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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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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