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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An interim North Dakota legislative committee this week got an update from state leaders on potential moves to reconnect kids in foster care with their biological parents if a court order is at play.

The North Dakota Department of Human Services presented findings to the interim Juvenile Justice Committee about this option, based on the views of legal minds around the state, including the North Dakota Supreme Court.

Cory Pederson, the department's director of children and family services, noted that about one in four kids in the foster-care system has no legal connection to his or her biological parents because a court determined it wasn't in the child's best interest to be in their custody.

"These are children that their parent rights are terminated, there's no adoption pending, there's no family that's come forward and said, 'We would like to adopt this child,'" he said. "They are basically the North Dakota orphans of the state."

Twenty-two other states have laws that create pathways to restore these rights, and Pederson said they reviewed some of them in gathering findings. Study leaders recommend North Dakota pursue a statute that would include waiting at least 12 months after a final termination order for a petition to proceed. Foster family shortages are cited as a driving factor for these laws.

One committee member questioned if the local state's attorney in the initial case would still be involved if there was reason to oppose the petition for reinstatement. Pederson assured the panel that would be the standard approach.

"A judge will make that determination at the hearing," he said, "but the state's attorney is going to be paramount in that process."

In the suggested framework for a North Dakota bill, another provision would block rights from being restored if sexual abuse had occurred or the parent in question has been convicted of conduct that resulted in the substantial bodily injury or death of a minor.


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With Father's Day behind us, an expert pointed out today's dads are more involved in their children's lives, leading to enhanced parent-child relationships as well as better overall mental wellness for entire families.

Brandon Eddy, assistant professor of couple and family therapy at the University of Nevada-Las Vegas, said dads want to be more than just breadwinners or a disciplinarian. They want to be involved in all aspects of child-rearing, which provides both parent and child a more enriching experience.

"We've realized what it is like in society when people talk about having 'daddy issues,' or when they had an absent father," Eddy observed. "They talk about all the struggles of that, but the inverse is also true. 'What if I have a really involved father? Who is warm and affectionate and dependable and there for me?' All the benefits that come from that."

Eddy pointed out children who have involved and affectionate fathers are more likely to be engaged in school, be more social and less likely to have issues with drug abuse or engage in criminal activities. Simply put, fatherhood is changing. Dads are spending about eight hours a week on child care, about three times more than they provided in the 1960s, according to the Pew Research Center.

Eddy stressed in order for dads to take care of children to their best ability, they also have to take care of themselves. He argued it is paramount for parents to take the time to attend to their physical and mental-health needs. He added while new mothers can experience conditions such as postpartum depression, anxiety and obsessive-compulsive disorder, so can new dads.

"So many of the things about new parenthood we associate with mothers, and that is great because moms need help and they need our support," Eddy noted. "But I always say at the same time, moms are only half of parents, right? Dads are the other half."

Eddy emphasized dads need help too, and encouraged people to look at fathers as complete parents. He invited people to challenge their conventional understanding of what masculinity is. Assertive, direct and strong are some of the words some may subscribe to dads but Eddy added men should also be given the chance to be kind, warm and affectionate.


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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.