PIERRE, S.D. -- More than a dozen states, including South Dakota, don't require a judge to factor in a child's preference when making custody decisions, according to a new analysis of these laws.

The report was issued by CustodyXChange, which develops software for people managing custody issues. The company's managing editor, Shea Drefs, said they've looked at a range of policies in the United States to make sure parents are fully aware of legal requirements in their respective state. The latest findings showed that in 13 states, a child's preference doesn't have to be considered if the court makes a final custody decision.

Drefs cited two conflicting viewpoints at the heart of the matter.

"I think everyone would probably, to some extent, agree that it'd be nice for a child to have a say in their life," she said, "but then also, it's understandable that we don't want to have the child in the middle of the custody battle."

She said those are factors South Dakota judges have to keep in mind, and they still have the option of taking a child's preference into account, even if they don't have to. Two neighboring states, Montana and Wyoming, also are among the 13 states that don't have the requirement.

For any states that do require a child's input, it's allowed only when the child is considered mature enough to have a reasonable opinion. The report said most states don't provide age-specific guidance, no matter what custody laws they have on the books. Drefs said South Dakota judges are in that group as well.

"In some cases, they might listen to what the child has to say, and others they might not," she said. "And probably, age will be one of the things they look at. But the law in South Dakota doesn't have any guidance."

She said the goal of the report isn't to advocate for any law changes, but provide more clarity for parents and legal professionals. In South Dakota, one of the more recent attempts to update child-custody laws happened earlier this year, when supporters pushed a bill focusing on equal physical custody. That bill failed in the state Senate.


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Virginia's General Assembly is taking up a bill to address outcomes for kids in foster care.

Previous legislation either failed to pass or was watered down in favor of further research on the issues. House Bill 893 would require Virginia's Judicial Council to adopt new standards for attorneys to qualify to represent parents in child dependency cases.

Valerie L'Herrou, deputy director of the Center for Family Advocacy at the Virginia Poverty Law Center, described the impact it can have on families.

"When parents have better legal representation, the children achieve their permanency goal faster," L'Herrou pointed out. "On average, four months faster."

She pointed out the faster turnaround can reduce state foster care operation costs. Typically, Virginia spends $305 million annually on foster care. Most opposition to previous bills has subsided, in light of state research about the extent of the issue. The bill passed the House of Delegates and has been referred to the Senate Committee for Courts of Justice.

With more than 5,000 children in foster care, L'Herrou argued now is the time to act. She added if this bill passes, it could serve as a springboard for future improvements to the system.

"I think this will start giving judges information that they need in order to effectively decide cases," L'Herrou emphasized. "When a case goes to court, you're hearing from both sides, and if you only hear from one side, then you're getting an incomplete picture."

The bill would also raise the rate of compensation for attorneys taking such cases. In the meantime, L'Herrou stressed programs are providing parents with sufficient legal representation. The Family Preservation Project has been filling the gap by taking what she calls a "holistic approach" to family separation cases.

During February, which is National Parent Leadership Month, the nonprofit Parents Anonymous is celebrating the successful launch of the new National Parent and Youth Helpline.

The Helpline has received more than 19,000 calls in its first few months. On Saturday, the group cut the ribbon on its new headquarters in Pasadena.

Rep. Judy Chu, D-Calif., spoke at the event, saying National Parent Leadership Month is the perfect time to reassure families they are not alone.

"It is a time for them to learn that there are resources available," Chu noted. "You can change your life around and feel better yourself, but also help your children live better lives."

Parents Anonymous created National Parent Leadership Month 30 years ago. The nation's 174 million parents and young people who need emotional support can call or text 855-427-2736 or live-chat 24/7 on the website.

Antonia Rios, chair of the national and California parent leadership teams for Parents Anonymous and a mother of seven, said she overcame decades of trauma with the help of counselors at Parents Anonymous.

"Parents Anonymous has provided me the emotional support so that I felt safe to open up," Rios explained. "I didn't feel judged, or revictimized. I felt like I could talk about what it was like for me, and then move past it."

The federal Administration for Children and Families recently awarded Parents Anonymous a five-year, $10 million grant to launch and operate the National Parent and Youth Helpline.

Wisconsin is among the states without a defined formula for deciding alimony payments through divorce court proceedings.

A new report says without that predictability, some people might not be getting a fair shake.

Custody X Change, an online firm that helps families navigate divorce, is out with a new analysis of alimony laws across the country.

The company's Managing Editor Shea Drefs said only about a third of states have a formula on the books.

The remaining states, including Wisconsin, essentially give judges discretion to sign off on an amount without a guideline.

Settlement agreements often take shape beforehand, but Drefs said that's not always the case.

"If you can't reach an agreement, because many people who are divorcing aren't on super great terms," said Drefs, "and they go to a judge and they say, 'Okay, you decide what should the alimony amount be.' If that's you going in, you have no idea what to expect."

Drefs said this can be especially problematic for those who can't afford an attorney to guide them through negotiations.

The report also notes that of the states that do have a formula, only 10 have guidelines for how long payments should continue.

The authors recommend implementing policies in states where there are none, and for ongoing assessments of existing formulas.

Drefs said in cases where someone isn't able to secure fair terms, whether that's the person receiving the payments or the other half responsible for them, it can have a lasting effect.

"Having bad alimony arrangements can have an impact on each of the ex-spouses," said Drefs, "on their children - and it can have ripple effects."

That might include housing instability or other forms of financial hardships.

Drefs said while existing guidelines can help a judge make a decision, there's still flexibility to consider traditional factors, such as income levels for both spouses, their ages, and the length of the marriage.




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