Chairman Dutton, members of the Committee, my name is Mark Bitara.  I’m a member of People for Equal Parenting.  Thank you for the opportunity to testify. 

Just like the other two PEP members you’ve heard from today, I think my divorce was typical.  My former spouse and I divorced in 1999.  During our legal proceedings neither of us ever accused – much less proved – that the other is an unfit parent.  But after our divorce each of us has always been treated differently than the other, regarding time with our children.  I’ve always been disturbed about this.  As a result, sometime ago I joined PEP.

I understand that the legislature presumes the constitutionality of all statutes it passes and that it’s up to the courts to hear constitutional challenges.  I both hope and trust that that doesn’t mean that this Committee, composed as it is principally of lawyers, doesn’t want to consider problems with the legality of the statutes it passes.  Surely years after Jim Crow met his deserved fate, no legislature wants to be less than scrupulous on this score.

On the PEP website at www.pepintexas.org there is an omnibus complaint alleging various constitutional problems with Texas’ statutory scheme for unequally distributing child custody between fit parents.  I’ve attached a copy of it to this testimony for the Committee’s convenience.[1]  PEP’s Chairman of the Board, Jim Loose, has informed me that former Texas Second Court of Appeals judge William Brigham has suggested to Mr. Loose from the bench that he bring the arguments in the omnibus complaint to the legislature’s attention.  The purpose of my testimony today is to do as Judge Brigham suggested.

Thank you, Chairman Dutton and the members of the Committee for your kind attention.