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.


get more stories like this via email

As the opioid crisis continues, more New Hampshire grandparents are seeking financial help to raise their grandchildren.

Already struggling with the emotional loss of their own child to an overdose, grandparents are often taking in multiple grandchildren, who struggle with physical and mental health challenges of their own.

Denyse Richter, founder and executive director of Step Up Parents, a group helping caregivers cover immediate financial needs, said grandparents are helping both their families and their communities.

"If these kids can get a better start and live in a loving home and keep the family connection, it is the next best thing," Richter explained.

Richter pointed out an estimated 12,000 grandparents are raising their grandchildren as New Hampshire continues to experience some of the highest rates of drug overdose deaths in the country.

Step Up Parents was formed in 2018, after Richter saw her own friend struggle with the daily challenges of raising grandkids. Since then, Step Up has helped more than 500 families with more than 800 children cover unexpected medical bills, car payments and more.

Richter called the grandparents "unsung heroes," who never expected to be caring for children in their golden years, especially on fixed incomes.

"I think that just means so much," Richter emphasized. "To let them know that they're not alone, and that we do get that this is really difficult and we want to help."

While New Hampshire has dealt with the full force of the opioid crisis, Richter noted it is also considered a model for other states in helping families experiencing this crisis get the resources they need.

With the holiday season already underway, she added it is important to show these families and caregivers just how much they are appreciated.

Many parents complete their families through adoption, and November has been the month to encourage awareness, recognize those still waiting to be adopted and celebrate those who have grown through the process.

About 20 families finalized their adoptions at St. Louis County Family Court this year in Missouri, while more than 75,000 in 400 communities did so nationally.

Julia Hampton, a Missouri Walmart employee and adoptive parent, said it is important to look at the benefits offered by businesses when growing your family through adoption.

"Look into the programs available through the company you're employed with, because it may be they have a program set up to reimburse you for legal fees for the adoption," Hampton recommended. "Then you still get a bonding time, to just spend some one-on-one time with them."

Walmart ranks 46th on the Dave Thomas Foundation for Adoption's annual ranking of the Top 100 Adoption-Friendly Workplaces. It's also in second place for the "Best Impact Breakout," among companies with more than 1,000 employees providing the most financial reimbursement for adoption to the largest number of workers.

Alyssa Harp and husband Jason Harp finalized a rare adoption of older teens at a Michigan Adoption Day ceremony this year. Alyssa said growing her family with the two teen brothers has been rewarding and fulfilling.

"Their hearts are good. They want a family. They bring so much to our lives. They're such good siblings," Alyssa explained. "We're just really excited to be able to help them have a safe place to become amazing adults."

Rebekka Krul, adoption specialist for Legacy Adoption Services, said National Adoption Month is a time for awareness of the many children in foster care waiting for their forever families, which should not end when the month is over.

"You don't have to be rich or married, or you don't even have to have a house," Krul pointed out. "As long as you have a safe space and you have love in your heart for kids, we'll welcome you."

Nationally, more than 113,000 children are waiting to be adopted from foster care. They include more than 12,600 in Missouri.


get more stories like this via email

CORRECTION: The funding source for this program is federal. An earlier version indicated that Montana state tax dollars were funding it, which is not the case. (9:20 p.m. MST, Oct. 30, 2023)


The state of Montana has allocated nearly $1 million to help settle domestic cases before they ever get to court.

The Montana Family Transition Project is for couples who are separating and have children. The program offers mediation, a formula for calculating child support, and legal advice for parents who need a parenting plan as part of their family law case.

Saumya Thomas, program coordinator for Montana Legal Services, explained that a mediator is a neutral third party trained to help people reach an agreement - and stay out of court.

"We take on a range of cases," she said. "We've worked with high-conflict parties who've been in court for a long period of time, and we've been able to shorten that process by going through mediation. Or we also just take really simple cases that can just take three to four hours of mediation time."

The family mediation program costs the state more than $944,000, but is free to couples who qualify. One or both people in the relationship must have incomes at 200% of the Federal Poverty Line.

The program is being funded with leftover federal COVID relief dollars. Thomas said it will save the state money in reduced court expenses, since it will keep many of the higher-conflict cases from winding up in court. That should drastically reduce judicial costs and save judges' time. She added that it is also designed to keep both partners and their children safe.

"If there's any domestic violence involved, they will make sure that the party is as comfortable as possible," she said. "It's their choice whether they participate at all and mediation can stop at any time. It's helpful for Montanans, and I think it gives them a lot more choices moving forward."

The family mediation program also offers self-help resources and other services. Applications are online at mtlsa.org.