Brinkerhoff v. Brinkerhoff ( 1997 )

WILKINS, Associate Presiding Judge

(concurring):

I concur completely in the court’s opinion. I write separately only to address briefly one policy issue raised by defendant.

In his brief and argument before this court, defendant suggests that public policy should weigh in favor of requiring a former stepparent to assist financially in supporting former stepchildren of whom the former stepparent has joint legal custody. I understand this argument to mean that in exchange for the benefit of a continued relationship with the child or children, the former stepparent should be obligated to share in the burden of support. As with all legal custody arrangements available under the law when a marriage involving minor children is dissolved, the purpose of joint legal custody is to provide for the children’s proper care. The purpose of a custody arrangement is not to allocate benefits between the divorcing parents.

The legislature, in enacting statutory guidelines for various support and custody arrangements, seeks to minimize the negative effects on children upon the dissolution of the parents’ marriage relationship. Where, as here, one of the former marriage partners has established a strong bond with the natural children of the other marriage partner, the continuation of that relationship by the divorcing partners’ agreement will surely aid in minimizing the negative impact of the divorce on the children. That is good public policy. On the contrary, to impose an ongoing financial burden on the former stepparent as the price of continuing the relationship will surely decrease the number of former stepparents willing to assist in the nurture and upbringing of the affected children. That would be bad public policy.

I believe the outcome announced in our decision today is not only in keeping with the legislature’s clearly worded intent, but also supports the better public policy of encouraging healthy relationships between parents and those in a parental role and children. Although the financial burden of raising children is often daunting, defendant’s options are to bear that burden himself and raise the children alone, or bear that burden himself and have a loving former “mother” assist with the children in the joint legal custody arrangement agreed to by these two parties. From the children’s point of view, the latter seems the better choice. It is from the children’s point of view that public policy has been made in this instance.