I still think making 50/50 physical custody law is wrong! Each case needs to be decided on what is best for the child. My sons father didn’t come into his life legally till he 4 years old. You think the standard would have been to take a 4 year old who hardly ever saw his father and make him go stay at his dads 50% of the time? Sorry, I disagree and again I will say each case needs to be handled differently and not ruled the same or the result could be disastrous for the child.
You're right in theory, but in real life, "best interest of the child" really means "best interest of the mother."
Unless either or both parents are demonstrably unfit, 'the best parent is both parents' and that upholds the 'best interests of the child' as well as the rights of both parents. Equal protection of the law is required by our Constitution (14th Amendment?) and objective Justice. As judicial public employees have long erred about this in family law, statutory guidelines upholding Fathers'Rights are the right remedy. Equal parental standing of Fathers and Mothers should be the rebuttable presumption of statutory Family Law, not subject to judicial whim.
Hypothetically, while your husband might not think it best that you have equal or any association with your child (and through the techniques of 'parental alienation syndrome' might persuade your child to say likewise) should that really be allowed to destroy your relationship with your kid? If you'd uphold your own parental rights of association with your child, why derogate the rights of others?
About 20 states now have Shared Parenting Guidelines in law. Yours should be one of them. If a state's Family Law isn't fair and pro-family, it's fundamentally destructive to most everything else in the state.
Justice is Conservative.
I think we are talking the normal presumption of status under law. That is, without exceptional circumstance, the presumption would be of 50-50. Exceptional circumstance such as yours appears to be, would — should — still be argued and decided individually.