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The Perspectives series, featuring insightful commentary from members of the community, is heard on KQED public radio in the San Francisco Bay Area.
If you thought the custody struggle of Elian Gonzales' family has been tough, you haven't tried to resolve a custody fight in California, which often involve long anxious waits, and legal fees and costs in the tens of thousands.
High conflict child custody battles have run into a stone wall -- many family court judges simply refuse to make a decision in these difficult conflicts. Judges often send families to unelected, child development specialists, counselors, and psychologists who evaluate the parents' situation and a make a decision, usually rubber stamped by the judge. In particularly complicated cases, judges require an extensive psychological evaluation costing the family $3000 to $5000 or more. More lawyer fees are expended to set up and monitor these evaluations, prepare the parents for them, review the lengthy post-evaluation reports, and ultimately oppose or advocate for the adoption of the evaluator's recommendations. These evaluations rarely lead to any real resolution for the stressed-out families. Daily schedules of visitation and custodial time are imposed on parents. Frequently they conflict with the parents' work schedules and rarely meet the needs of their children.
Judges often require that any further adjustments to these already unworkable parenting schedules be decided by "special masters", who are court-appointed psychologists with the powers of custody judges. Their hourly fees are paid by the families whose custody disputes they decide or settle. you want to see your child on christmas? Ask the special master, but bring a few hundred dollars.
The family court system is a ghastly experience for many parents. It needs a dramatic remodeling. Otherwise, a change of parenting arrangements anywhere may require the kind of force applied by Janet Reno last spring in Miami. The deft, surgical reno approach might be the least expensive and least stressful solution to these heart rending, difficult problems.
With a perspective, this is Robert Kroll.
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