Joint Interim Committee on Family Law
October 14, 1997
Senator Harold Caskey and Representative Pat Dougherty presiding
Witness:  Mr. Bryan Murray, Father, Lebanon, Missouri
 
     MR. BRIAN MURRAY: Good morning. My name is Brian Murray. I'm from Lebanon, Missouri, and one of the big points I'd like to get across to the Committee is that we would like, as fathers, to have equal chance of custody of the child. I don't really understand when you have joint custody, the primary custody goes to one and not to the other. I think it should be set up both having joint custody right off the bat. I also think that when you go to your lawyer's office and talk to them, and they tell you, when I was going through my divorce, they said, if I was to fight for custody, unless I could prove her an unfit mother, which is a drug abuser, alcoholic, a child abuser, then I had about a ten percent change, and that doesn't seem right or fair to me, and all I want is.....

     DOUGHERTY: Excuse me, 10 percent chance of.....

     MURRAY: Of gaining custody of the child.

     DOUGHERTY: I need to follow up here for a second. Ten percent change of getting sole custody?

     MURRAY: If we had joint custody, but I wanted primary, that I had about a ten percent change, and it's not really possible. So, to avoid that, his recommendation is to go for joint custody, with her being primary. He said if you fight and try to go primary, that you might lose all your custody rights, or just an every other weekend dad. That's not what I want. I want as much contact with my child as I could. As it worked out, we had joint custody. She was primary. The visitations worked out fine. I kept him more than 50 percent of the time. But, there's so many cases, so many of my friends, coworkers, relatives, that aren't as lucky as I am on that aspect.

     The other point that I have a problem with, is the money exchanging hands. The way the graph of the chart is, I don't know how it works, but it does not work for the working man that wants to provide the same conditions for his child, the home and care, clothing, food, everything. It does not give him a fair chance to give that child the same care as the mother is giving, and I just think that needs to be looked into. I guess that's about all I have to say.

     DOUGHERTY: Questions? Representative Ridgeway.

     RIDGEWAY: Thank you. Just a couple of questions. What county is Lebanon in?

     MURRAY: Laclede.

     RIDGEWAY: On your divorce decree, what it tell you as far as what periods of temporary custody that you have? What are you allowed by the terms in your decree?

     MURRAY: It's, basically, every other day, or it was broke down into actual days. It was every other weekend, which was Friday, Saturday, Sunday, til two o'clock, and it was every Monday and Tuesday, and so we alternated back and forth that way. She has Wednesday, Thursday. I had Monday, Tuesday and we had every other weekend, Friday, Saturday, Sunday, til two o'clock.

     At that time, I had to fight to get the child support reduced, because it was going to be so much. What it amounts to is, that her income was more than my income, but I'm still providing 50 percent on clothing, feeding, and we shared equal time, which I want that, but I feel like I'm paying to get that.

     RIDGEWAY: You said that you weren't really sure how they arrived at the child support amount, is that right?

     MURRAY: Right.

     RIDGEWAY: Okay. So, she has a ......

     MURRAY: I know what it come up from the chart. My lawyer said they just punched my wages in. They come up that I made 74 percent of the income. She made 26 percent of the income. My child support was $434.00. That's what it computes out.

     RIDGEWAY: Even though he was with you 50 percent of the time, almost.

     MURRAY: He said it does not take into consideration, this was three years ago. He said it does not take into consideration that you have 50 percent time. He said, it's based on, his opinion, it was based on every other weekend dad, and I think that really needs to be changed.

      RIDGEWAY: Something else. I just want to back up a little bit. Prior to your divorce decree being entered, when you were living with your wife, and you were an intact family, you worked, right?

     MURRAY: Yes.

     RIDGEWAY: What hours did you work?

     MURRAY: I worked 7 to 5, most of the time.

     RIDGEWAY: Did you have to work on the weekends, also?

     MURRAY: No. Sometimes, half a day on Saturday.

     RIDGEWAY: And, your wife, did she also work outside the home?

     MURRAY: Yes, she did.

     RIDGEWAY: And, what were her hours of employment?

     MURRAY: 8 to 5.

     RIDGEWAY: And, yet, you were advised that, in your county, there was not much of an opportunity for you to be considered on an equal footing for custody?

     MURRAY: No. And. I felt was just as well of a parent as she was. It was our first child for both of us. He said he has went through several divorce cases, and it just doesn't happen. The father just doesn't have the upper hand when you walk in that courtroom.

     RIDGEWAY: And, right now, today, with your decree, you have a situation where you have your child almost 50 percent of the time, but yet, your wife is still named as the primary physical custodian?

     MURRAY: That's correct. It has changed, at the present time. We've had a modification, because she's married someone in the military, and they have moved to Germany. So, now I have him nine months out of the year. She has him three months during the summer.

     RIDGEWAY: Okay, but before the modification, you both lived in the same school district.

     MURRAY: Right, we lived within a couple miles of each other.

     RIDGEWAY: All right. Thank you. Appreciate that.

     DOUGHERTY: Just wanted to inform you that the chart was brought up a number of times in your discussion. By sometime next year, they hope very early next year, there will be a revisiting of that chart. I don't know exactly what they're going to do, but they also were told by the legislature last year, you will list for public consumption all of the assumptions that are used in devising the chart, so that, I think, will be a great benefit to the public, as well.

     MURRAY: That will be good.

     DOUGHERTY: All right. Thank you. Thank you.

     (Someone speaking from audience. Cannot be heard)

     DOUGHERTY: Was in the last year. That was the judge in the back of the room. Thank you, very much.

     Mr. Robert Buske, if I pronounce it correctly. Thank you.



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