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J udaism is a family-focused, child-centric way of life, focused on making meaning and guiding the thoughtful growth of our offspring. So it doesn't surprise me that Jewish law considers the best interests of the children when deciding which parent retains custody in a divorce. Since 1970, Michigan law has directed judges, family law practitioners and divorcing couples to determine parent- ing time arrangements based on the best interests of the children. However, pending legislation, House Bill 4691, proposes changing that to mandate giving roughly equal parent- ing time to both parents — regardless of what is truly best for the children. As a family law attorney and a Jewish mother, I cannot support this pro- posal. The Torah mentions divorce in Deuteronomy 24:1, when a dissatisfied husband sends his wife away. Much Talmudic discussion about divorce ensues. The biblical mandate for child custody traces to a story of King Solomon and two conflicting mothers. Considering one infant and two moth- ers, King Solomon suggests cutting the child in half to give each mother an equal portion. One mother agrees; the other, horrified, refuses, insisting she would rather the child go to the other woman than be harmed. King Solomon decides that self- less act is evidence of the true parent and awards custody to her. (I Kings, 3:16-27) In modern times, rabbinical courts have determined that mothers keep custody of children until age 6; after that, boys go to the father and girls to the mother, according to Child Custody in Jewish Law: A Pure Law Analysis by Rabbi Michael J. Broyde. The Talmud (Ketubot 59b) assumes both parents want custody and are capable of handling it. The Talmud also assigns all financial responsibility for children to the father. But Jewish law, like our cur- rent civil system, is not set in stone. Both allow specific cir- cumstances to override legal parameters. When parents are unfit, unwilling, too swamped with work or travel — or when a parent has had no role in his or her child's life — they should not have joint custody or substantially equal parenting time. Perhaps they shouldn't have any custody. Divorce is tricky. Emotions often lead couples to split and often over- ride common sense when determining divorce details. Every couple experiences different circumstances leading to the dissolu- tion of a marriage, just as every child has different needs. There is no one- size-fits-all resolution for divorce. We are dealing with people and must be flexible enough to take situations into account. That's why this proposed shared parenting legislation is so alarming. Why fix a system that isn't broken? While Michigan's family courts are far from perfect, the base line for parent- ing time has worked for more than four decades because it takes into account the specificity of each case. In fact, between 1990 and 2015, according to the Michigan Department of Health and Human Services, the number of divorce cases resolving with joint custody has increased from 13 percent to 44 percent. Based on my experience in practice, this is due to the increased involvement, ability and willingness of both parents. As parents get more involved in their children's lives, parenting time arrangements reflect this — because current law allows flexibility to change and evolve with the times. The new bill demands a certain number of overnights for each parent regardless of whether that is best for the children. The focus shifts from children's needs to numbers, effectively removing the human element from the equation. Currently, 12 factors are considered when determining parenting time — things like existing love and emotional ties between parents and children, parental capability to guide, provide and love, the mental, physical and moral health of parents, and more. Current law considers where a child lives, attends school, has a sense of continuity. These are important details that cannot be ignored. If we are to act in the best interests of our children, we must truly look at what is best for them — and set aside our own paren- tal desires and fears. As Jews, it's our moral obligation. It's our heritage. • Alisa Peskin-Shepherd has been a practicing fam- ily law attorney and mediator for more than 25 years. She is principal of Transitions Legal law firm in Birmingham, www.transitionslegal.com. 6 October 5 • 2017 jn 6 October 5 • 2017 jn The Jewish News aspires to communicate news and opinion that's useful, engaging, enjoyable and unique. It strives to reflect the full range of diverse viewpoints while also advocating positions that strengthen Jewish unity and continuity. We desire to create and maintain a challenging, caring, enjoyable work environment that encourages creativity and innovation. 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Phipps | Fulfillment Joelle Harder jharder@renmedia.us | Departments General Offi ces: 248-354-6060 Advertising: 248-351-5107 Advertising Fax: 248-304-0049 Circulation: 248-351-5120 Classifi ed Ads: 248-351-5116 Advertising Deadline: Monday, 2 p.m. Editorial Fax: 248-304-8885 Deadline: All public and social announcements must be typewritten and received by noon Tuesday, nine days prior to desired date of publication. Subscriptions: 1 year . . . . . . . . . . . . . . . . . . . . . . $85 2 years . . . . . . . . . . . . . . . . . . . . .$153 3 years . . . . . . . . . . . . . . . . . . . . .$204 1 year out-of-state . . . . . . . . . . .$125 2 years out-of-state . . . . . . . . . .$225 Per year foreign . . . . . . . . . . . . .$300 Detroit Jewish News 29200 Northwestern Highway, Suite 110 Southfi eld, MI 48034 ©copyright 2017 Detroit Jewish News guest column e Best Interests Of Our Children Alisa Peskin- Shepherd Undzer sukkah is zayer zayer Klayn It's so cozy also shayn. Nor zeks can come and sit can zitzn tzuzamen un eat. But to build it, it's a pain. Undzer sukkah - our sukkah zayer klayn - very small shayn - beautiful Nor zeks - only six zitzn tzuzamen - sit together Un – and By Rachel Kapen Yiddish Limerick CORRECTIONS: • The caption in the story "Midnight Golf " (page 26, Sept. 28) incorrectly stated that Rashad Prendergast earned an internship to the Weizmann Institute "thanks to the nonprofit Midnight Golf." That was inaccurate. Prendergast was eligible for the Weizmann program because he won a science fair contest — it was not due to any intervention by Midnight Golf although Prendergast does credit the program for providing general suppor t. Also, he was not the first African American to participate in the Weizmann program, but the only one this year. • Elayne Gross Photography should have been credited with photos from "Scroll Roll" (page 16, Sept. 28).