Shared parenting legislation creates a rebuttable presumption that joint physical and joint legal custody is in the best interest of the child.

On Tuesday, April 10, 2007, in the city of Pittsfield, history was made in the fathers rights movement in Massachusetts. Governor Deval Patrick for the first time publicly stated his support for shared parenting legislation.  The statements were made at a town meeting held at Pittsfield High School.  He is the first Massachusetts Governor ever to publicly support shared parenting.  Shared parenting legislation creates a rebuttable presumption that joint physical and joint legal custody is in the best interest of the child; the presumption may be rebutted by evidence that one of the parents is unfit, or that it is unpractical through no fault of the parents.

The Governor's statements came as no surprise. I have been fortunate enough to have spoken to Governor Patrick both before and after the election, and during the course of several private conversations, he has told me that he supports shared parenting legislation.  I am not going to hold back my feelings for Governor Patrick — he is an inspiring man, and it is fortunate that he is our Governor.  While other Governors have come out to the Berkshires for photo-ops, none have taken the time to speak to the people as Deval Patrick has in his town meetings.  Whatever you may think of his politics, his reaching out to people was unprecedented, and even some local Republicans gladly admitted to that.

The comments represent the first time the Governor has clearly stated his public support for the concept. To learn more about shared parenting, click here. Governor Patrick had previously said that he is “very sensitive” to the issue of shared parenting and would be taking a look at it during a radio show. But last night was the first time Governor Patrick outright stated his support for a presumption that joint physical custody should be the norm.

Almost all Democratic candidates for Governor in the past two election cycles have supported shared parenting legislation.  In 2002, at the Pittsfield ITAM, also put to questions by myself, Democratic Candidates Tom Birmingham, Robert Reich, Warren Tolman, and Steve Grossman all supported shared parenting legislation.  While Shannon O’Brien could not make the debate, she did go on to win the Democratic primary, and was also a strong supporter of shared parenting.  During that campaign, I came to know Shannon well. In fact, her husband practices shared parenting with his child from a previous marriage.  (During 2006, Democrat Chris Gabrielli also supported shared parenting.)

When I spoke to Governor Patrick during the town meeting, I told him of meeting Mitt Romney on the campaign trail for Governor.  I met then-candidate Romney at a reception after a debate and asked him what he thought of shared parenting.  Though polite and friendly, he was non-committal and said he had to worry about other issues of greater concern.  As I was walking way, Mr. Romney tapped me on the shoulder and asked me to give one of his assistants my card. Then-candidate Romney would eventually became Governor Romney.  He is now a candidate for President.  Then-candidate Romney said he would speak to me after the election about shared parenting; four years passed, and that day never came, despite calls to his office.  This I told Governor Patrick.

After I told Governor Patrick about the 2002 election, I told him about the 2004 election.  In a combined effort of the Berkshire Fatherhood Coalition, the Fatherhood Coalition, and Fathers and Families, shared parenting was put on the ballot of 36 districts in a non-binding public policy question — about 25% of the state. It won by an 86% margin.  It was beyond all speculation that shared parenting was what the people wanted.  We won in the most rabidly liberal districts, and in the most rabidly conservative districts.  Left, right and center, everyone supported shared parenting.

At the town meeting, Deval Patrick congratulated our group, the Berkshire Fatherhood Coalition, and the entire fathers' rights movement for using his website to get momentum going.  “It is there to get movements going — it is meant for organizing,” Governor Patrick stated.

I told Governor Patrick about the Berkshire Fatherhood Coalition’s website, and http://www.berkshirefatherhood.com.  I told Governor Patrick how it linked to his website, where the public can sign up to support shared parenting.

The Governor was somewhat confused why I was asking him again if he supports shared parenting when he had expressed his support of it in the past to me in private.  I did so because I wanted the public to know, our local representatives to know, and the press to know, of our Governor’s support.  It was a very powerful feeling.  You stand asking him a question, but eye-to-eye, man-to-man.  He stood behind no podium, and he emanated openness and availability — traits that have endeared the common man to our leaders since the days of Rome.

Governor Patrick asked me to explain what shared parenting was to the public. I explained that shared parenting is the presumption that there should be joint physical and legal custody, which could be rebutted by evidence that one of the parents is unfit or that it is impractical through no fault of the parents.

I told Governor Patrick about the proposed shared parenting bill, signed by 40 lawmakers, supported by, among others, our own illustrious Dennis Guyer.   Our Governor repeated what the general concept was — the rebuttable presumption — and asked me if he got it right.  I said that he was right on the money.  Our Governor said he was all for it, but he hadn’t yet looked at the specific bill, but that he definitely believed that joint physical custody should be the norm unless there was a good reason otherwise.

A Governor’s endorsement of shared parenting does not mean it will inevitably become the law.  But it is an important first step. Iowa made shared parenting the law in 2004 with the support of Iowa Governor Tom Vilsack.

The first time a Massachusetts Governor publicly supported shared parenting — a movement that goes back into the 70’s — is a day we can all feel proud of.  This is a victory for not just the Berkshire Fatherhood Coalition, nor just the fathers' rights groups in Massachusetts.  It is a victory for fathers' rights groups all through the United States, and throughout the world.