HB 803 will Bring more Equal Pay for Women with Equal Parenting, say Women Experts on CNBC

 HB 803 will Help Bring more Equal Pay for Women with Equal Parenting, say Women Experts on CNBC

 

Simply put, a vote against Texas House Bill 803 is a vote against Women’s Equality

Unequal Parenting is a root of the pay gap between men and women because when parents split and both parents have to work, the mom gets stuck with lesser paying jobs because the courts tell mothers that they should be the parent who takes on all the responsibility of raising the child while also working. There cannot be true equality between men and women until the laws make equality in parenting.

 

Moms for Shared Parenting

40m  ·  by Emma Johnson

Equal shared parenting on CNBC with the indelible Sharon Epperson #EqualPayDay:

 

"While full-time working women lag behind men in pay, making 82 cents for every $1 a man makes, mothers are even further behind. Moms earn 75 cents for every dollar paid to fathers and single mothers bring in 54 cents for every dollar earned by married men, according to the National Women’s Law Center.

 

"A recent survey shows custody arrangements have a bearing on what single mothers earn. Those with a 50/50 parenting schedule are 54% more likely to earn at least $100,000 a year than those whose kids are with them most of the time, according to the Single Mom Income and Time-Sharing Survey. It polled 2,270 single mothers in the U.S. during the summer of 2020.

 

'There is a lot of pressure on moms to be the primary parent,' said the survey’s author, Emma Johnson, founder of Wealthy Single Mommy, a website dedicated to single mothers. 'That is our culture.'"

 

Read the full article here on CNBC: https://www.cnbc.com/2021/03/24/equal-pay-day-single-moms-have-biggest-pay-gap.html?fbclid=IwAR0FsKBLyzSxXiPR-PJ-zTFqvmwNmgxg102odn8aQXz7PA0syMSGZbJQUIg

 

Lobbyist Attorney admits they Push all Child Raising onto the Woman

The only opposition to the massively popular and bipartisan movement for Equal Parenting is a paid lobbyist attorney. At the 2021 Organizational Meeting of the Texas House JJFI Committee, a Lobbyists with the Texas Family Law Foundation admitted to persuading men who want equal parenting in mediation that they don’t really want equal parenting because then they have to do things like take the kid to school and back. Well someone has to do it and if this lobbyist says men shouldn’t do then he must think that women, who also have jobs after a breakup and make up 47% of the workforce, should have to work full time and then also be the only one with responsibility of raising the child? This is a blatant sexism and we wonder why women don’t have the equal opportunity to have a career after a breakup because Texas Family Courts are setting them up for failure with old outdated laws. This is why HB 803 Texas Equal Parenting law is so vital. It starts both fit, good parents off on equal ground with equal parenting going into court. Kids Win with both parents in their lives, and Women get more equality!  More info: EqualJusticeTaskForce.com

HB 803 Helps Low-Income Families and has Bi-Partisan Support

HB 803 will Help Low Income Families

Unequal Parenting laws Hurt Low-Income Families who cannot afford an attorney and get stuck with standard orders with unequal parenting or bad deals that are not in the best interest of the children.

HB 803 Equal Parenting Bill will Help Low Income Families because it will create the starting point as equal parenting for fit, willing, and able parents.

Currently, if a low-income family wants to even try to do more than the current standard possession order unequal parenting starting point, they need an attorney that they cannot afford. This means they get stuck with bad deals and bad agreements or just accept the standard orders. This is why you see lower income families not going to court to get the judge to grant something more equal and fairer because these low-income families do not have the money to hire an attorney.

Even worse, if one parent does have money and the other parent does not, then the parent with money can get the good attorney and the other parent would not have the money to try to get equal parenting. This is the situation we see often when it is the woman who gets ordered to only see their kids every other weekend even though the parents are both good parents. Unequal starting point hurts low-income parents and hurts the kids. Equal Starting point will bring fit parents to court on even ground so less fighting and less conflict and better for the kids! That means even low-income parents who are both fit with no issues don’t need the expensive attorney to try to move up to equal parenting orders because that will be the starting point and then a judge can go down from there with just cause.

The Current Law DOES NOT have an equal parenting option, nor can parents just elect to have more time without having to hire an attorney and have a trial, nor do Judges typically grant it unless you have LOTS of MONEY to hire an attorney for a trial. Do not be fooled by lobbyists who say you can already get equal parenting in Texas. The standard order is the starting point check box that the law says a judge should check, and to vary from that takes money, which is why the new starting point for fit, willing, and able parents should be EQUAL PARENTING HB 803. It is better for courts and better for kids and Judges can still go down from there with just cause for the kids, but there will be much less fighting going into court & better deals for low-income families with both fit parents going into court on equal parenting ground.

HB 803 has Bi-Partisan Authorship!    A dozen Authors and Coauthors already have signed up to HB 803 with HALF being Republican and HALF being Democrat. With so much divisiveness in politics, this is truly a moment where both sides can come together and do something massively great for kids and for society! Support Equal Parenting!

MORE INFO: http://EqualJusticeTaskForce.com

Democrat Women Support Equal Parenting - Vote for HB 803!

I recently posted about Republicans adding Equal Parenting to the Texas GOP Platform, but in reality this is a bi partisan issue that both Republicans and Democrats can agree on and come together to vote for HB 803 because kids need and deserve both fit parents in their lives equally. in fact, Democrats do support Equal Parenting too!

Dear Democrat Legislator:

Democrat Women support EQUAL PARENTING – Democrat Women Legislators all voted FOR this Equal Parenting bill in JJFI committee last session – Support HB 803!

Last Session, Representative, and mother, Gina Calanni destroyed the TFLF Lobbyist arguments in JJFI Committee by showing that there is NOT equal time in the current standard possession order, and to try to get equal time or even more time above the standard possession order from a judge would cost more than most can afford. Further, she destroyed the lobbyist argument that there would be increased litigation with equal parenting. She pointed out that parents fight over time with kids and with fit parents coming in to court having equal time starting point there would be no reason or incentive for them to fight over and over in court.

Rep. Gina Calanni Declared, “I just don’t understand why anyone would be against this when it gives parents actual equal access to their children” and she further pressed TFLF by asking, “How much does it cost to go to court an estimate to hear a court case in front of a judge in a custody case?” Bill Morris with TFLF responded, “custody case could be upwards of 50 thousand dollars.” To which Gina Calanni responded, “Exactly and so you’ve got people that cannot afford that and so they get stuck with a really bad standard possession order and that’s not good for the kids and that’s not good for the parent that doesn’t get it.” Gina Calanni’s grilling of TFLF made it clear that the reason the lobbyist would oppose kids having equal access to both fit parents as the new standard is because for them it might be about about what they get in attorney fees when parents fight in court, instead of the good parents getting along and the kids winning by getting to see both fit parents equally.

Justice Ruth Bader Ginsburg Declared: “Women will have achieved true equality when men share with them the responsibility of bringing up the next generation.” (New York City Bar Association, 2001)

In fact, Moms for Shared Parenting, Emma Johnson, has done studies that show how equal parenting responsibility would help close the pay gap between men and women. When both men and women share the duties in raising a child and bringing them to school and back etc, it allows women to have more equal opportunity to have a career and make more money, instead of primarily the father getting to go have a career by not having the responsibility to equally raising a child.

Support HB 803 Equal Parenting Bill – It has already been vetted last session and passed out of committee by all of the Democrat women on the committee, but it got out too late to make it to the floor for a vote. The kids of Texas and society deserve the bill to be voted out sooner this session so that it finally gets a vote on the floor of the House.

Equal Parenting added to Texas GOP Platform and Top 15 Legislative Priority - Support HB 803

For a Texas Republican Legislator, voting against HB 803 Equal Parenting Bill this legislative session would mean voting against their own party platform, and going against a top GOP issue. That is because at the Texas GOP State Convention 2020, around 8000 Texas GOP State Delegates voted to add EQUAL PARENTING as a 2020 Texas GOP Platform Plank, because kids need both parents in their lives equally.

The 2020 Texas GOP Platform Plank 94 Declares: “Equal Parenting: We support legislation providing for equal and consistent parenting time (possession and access) for every child, when both parents are fit, willing, and able as it is in the best interest of the child.”

It was a Major win in Texas for Equal Parenting and Major win for Texas Children who want and need both parents in their lives equally and less court battles tearing them apart! The idea of equal possession and access for fit parents is not a new one, but it had never been specifically addressed by the Texas Republican Party platform, or any state party that we are aware of. That is mostly due to the idea of equal parenting being common sense that kids need and should have a right to see both good parents equally, and also due to most people had no idea that the law already didn’t set equal parenting as the standard.

We took the issue of Equal Parenting to the 2020 Republican Party of Texas state convention committees and delegates. One by one, women and mothers and men and fathers testified at the state convention about how millions of children’s lives get torn apart in family court. One by one people testified about how the current family law incentivizes conflict and incentivizes parents fighting in court for more time. No one knew that the law did not already start parents off at equal possession and access with kids after two parents split with the judge being able to go lower than equal custody with just cause. No one knew that the law actually starts parents off with standard possession order which means only one parent gets every other weekend to see their kids, and if you want equal custody or even just more time than 4 nights a month you have to fight, and go bankrupt on attorneys, and be in constant conflict in court fights with the kids in the middle as pawns. No one knew how damaging and far reaching this crisis was with unequal parenting contributing to huge financial burdens on society, and unequal parenting being the primary factor in the majority of all child issues from teen crime to teen pregnancy to teen drug use to teen suicides to teen school dropouts.

When this was presented to the Texas State Convention platform and priorities committee delegates, not only was equal parenting passed out of committee unanimously as a proposed platform plank, but it was also passed out of legislative priorities committee as a top 6 priority, and then it still made the top 15 list of priorities by the full delegates before the delegates narrowed the list down to the top 8. For those of you who are not familiar with it means for equal parenting to make the top list of 15 issues, it means the Republican party of Texas made a list of issues the delegates believe are the most important issues to get passed at the next legislative session. The delegates then voted on the top eight priorities and equal parenting might not have made the top eight list of other very important pressing issues, but it was finalized as a top 15 which out of hundreds of platform issues, so being in the top 15 is huge. This is a massive win and a huge boost to equal parenting. This shows Republican Legislators that Equal Parenting is not only an important issue, but it has overwhelming support of voters. Equal Parenting is now a part of the core beliefs platform of the Texas GOP and a top issue for GOP voters.

Texas HB 803 Equal Parenting Bill is the bill that matches this new Equal Parenting Texas GOP Platform Plank. Republican Texas Representatives should vote for the bill to help kids and society, and so to not turn their back on the 8000 Texas GOP Delegates who made Equal Parenting a Republican Core Value.

Children deserve to have both a mother and father in their lives when both parents are fit willing and able. Under Equal Parenting, a court can certainly determine if one parent is abusive or not fit and under equal parenting the court can and will still not allow an abuser to have equal custody, but when the court does determine both parents are fit and both parents are willing and able to be involved equally in their child’s lives then both parents should get equal custody for the sake of the child who needs both parents. Equal Parenting does not take away discretion of a judge, it just gives them another checkbox and another tool in their toolbox. It creates the starting point as equal possession for fit parents and a judge can go down from there, instead of starting of unequal custody and parents fighting to go up from there. Equal parenting means that the new standard possession order, the new starting point, will be equal possession and access. That will be the new starting point with two good parents. The new starting point will no longer be one parent only gets four days a month. That old outdated system causes parents to fight and bicker and drag their kid to court and destroy the children’s lives as they fight over who gets more time with the child. By changing the standard possession order to have a starting point of equal parenting, millions of children who are hurting and committing suicide and committing crimes because of broken families will be helped Because there will be less fighting and less court battles and less parental alienation because both parents won’t have an option to keep fighting for no reason if both parents are fit, they will just have to do what’s best for the children and let the child see both parents equally as long as both parents are fit willing and able.

Breaking News: Senator Bryan Hughes to File Texas Heartbeat Bill SB 8 Next Week

Texas State Senator Bryan Hughes is making a major move next week. It is expected that as early as Tuesday 3/9/2021, he will file SB 8 Heartbeat Bill which, if passed, would restrict abortion and protect unborn babies after a heartbeat is detected.

This bill comes at a time when the United States Supreme Court is more likely than ever to uphold the bill if challenged in court, thanks to the new additions to the Supreme Court by former President Donald Trump. It is important that, under this bill, the prohibition on abortion would be after a heartbeat is detected. The unique heartbeat is a universal sign of individual life. I recall during a constitutional law class at Texas A&M University, one of the reasons for the Supreme Court originally upholding the right to abortion was because it was not clear from science, nor determined by society, when life begins or is viable. This opened the door, I believe, to allowing the Supreme Court to restrict abortion in the future as science and society formulates when life begins or is viable.

With modern advances in medical science, we can now easily determine when an unborn baby has a unique heartbeat, which is a universal sign of individual life. With the understanding and establishment by the State of Texas that a unique viable life can be established with the presence of a heartbeat, the State of Texas can then extend constitutional rights and protections to that unique individual life by restricting the unnecessary destruction of that life.

The following is a one pager with information directly from the office of Senator Bryan Hughes which gives a summary of the bill and the implications of the bill:

SB 8 – Heartbeat Bill

Office of Senator Bryan Hughes

Issue: Prohibiting an abortion after a heartbeat is present.

Contact: Caitriana Corkill (3-0380)

Background:

The fetal heartbeat is a key medical predictor of whether an unborn child will reach live birth. A fetal heartbeat can be detected as early as six weeks. Current Texas law generally bans abortions after 20 weeks of pregnancy.

This bill would prevent abortions from being performed or induced once a fetal heartbeat is detected unless there is a medical emergency as defined under Health and Safety Code Section 171.002(3).

Bill Summary:

The proposed legislation amends the Health and Safety Code, the Code of Criminal Procedure, the Government Code, and the Civil Practice and Remedies Code.

The bill establishes that the State of Texas never repealed, either expressly or impliedly, the state statutes enacted before Roe v. Wade which prohibit abortion unless the mother’s life is in danger.

The bill mandates that the physician determine whether there is a heartbeat. If a heartbeat is detected, the physician is prohibited from knowingly performing or inducing an abortion.

Enforcement Mechanisms:

-          a criminal offense for violation of the above;

-          civil liability for violation of the above;

-          a criminal offense for aiding and abetting an abortion;

-          civil liability for aiding and abetting an abortion;

-          administrative penalties for the physician; and

-          a wrongful death action available to the mother and father.

Private civil enforcement is available once the bill becomes effective. All public enforcement will become available once Roe or Casey is overturned.

Finally, the bill sets out what must be noted in the pregnant woman’s medical record. This includes formatting and notes on why the abortion was performed or induced. If a physician performs or induces an abortion under the medical emergency exception, the reason for the abortion must be noted in the pregnant woman’s medical records.

#SaveOurChildren - Support HB 803 Texas Equal Parenting Bill

The Equal Parenting bill will lower conflict and help women more easily get equal parenting without having to spend thousands of dollars in court fights. However, there is no denying that one of the greatest issues with unequal parenting under current law is that it has created a nation without fathers. The Stats and Facts of the negative effects of fatherlessness is shocking and heart wrenching and we MUST help our kids NOW!

Kids Need Both and Mother and a Father in their lives EQUALLY. The Facts show that Kids and Hurting and Dying due to Unequal Parenting and Fatherlessness

• 63% of youth suicides are from fatherless homes (US Dept. Of Health/Census) – 5 times the average.
• 90% of all homeless and runaway children are from fatherless homes – 32 times the average.
• 85% of all children who show behavior disorders come from fatherless homes – 20 times the average.  (Center for Disease Control)
• 80% of rapists with anger problems come from fatherless homes –14 times the average.  (Justice & Behavior, Vol 14, p. 403-26)
• 71% of all high school dropouts come from fatherless homes – 9 times the average.  (National Principals Association Report)

-          Father Factor in Drug and Alcohol Abuse – Researchers at Columbia University found that children living in two-parent household with a poor relationship with their father are 68% more likely to smoke, drink, or use drugs compared to all teens in two-parent households.

-          70% of youths in state-operated institutions come from fatherless homes – 9 times the average.  (U.S. Dept. of Justice, Sept. 1988)

-          85% of all youths in prison come from fatherless homes – 20 times the average.  (Fulton Co. Georgia, Texas Dept. of Correction)

-          Father Factor in Incarceration – Even after controlling for income, youths in father-absent households still had significantly higher odds of incarceration than those in mother-father families. Youths who never had a father in the household experienced the highest odds. A 2002 Department of Justice survey of 7,000 inmates revealed that 39% of jail inmates lived in mother-only households.

-          Father Factor in Crime – A study of 109 juvenile offenders indicated that family structure significantly predicts delinquency. Adolescents, particularly boys, in single-parent families were at higher risk of status, property and person delinquencies. Moreover, students attending schools with a high proportion of children of single parents are also at risk. A study of 13,986 women in prison showed that more than half grew up without their father. Forty-two percent grew up in a single-mother household and sixteen percent lived with neither parent

-          Father Factor in Child Abuse – Compared to living with both parents, living in a single-parent home doubles the risk that a child will suffer physical, emotional, or educational neglect. The overall rate of child abuse and neglect in single-parent households is 27.3 children per 1,000, whereas the rate of overall maltreatment in two-parent households is 15.5 per 1,000.

-          Daughters of single parents without a Father involved are 53% more likely to marry as teenagers, 711% more likely to have children as teenagers, 164% more likely to have a pre-marital birth and 92% more likely to get divorced themselves.

TX Expert Dr. Osborne, and AZ Expert Dr. Fabricius say Equal Parenting is Best for Kids!

Texas House Bill 803 Equal Parenting bill is vital for the health and well being of children. Texas should pass HB 803 because kids need both parents equally involved as long as both parents are fit, willing, and able!

Dr. Cynthia Osborne at is the expert for the State of Texas on children and family research

Dr. William Fabricius is a national expert on child development

Dr. Osborne with the Child and Family Research Partnership at University of Texas was paid over 1 million dollars by the Texas Attorney General Office as the state expert to extensively research Children and Family. The graph on the top left from Dr. Osborne shows that kids with fathers that are involved have exponentially better health, better education, less likely to go to jail, more likely to go to college, better overall life outlooks. Dr. Fabricius w/ Arizona State University has done some of the most extensive research in the world on child development and custody possession and access. The graph on the bottom left from Dr. Fabricius shows that young adults are more emotionally stable if they spent at least EQUAL time with their father, and the equal father time even created better mother children relationships.

DA Investigator Marcelo Molfino is Fired amidst Wage Theft and Abuse of Information Allegations

Jefferson County District Attorney Investigator Marcelo Molfino has been fired by District Attorney Bob Wortham.  This occurs amidst a new round of corruption allegations. I have been exposing corruption in Jefferson County for some time now. It is important that Constitutional rights of people are not trampled by government actors, and it is important that communities can trust and respect all the good law enforcement officers out there, which is why it is important to expose the bad apples.

I recently did an open records request with the Jefferson County District Attorney’s office for pay records of Investigator Molfino. It was discovered that while Jefferson County taxpayers were paying Molfino emergency pay to NOT work during Hurricane Laura, he was also getting paid in Port Arthur, TX with tax payer funds to do catering. That double dipping is not illegal although it certainly seems unethical.

The triple dipping is where things start to get illegal.

Pay records show that after Hurricane Laura, Molfino took paid time off on 9/25/2020. He was paid his full salary by the tax payers for the time that Molfino took off because Molfino claimed “comp pay.” Comp pay is when Molfino says that he worked overtime on a day in the past but instead of overtime pay, he instead takes off time in the future and still gets paid in order to make up for the extra time he previously worked. The District Attorney’s Office has yet to ever produce any records of this secret comp time stash that Molfino frequently uses to get paid time off. However, on Molfino’s time card Molfino wrote that the comp time he was getting paid for on 9/25 was earned by working extra on 8/26 during Hurricane Laura. The problem is that Molfino’s time card from 8/26 and his pay records both show that Molfino was getting paid emergency pay to NOT work on 8/26, AND additionally we know that Molfino was in Port Arthur getting paid to cook and cater during Hurricane Laura. So therefore, it is not possible that Molfino had earned any comp time on 8/26. So when Molfino claimed comp time earned on 8/26 in order to get paid to take off of work on 9/25, it appears that it was a false statement on his pay card by claiming comp time that that could not have been earned when Molfino claimed it was earned, and therefore theft of taxpayer dollars.

Molfino getting fired comes in this middle of me waiting for additional records for the County regarding this potential criminal activity.

update: The DA's office says that Molfino resigned. That is true. He was told to resign or be fired. It is less paperwork and less bad press that way. A nonvoluntary resignation under threat of getting fired anyways is actually just simply getting fired.

But wait, that is not the only recent allegation of wrongdoing by Molfino.

Recently, a person named Mary Bond has come forward with allegations that Marcelo Molfino had falsified information in order to have her arrested. Furthermore, she alleges that Molfino used his government computer to access confidential past information and photos in order to leak those photos to a local political blogger. It is against the law to use information and government resources for private gain. It is called abuse of official information. Furthermore, it is certainly against the law to make false statements in order to get someone arrested.

Exactly how much these recent allegations played a part in District Attorney Bob Wortham finally letting Marcelo Molfino go is unknown. Maybe the recent events were just the straw that broke the camel’s back because there is a long list of allegations and information about wrongdoing by Investigator Marcelo Molfino from over the years. Molfino recently escaped charges of perjury, thanks to the statute of limitations running out, after a Texas Rangers investigation showed that Marcelo Molfino committed perjury by lying under oath on the stand. I have not done a follow up on that story yet but I will be posting the Texas Rangers report as soon as I get it. In short, Molfino had been trying to set up me, David Bellow, with false charges as retaliation for me having blew the whistle on Marcelo Molfino for practicing without a license, a Class A Misdemeanor. All charges against me were dropped, and now I try to help others, and help society, by working to expose the bad actors who abuse their trust and position they have been given by the citizens.

There will be more to come out as I get more data and information and records.

Here are some of the previous articles involving DA Investigator Marcelo Molfino and corruption in Jefferson County:

Investigator Marcelo Molfino Committed Perjury against David Bellow – Texas Rangers Submit Report to Special Prosecutor | TexasGOPVote

False Stalking and Perjury Charges against David Bellow DROPPED – Texas Rangers Investigating DA Bob Wortham for Corruption | TexasGOPVote

DA Bob Wortham Falsely Charged David Bellow in Bribe to Obtain Political Website – TX Rangers Send Case to Special Prosecutor | TexasGOPVote

Conservative Blogger David Bellow Retaliated Against with False Arrest/Charges by Democrat DA Office he Exposed | TexasGOPVote

Family Attorneys Support Texas HB 803 Equal Parenting Bill

Family Attorneys are coming out and overwhelmingly supporting Texas HB 803 the Equal Parenting Bill.

Below is a letter written to you from the Jackson Law Firm. Mr. Jackson is a family attorney who is in the trenches of child custody disputes and has handled over 1500 cases. Mr. Jackson, like many other family attorneys, knows very well that the current family law system is broken, and that the facts and stats and logic are in favor of passing HB 803 Equal Parenting bill because it is in the best interest of the Kids, and will reduce conflict and unclog the courts.

Please read the following letter from Family Attorney Justin Jackson. He specifically addresses the issue with the current family laws and the current standard possession order (which create conflict), and with great detail from an experienced attorney he explains why HB 803 Equal Parenting bill will greatly reduce conflict, help kids, and unclog the courts.

This letter, and more info from attorneys and medical expert studies in support of Equal Parenting, can be found at http://EqualJusticeTaskForce.com

Jackson Law Firm

Justin M. Jackson 

1464 E. Whitestone Blvd, Suite 2201 

Attorney at Law 

Cedar Park, Texas 78613 

jjackson@thejacksonfirm.com 

P: 512.528 1900 F: 866.929.2838 

SENT VIA EMAIL 

Date: February 4, 2021 

To: Hon. Senators of the Texas State Senate and the Texas House of Representatives 

Re: In Support of House Bill 803 Equal Parenting 

To Whom It May Concern, I have served as a Texas family law attorney for approximately 15 years. Over that time, I have handled a prolific case load of more than 1,500 family law cases, primarily focusing on child custody determinations. I have concluded that the single most important cause of conflict in family courts is the incentivization of conflict by way of the Texas Family Code. 

Texas House Bill 803 drastically reduces, if not eliminates, the incentivization of conflict currently in the Texas Family Code by mandating equal parenting time for children amongst divorced or separated parents, with proper exceptions for unfit parents. In summary, enactment of this Bill would, among other things: 

1. promote peace amongst families; 

2. reduce litigation by de-incentivizing it; 

3. unburden the family court system; 

4. turn the focus of family courts to unfit parents; 

5. benefit children by providing substantial contact with both parents; and 

6. reduce the financial ruin of families through litigation. 

In support of this summary, I would offer the following: 

Unbeknownst to legislators who have not encountered divorce or child custody on a personal level, the Texas Family Code sets forth a presumption that one parent must receive a Standard Page 2 of 4 Possession Order schedule, which provides the winning parent approximately 65% of the time and the losing parent approximately 35% of the time. Notably, in my experience, that presumption is tantamount to a mandate as interpreted by the vast majority of judges I have encountered. 

To make matters worse, once the winner has been selected, Courts then award child support to the winner and require child support payments from the loser. Why? Section 154.123 of the Texas Family Code states that “the amount of time of possession of and access to a child” is a factor in determining child support. In practice, that factor alone has invariably been outcome determinative in assessing the child support award. 

As a result, far too many good parents with only personal disputes amongst themselves wage lengthy, contentious, and costly battles over the custody of their children. The stakes are simply too high as incentivized by the Texas Family Code. Stated differently, the Texas Family Code does not promote neutral outcomes in Texas Courts; it does not promote peace amongst divided families. 

Even once the dust has settled in the first round of litigation, the odds are far too high for another round of litigation over the very same issues, for all of the reasons previously stated. 

Lobbyist groups such as the Texas Family Law Foundation, and backed by large, high-dollar family law firms, have promoted false narratives to strike down previous attempts at equal parenting bills. I would invite you to visit the Texas Family Law Foundation’s (TFLF) website (https://www.texasfamilylawfoundation.com/) and, prominently on their front page is the headline: “Bills that didn't pass and the damage they would have done to your practice.”

Aside from what would be an offensive focus of the TFLF on the financial impact of legislation on Texas family lawyers instead of properly focusing on the needs of Texas families and children, in the link below that headline the TFLF states the following regarding 2019’s failed HB 2157 equal parenting law: 

“They also explained that judges could already do this where it is deemed appropriate. And, thanks to the Family Law Section poll on this issue, our lobby team shared that 72% of lawyers who had handled “50/50” custody arrangements had to return to court for modifications because often 50/50 plans are just not feasible. Based on the evident increased litigation, this arrangement should not be the presumption. This frank yet thoughtful discussion delayed the bill from being filed for a month.” 

First, the supposed poll results are misleading. What is the sample size? Is it 72% of lawyers who have ever handled a 50/50 custody arrangement returned to Court over custody and 28% who have ever handled a 50/50 custody arrangement never returned to Court over such an issue? If so, what an astounding result as I have never met a family lawyer who has never been to Court to relitigate a Standard Possession Order. Nonetheless, I have handled relitigation over 50 / 50 custody Page 3 of 4 arrangements and would emphatically state that such relitigation is most frequently about money— connected both to the presumption of a Standard Possession Order and the tie-in factor contained in Section 154.123 of the Texas Family Code. “Unfeasible” is merely the code language to judges to reinvoke the presumption. 

Further, to refute the TLFL contention that judges “already” are free to order 50 / 50 custody arrangements, in truth, judges rarely order equal parenting even when encountering two fit/competent parents because they feel constrained by the presumption in the Texas Family Code. That is not merely an assumption as countless courts have specifically stated on the record the current legal restraints which, they feel, bind their decisions. 

The difference between proponents of equal parenting laws and the TFLF and its adherents is stark: the TFLF and its adherents want courts to presume that fit parents should not have equal time with their children, while opponents, myself included, feel that courts should not be in the business of doling out winners and losers in family court except in the rare case of the unfit parent. I hope that I am not alone in the belief that the overwhelming majority of Texas Mothers and Fathers serve the best interest of their children on a daily basis. The absence of an equal parenting law suggests that the Legislature feels otherwise. 

I also fundamentally disagree with the TFLF and its adherents on what the proper purpose of family courts should be. If the consequences were not so severe and disheartening, it would almost be comical the types of central inquiries that clog our current family courts on a routine basis. In the battle over a Standard Possession Order, these types of questions are not the exception but the norm and are frequently the focal point of rulings: 

1. “Who typically gets [the child] ready for school in the morning?” 

2. “Who typically takes [the child] to school each morning? 

3. “What is your work schedule?” (A line of questioning meant to penalize working parents by suggesting they don’t spend “as much” with the child as another parent) 

4. “Over the past 3 years, who has taken [the child] to doctor’s appointments?” 

5. “Over the past 3 years, who has taken [the child] to dentist’s appointments?”

I do not believe the Legislature intended this or the litany of adverse outcomes under the existing Texas Family Code. 

I appreciate your time in thoughtfully reviewing this letter and House Bill 803. Feel free to contact my office at any time should you wish to discuss this with me further. In contrast to the TFLF and equal parenting opponents, I would eagerly trade the “damage” it would have on my practice for the valuable, generational affect it would have on Texas children and families. 

Sincerely,

Justin M. Jackson

HB 803 Equal Parenting Bill Will Decrease Domestic Violence, Help Victims of Sexual Assault

Texas HB 803 the Equal Parenting bill will decrease domestic violence, just as it did in Kentucky, and it will unclog family courts to be able to focus on victims and situations involving domestic violence and sexual assault.

First of all, under the Texas HB 803 Equal Parenting bill, people who have committed domestic violence or sexual assault will not get an equal custody starting point. HB 803 equal parenting only applies to parents who are determined to be joint managing conservators by the judge. A court has an obligation to not grant a parent with joint managing conservator if there has been domestic violence or sexual assault. So, HB 803 would not allow abusers to get equal custody starting point as they would not be determined fit to be a joint managing conservator.

I have previously written how equal parenting is unilaterally agreed by all research and facts in the medical and scientific community to be best for kids. I have written about the detrimental effects and harm that unequal parenting and especially fatherlessness does to children and society. I have even written about how equal parenting is supported by moms and women and can lead to better equality for women. Well, if that was not enough to get this bill passed, the facts are coming out to show that equal parenting laws are actually causing a decrease in domestic violence, and helping victims of domestic violence and sexual assault get better heard and prioritized in family court cases.

Equal parenting bills like Texas HB 803 are now being shown to DECREASE domestic violence and conflict! Kentucky is a prime example.

Kentucky passed an equal parenting bill two years ago. In the past year of data out of Kentucky, we can see that the Kentucky equal parenting bill has caused a 4 percent decrease in domestic violence and a whopping 11 percent decrease in overall child custody dispute filings in just the first year of the law. The decrease in domestic violence following equal parenting laws makes perfect sense because the current unequal family laws incentivize conflict. The current unequal parenting laws make one parent a winner and the other parent a loser, and so both sides continually fight over who is the winner and gets the kids. People get stupid and violent and aggressive when fighting over kids. Enacting equal parenting laws like HB 803 tells parents that when they go to court the kid gets equal time as long as both parents are fit, willing and able. This equal parenting starting point incentivizes good parents to not go down the path of getting violent and aggressive. It incentivizes parents behaving better. It incentivizes parents working together to share the child instead of fighting over the child, because there is nothing to fight over if the law says the new starting point is equal parenting. Fighting and domestic violence goes down, and even overall child custody cases go down, the data from Kentucky shows. But of course, as always, any domestic abusers would already not get equal parenting because they would not be granted joint managing conservator. The Kids should be the winners and the kids should get equal time with both parents.

Equal parenting bills, like Texas HB 803, will unclog the family court system and help victims of domestic violence and sexual assault to get better focus and priority in family courts.

Equal parenting bills will greatly help victims of domestic violence. Anyone who knows anything about family courts knows that they are clogged with an overwhelming number of petty disputes. Unfortunately, this has caused real, important child custody disputes to be lost in the stack of cases and pushed back. Victims of domestic abuse and sexual assault, who have real issues that need to be addressed in family court, have to wait in line to have their case heard as the Judge sorts through all of the overload of cases. A victim might be waiting in line to be heard because the judge is preoccupied with stupid cases like, I don’t know, Jim and Sally over there fighting over who gets the kids because they disagree over what kind of dog shampoo is best.

You see, the current Texas standard possession order starting point has parents starting off unequal and incentivizes parents to continually fight over stupid stuff in family court as each parent tries to get more time. This has clogged family courts and has not allowed family courts to focus on the important family disputes involving family violence and sexual assault. The Texas Equal Parenting bill HB 803 will start parents, who are deemed fit parents, off on an equal custody starting point. That means when there are no real issues then the kids get to see both parents equally. That disincentivizes fighting in family courts over small petty stuff because they will not need to fight for more time and instead will start off with equal time. Kids win and family court filings and domestic violence goes down. This unclogs the courts and allows the real important cases, such as those involving domestic violence and sexual assault, to get better attention and priority from judges.

The Texas Equal Parenting bill HB 803 will promote good parents getting along and equally sharing the children, while at the same time it will help decrease conflict and domestic violence, as we have seen in Kentucky. Kids win and courts get unclogged which will allow better focus on the important family court cases involving victims of domestic violence and sexual assault.

Data from Kentucky Administrative Office of Courts Research and Statistics shows a sharp decline in family child custody cases (blue line) and domestic violence cases (red line) in 2020 following passage of the Equal Parenting bill.