breaking apart and the needs of the community. The States need to make sure that they do not prevent either parent from being involved with the upbringing of the children (unless it is proven that there is truly an unfit parent involved); children need both parents to help balance their lives.
When States make custody policies they should look to the Federal Government for help so they can make informed policies. The Federal Government has considerably more resources at its disposal than the States. The Federal Government can and should study the dynamics of the effects of divorce on the children and society.
I personally feel that children need both parents and that both parents have an obligation to the community to raise their children in such a way that when the children become adults they will take their place as productive members of society. I also realize that not all parents are equal in their ability to be parents and that policies pertaining to child custody must have a built-in flexibility to accommodate for the complexity involved when a family breaks apart.
Rich Sybert
Candidate California 24th Congressional District