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Child Custody Act

A New System

The Child Custody Act codes for a new system that will effectively end the Custody Crisis. It will ensure equal protection and due process in custody cases.

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Main Points:

  • Cases heard in regular civil court (not Family Court)

  • Civil Code w/Custody Act applies (not Family Code)

  • Right to a jury

  • Right to a speedy trial

  • No court-appointed professionals

  • Right to same due process protections as tort cases

  • Judges have no more powers than in tort cases

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In More Detail

  • ​​Forensic assessment of child if abuse reported

  • Children's non-court-affiliated therapists may testify

  • No custody, parenting, or psychological evaluations

  • Experts may testify about parenting/abuse​ in general

  • Experts may not give opinions on the instant case

  • No mediation

  • No gag orders or sealed records unless both parents agree​

  • No social services involvement

  • Database to document outcomes

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At conclusion of trial:

  • Jury decides two things by preponderance of evidence

    • which parent is the primary attachment figure

    • if either has been physically, emotionally, or sexually abusive

  • Primary parent is granted primary custody; other traditional visitation

  • Visits with a physically abusive parent must be professionally supervised 

  • No contact with a sexually abusive parent

  • Judge may not overrule the jury verdict​

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