5/3/06 Legislative Testimony – Alan Phillips

Chairman Wentworth and members of the Committee, my name is Alan Phillips.  I am also a member of People for Equal Parenting.  Thank you for the opportunity to testify. 

I am a divorced parent and I think my divorce was typical.  My former spouse and I divorced in 2005.  During our legal proceedings neither of us was proven to be an unfit parent.  Nevertheless, in my final divorce decree, relative to my former spouse, I was awarded a much smaller share of time with my child.  This was prescribed by the guideline possession schedule in the Texas Family Code.  I’ve always found this troubling. 

I agree wholeheartedly with PEP’s position that child custody is not a gender issue.  I recently read a report from the Federal Office of Child Support Enforcement that reinforces this point.  The report states that by 2009 one out of every five noncustodial parents in America will be female and that there will be over 70 million Americans in the child support system.[1]  My concern is that despite our so-called “no-fault” divorce laws, it is presumed that there will be a winner and a loser in every divorce with respect to custody.

I’ve come here today to raise awareness about the unintended side effects of Texas custody laws with the Committee.  Because of financial incentives put into place during the Clinton administration, there exists a conflict in interest between divorcing parents and the state.[2]  It is a fact that the presumption of inequality with respect to child custody provides revenue for Texas.  As awareness of this fact grows, citizens are losing respect for government institutions that are no longer neutral arbiters between its citizens.

Between now and next year’s general session PEP will complete an analysis of the real costs … the total costs – direct and indirect – of Texas’ child custody system.  It is expected that those costs will be astronomical and that, once aware of those costs, the legislature in general and this Committee in particular will want to explore a presumption of equal custody in divorce between fit parents. 

As you heard in earlier testimony, the incentives that are inherent with the current presumption of inequality encourage divorce.  Furthermore, addressing the various social pathologies of children raised in non-traditional families implicate great expense on public budgets.  These children are also more likely than their peers to experience difficulties in adulthood, further implicating expense on public budgets.

A presumption of equal custody for all fit parents who are divorcing is not only fair; it will save the state of Texas a great deal of money over time. 

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