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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CORRECTION: Article updated to include comment from the Kentucky Coalition Against Domestic Violence. (6:30 a.m. EST. April 21, 2022)

By Halena Sepulveda at Kent State University
Broadcast version by Mary Schuermann reporting for the Kent State-Ohio News Connection Collaboration.

The passing of a bill currently making its way through the Ohio Legislature would change the way the court system handles child custody cases by making a shared parenting agreement the new presumed outcome.

Around 10% of Ohio child custody cases involve court intervention. Under current state law those cases have two possible outcomes: with sole custody assigned to one parent, who is then considered the residential parent and has the power to make decisions on behalf of the child; or with a shared parenting agreement that considers each parent a residential parent, giving them both the authority to make decisions about their children. Presently neither option is considered the default outcome in the eyes of the court.

If passed, House Bill 508 would allot equal residential time to both parents as the default. In order to argue for sole custody, parents would have to demonstrate clear and convincing evidence a shared parenting agreement would not be in the best interest of the children.

The bill "had 59 co-sponsors when we signed it, which is unheard of," said Rep. Rodney Creech, R-West Alexandria, who introduced the bill in December along with Rep. Thomas West, D-Canton.

H.B. 508 had its third hearing before the Legislature's Civil Justice committee on Apr. 5.

Ohioans in support of HB 508 argue that children do best when both parents are involved in their lives, and that children raised in single-parent households face a higher risk of the negative impacts of instability.

"When it comes to teen violence and teen pregnancy and drug abuse and delinquency and incarceration rates among youth, we know that the common thing [among] all of these children in troubled youth is they're lacking...a significant relationship with one of their parents," said Elizabeth McNeese, co-chair of the National Parents Organization affiliate in Ohio, an organization focused on promoting shared parenting after divorce.

Some domestic violence organizations in Ohio, however, fear the effects of HB 508 could cause potential risk to children who are already exposed to domestic violence.

"The 10% [of parents] that do go and litigate, the majority of them, there are reports of some kind of domestic violence or family violence," said Danielle Pollack, policy manager at the National Family Violence Law Center at The George Washington University.

Pollack said many of the cases that require court intervention are "high conflict" cases, which more often involve a history of domestic violence. These high conflict cases are the major concern for those in opposition of HB 508.

"We don't want a presumption of 50/50," said Nancy Fingerhood, a member of the National Safe Parents Coalition. "Because these are the cases where you'll end up giving more access to the abuser."

Supporters of the bill argue HB 508 acknowledges not all cases should start with the presumed outcome of shared parenting.

"We recognize, and the bill also recognizes, that there are situations that equal parenting is absolutely not appropriate," McNeese said. "Domestic violence, child abuse, neglect, those are reasons to rebut that equal presumption."

Creech said many parents who litigate child custody cases do so in an effort to fight for equal or increased time with their children. Because child custody battles are often a battle for equal time, supporters of the bill argue HB 508 would help reduce the number of child custody battles overall.

"Good parents should not have to spend 70, 80, 90 thousand dollars just to remain a parent," McNeese said.

Although HB 508 would set a presumed outcome for child custody cases, the bill also explicitly states the factors and scenarios, such as incidents of domestic violence or neglect, that would contest the presumption of equal parenting.

But language in the bill could make it harder for parents to prove domestic violence than it is now.

HB 508 requires the state to raise the standard of evidence for domestic violence in child custody cases, from a "preponderance of evidence" to "clear and convincing" evidence. This would require victims of domestic violence to demonstrate a history of proveable abuse to the judge in order to appeal the presumed outcome of shared parenting.

Creech said legislation similar to HB 508 enacted in other states is having a positive effect on child custody issues and related court battles.

For instance, Kentucky's state House passed HB 528 in 2018.

Since then, "domestic violence is down, child abuse is down, court cases are down 16%," Creech said. "So, if this was a bad bill, we would be noticing it in Kentucky after it's been in place for four years."

However, the Kentucky Coalition Against Domestic Violence said in a statement that there is no direct correlation between a decrease in domestic violence and Kentucky's passing of their 50/50 custody law.

This collaboration is produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.


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Parents Anonymous, part of the nonprofit Raising the Future, just got a grant from the federal government to the tune of $1 million. President Joe Biden recently signed a congressional budget resolution that included the funds, proposed by Congresswoman Judy Chu. Dr. Lisa Pion-Berlin is CEO of Parents Anonymous, which runs the California Parent and Youth Helpline.

"They may be suffering from mental-health issues, behavioral problems in school," Pion-Berlin observed. "Parents have lost their jobs. They can call the California Parent and Youth Helpline 12 hours a day, seven days a week, and join online evidence-based Parents Anonymous groups."

People can call the helpline at 855-427-2736 or go to raisingfuture.org. The funding will support mental health services for the empowerment journey of Asian, Latino, African American and other populations.

Pion-Berlin noted she would love to see federal legislation to fund a national parent and youth helpline modeled after the program in California.

"Mostly the federal government funds crisis lines. Suicide, runaways, domestic violence," Pion-Berlin pointed out. "All important, but that's when people are in the throes of these problems. This is prevention."

The California Parent and Youth Helpline has served more than 32,000 people since its founding in May 2020.

As National Parent Leadership Month draws to a close, advocates are calling on lawmakers - who are writing the new state budget - to fund programs that support families' emotional health.

In January, Governor Gavin Newsom's budget proposal included 4-point-7 million dollars to fund the Parents Anonymous helpline, but the group is asking for double that amount.

Antonia Rios is a California mom who went to work for Parents Anonymous after benefiting first-hand from its counseling service. She's now a senior parent partner and a chair of national and California parent leadership teams with the group.

"The help, support, strength and hope my children and I received changed our lives for the better," said Rios. "We are resilient. The circle of violence has been broken in my family."

Parents and youths can call the helpline at 855-4-A-PARENT or sign up for free weekly online support groups. The Parents Anonymous helpline, run by the nonprofit Raising the Future, has answered more than 1.5 million calls since it was established in May 2020.

Arizona State University teacher and researcher Elizabeth Harris PhD co-authored a study in the journal Child and Health Services Review, that found that the helpline and support groups are making a dent in child abuse and neglect.

"And that evaluation showed that her program substantially reduced the number of parents who ended up in the child welfare system and the number of children who ended up in the child welfare system," said Harris.

The group also helped lobby for an extension of COVID-related paid sick leave. The Legislature has until June to approve the state budget.