[Congressional Record (Bound Edition), Volume 152 (2006), Part 16]
[Senate]
[Pages 21643-21644]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE CONCURRENT RESOLUTION 121--EXPRESSING THE SENSE OF THE CONGRESS 
THAT JOINT CUSTODY LAWS FOR FIT PARENTS SHOULD BE PASSED BY EACH STATE, 
 SO THAT MORE CHILDREN ARE RAISED WITH THE BENEFITS OF HAVING A FATHER 
                      AND A MOTHER IN THEIR LIVES

  Mr. AKAKA submitted the following concurrent resolution; which was 
referred to the Committee on Health, Education, Labor, and Pensions:

                            S. Con. Res. 121

       Whereas, in the Fatherhood Program provided for in section 
     119 of H.R. 240, as introduced in the House of 
     Representatives on January 4, 2005, it states that--
       (1) in approximately 84 percent of the cases where a parent 
     is absent, that parent is the father;
       (2) if current trends continue, half of all children born 
     today will live apart from one of their parents, usually 
     their father, at some point before they turn 18 years old;
       (3) where families (whether intact or with a parent absent) 
     are living in poverty, a significant factor is the father's 
     lack of job skills;
       (4) committed and responsible fathering during infancy and 
     early childhood contributes to the development of emotional 
     security, curiosity, and math and verbal skills;
       (5) an estimated 19,400,000 children (27 percent) live 
     apart from their biological fathers; and
       (6) 40 percent of the children under age 18 not living with 
     their biological fathers had not seen their fathers even once 
     in the past 12 months, according to national survey data;
       Whereas single parents are to be commended for the 
     tremendous job that they do with their children;
       Whereas the United States needs to encourage responsible 
     parenting by both fathers and mothers, whenever possible;
       Whereas the United States needs to encourage both parents, 
     as well as extended families, to be actively involved in 
     children's lives;
       Whereas a way to encourage active involvement is to 
     encourage joint custody and shared parenting;
       Whereas the American Bar Association found in 1997 that 19 
     States plus the District of Columbia had some form of 
     presumption for joint custody, either legal, physical, or 
     both, and by 2006, 13 additional States had added some form 
     of presumption, bringing the current total to 32 States plus 
     the District of Columbia;
       Whereas data from the Census Bureau shows a correlation 
     between joint custody and shared parenting and a higher rate 
     of payment of child support;
       Whereas social science literature shows that a higher 
     proportion of children from intact families with two parents 
     in the home are well adjusted, and research also shows that 
     for children of divorced, separated, and never married 
     parents, joint custody is strongly associated with positive 
     outcomes for children on important measures of adjustment and 
     well being; and
       Whereas research by the Department of Health and Human 
     Services shows that the States with the highest amount of 
     joint custody subsequently had the lowest divorce rate: Now, 
     therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That it is the sense of the Congress that joint 
     custody laws for fit parents should be passed by each State, 
     so that more children are raised with the benefits of having 
     a father and a mother in their lives.

  Mr. AKAKA. Mr. President, I rise today to submit legislation 
expressing the sense of the Congress that States should enact joint 
custody laws for fit parents, so that more children are raised with the 
benefit of having both parents in their lives.

[[Page 21644]]

  One of the most significant problems facing our Nation today is the 
number of children being raised without the love and support of both 
parents. Even if it is not possible for the parents to remain in a 
committed partnership, it is important that, when possible, each parent 
as well as their extended families have every opportunity to play an 
active role in their children's life. A number of recent studies have 
suggested that children greatly benefit from joint custody or shared 
parenting arrangements. In my own home State of Hawaii, it is a way of 
life to have our keiki, or children, raised and nurtured by the 
extended family and we have seen how our children flourish when the 
responsibility of child rearing is shared.
  This Nation's children are our most vital resource and every effort 
should be made to ensure that they receive the guidance and 
encouragement they need to thrive. I urge States to pass joint custody 
laws for fit parents so all children can be raised within the extended 
embrace of both parents and their families.

                          ____________________