III 

110TH CONGRESS 

1ST SESSION S. CON. RES. 59 

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. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 18, 2007 

Mr. AKAKA submitted the following concurrent resolution; which was referred 

to the Committee on Health, Education, Labor, and Pensions 

CONCURRENT RESOLUTION 

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. 

Whereas, in approximately 84 percent of the cases where a 

parent is absent, that parent is the father; 

Whereas, 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; 

Whereas when families (whether intact or with a parent absent) are living in poverty, a significant factor is often 

the father’s lack of job skills; 


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•SCON 59 IS 

Whereas committed and responsible fathering during infancy 

and early childhood contributes to the development of 

emotional security, curiosity, and math and verbal skills; 

Whereas an estimated 19,400,000 children (27 percent) live 

apart from their biological fathers; 

Whereas 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 2 parents in the 


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•SCON 59 IS 

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 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That it is the sense of the Congress that joint 

3 custody laws for fit parents should be passed by each 

4 State, so that more children are raised with the benefits 

5 of having a father and a mother in their lives. 

Æ 


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