Splitsville News

With this post, I’d like to commend James Cook on using his own loss as fuel to take action to make things better for children and parents.

While driving home the other week, I heard this story on NPR (National Public Radio) about the death of James Cook.  Known as the father of “joint custody”, Cook passed away in late February, at 85 years of age.  More information about Cook can be found in this piece, published by the LA Times.

Cook’s reform efforts followed a difficult situation in his own life.  Divorced in 1974, Cook’s request for shared custody of his son was denied.  In fact, the judge said “I don’t have permission” to grant shared custody.

After meeting with other fathers in a similar situation, Cook ultimately decided to fix the problem by convincing an assemblyman to sponsor joint custody litigation.  It was 30 years ago that the legislation passed in California, and 29 years ago that it went into effect in the state.

What a difference a few decades make!  The legal reform initiated by James Cook marked a milestone in the evolution of divorce.  “Joint custody” is a recognized concept in all 50 states, and a preference/presumption in 37 states (plus Washington, DC).  In Washington state, the law explicitly states that “The court shall make residential provisions…which encourage each parent to maintain a loving, stable, and nurturing relationship with the child.”

It is remarkable the reform that just one person can initiate.  Between James Cook’s divorce and today’s divorce, the legal system has shifted 180-degrees.  Back when Cook divorced, one parent was forced into a marginalized parenting position.  Now, each parent is encouraged to maintain a relationship with their child(ren).  The current legal system isn’t perfect, but it’s much better than it was, and I credit James Cook with helping make that true.