James Cook (1924 - 2009)
In the 1970s, California, like most states, strongly favored mothers in child custody cases. And sole legal custody was the only option available to courts. Even if both parents wanted to share custody, courts had to determine a sole custodial parent of the child. “As late as 1971, the Minnesota State Bar Association's handbook advised lawyers and judges that "except in very rare cases, the father should not have custody of the minor children. He is usually unqualified psychologically and emotionally." (Margot Roosevelt, “Families: Father Makes Two,” Time Magazine, 11/19/2001)
Los Angeles father James Cook, divorced in 1974. He asked the court for joint custody of his son. Cook recalled that the judge thought the request was “preposterous” and the judge told him, “I don’t have permission to do it.”
Though beaten in court, Cook didn’t end his battle there. He recognized the need for a legal framework that prioritized the best interests of the children and, so, along with other fathers facing similar challenges, formed the Joint Custody Association. Together, they lobbied for legislative change, advocating for joint custody arrangements that allowed both parents to share in the joys and responsibilities of raising their children.
Cook's efforts, along with the growing voices of fathers and mothers seeking a more balanced approach to child custody, proved successful. In 1979, urged on by 85 fathers’ rights groups around the country, California passed a landmark joint custody law. This legislation, considered a turning point in American family law, recognized the importance of both parents in a child's life and allowed courts to consider joint custody arrangements when making custody decisions.
David L. Levy, founder of the Children’s Rights Council (CRC) said of Cook, in memoriam, “Jim Cook was the father of joint custody. He is the main reason why every state in the U.S. now recognizes joint custody.”
Cook earned a bachelor's degree at UCLA in 1949 before spending a decade with the U.S. Information Agency as a Middle East specialist. He also worked for the Rand Corp., produced a public affairs program on local television and was a lobbyist for commercial property owners.
In later years, Cook was active in the nonprofit Global Children's Organization as a board member and volunteer at its peace camps for children traumatized by war, intolerance and terrorism.
While James Cook's name may not be widely known, his fight for joint custody in California paved the way for similar reforms across the country. His story serves as a reminder of the power of individual advocacy in shaping laws that impact countless families. It reminds us also, that progress has been made. There is now no court in the country that doesn’t “have permission” to award joint legal custody.
