North Carolina Lawmakers Introduce Comprehensive Shared Parenting Bills
With bipartisan support and sponsorship, North Carolina lawmakers in both the House and Senate have introduced bills to support shared parenting. These drafts, which were filed in April 2023, are the most comprehensive shared parenting bills to date in North Carolina. The introduction of these bills prove that lawmakers recognize that children of separated and divorced families deserve equal time with both of their parents.
Ashley-Nicole Russell, an author, attorney, and member of the National Board of Directors for National Parents Organization, is a major proponent and supporter for Senate Bill 576 and House Bill 735, both entitled “An Act Establishing a Presumption of Joint Custody and Shared Parenting.” She worked as part of the advisory and advocacy work to get these proposed bills to lawmakers who are passionate about this issue.
“This process has been years in the making,” explained Russell. “We worked really hard to unify everyone and get all of the supporters together before bringing this bill to the state legislature. What you'll find in sponsorship is that these lawmakers cross party lines and viewpoints on other political issues because they agree that shared parenting isn’t political. In most cases of separation and divorce, children should have equal time with both parents.”
Senate Bill 576 was filed on April 4 and House Bill 735 was filed on April 18. Drafted with the same intention, the bills in both Chambers rewrite current custody policies to default to shared parenting in cases of separation and divorce when it is in the best interest of the child. Primary sponsors for S576 include Senators Norman W. Sanderson (R-1), Joyce Krawiec (R-31), and Kevin Corbin (R-50). Additional co-sponsors include Jim Burgin (R-12), Bobby Hanig (R-3), and Ralph Hise (R-47). Bipartisan support comes from H735 with Representatives Garland E. Pierce (D-48), Donna McDowell White (R-26), Dennis Riddell (R-64), and Ben T. Moss, Jr. (R-52) supporting the proposed legislation.
These bills come after an independent poll commissioned by NPO in June 2022 with support from Russell’s law firm, AN|R Law: A Negotiated Resolution, showed overwhelming support for shared parenting in North Carolina. According to the poll, 96% of respondents in North Carolina believe it is in the child’s best interest to have as much time as possible with each parent in cases of separation or divorce. The findings of this poll and other topics measured highlighted major support for shared parenting and equal time laws. This information was presented to legislators as advocates used it during meetings and correspondence voicing their support for shared parenting. In addition, in April 2022, NPO sponsored a billboard near the Legislative Building in Raleigh to highlight North Carolina's D- grade on NPO's Shared Parenting Report Card and get the attention of lawmakers and voters. On the busy location of North Raleigh Boulevard, it was estimated to have reached up to 65,000 people per week.
Despite North Carolina’s poor grades in several Shared Parenting Report Cards as well as the much-desired need for change in state law as proven by the Shared Parenting Polling, there is now hope for families. Senate Bill 576 and House Bill 735 offer the change that thousands of parents want and need for their children. The drafted bills change the way custody laws are currently written and provide a presumption for joint custody and shared parenting.
“We are gratified that, increasingly, legislators are educating themselves about the research on shared parenting and child well-being. As they learn more about this, they become supporters of laws promoting equal shared parenting,” said NPO chair, Don Hubin, PhD.
In both bills, a portion of SECTION 1. G.S. 50-13.01 reads as rewritten: "§ 50-13.01. Purposes. It is the policy of the State of North Carolina to: Encourage parental agreements that establish joint custody and shared parenting arrangements under which the child spends as close as possible to an equal amount of time with each parent.”
In Section 2, G.S. 50-13., § 50-13.1. Action or proceeding for custody of minor child (b)(2) is rewritten to reflect: “The development of custody and visitation agreements that are in the child's best interest and equalizes to the greatest extent possible the amount of time the child spends with each parent, giving due consideration to the relevant shared parenting factors of G.S. 50-13.2(a1)”
The last part of the bills add (a1) and (a2) to SECTION 3. G.S. 50-13.2 to define shared parenting, explain the benefits of shared parenting, and describe the relevant factors that the court should consider. The added text reads as follows:
(a1) There exists a rebuttable presumption that joint custody and shared parenting is in the best interest of the child. For purposes of this section, "shared parenting" means the child spends as close as possible to an equal amount of time with each parent. In determining the terms of a shared parenting schedule, the court shall consider all of the following relevant factors:
The wishes of the child's parent or parents as to his or her custody.
The wishes of the child as to his or her custody, with due consideration given to the influence a parent or other custodian may have over the child's wishes. The interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may significantly affect the child's best interests.
The motivations of the adults participating in the custody proceeding.
The child's adjustment and continuing proximity to his or her home, school, and community.
The physical and mental health of all individuals involved.
A finding by the court that an act of domestic violence has been committed by one of the parties against a child of the party or any other parties. The court shall further determine the extent to which the domestic violence and abuse has affected the child and the child's relationship to each party, with consideration given to efforts made by a party toward completion of any domestic violence treatment, counseling, or program.
The extent to which the child has been cared for, nurtured, and financially supported by any party.
The intent of the parent or parents in placing a child with another person, agency, organization, or institution.
The circumstances under which a child was placed or allowed to remain with another person, agency, organization, or institution, including whether a parent seeking custody was previously prevented from doing so as a result of an act of domestic violence, or whether the child was placed with another person, agency, organization, or institution to allow the parent now seeking custody to seek employment, work, or attend school.
The likelihood that a party will allow the child frequent, meaningful, and continuing contact with the other parent, unless the court finds that a continuing relationship with the other parent will endanger the health and safety of the child.
The full Senate Bill and House Bill versions as well as their rewritten portions and current statuses can be viewed on the North Carolina General Assembly website.
“This is a bill for our state, for our country, for the overall message of equality, and to rebuild respect in the family. It all starts with this bill,” added Russell. “With bipartisan support from representatives and senators, we feel confident that this year is the year for shared parenting legislation in North Carolina.”
For Russell, it’s also personal. She is a child of divorce and her experience growing up with parents who didn’t have equal custody has fueled her passion for family law and co-parenting relationships. Through Collaborative Divorce, an alternative dispute resolution process that has been nominated for a Nobel Peace Prize, Russell has made it her mission to change the way divorce is handled in America. (She recently wrote an article for NPO about how Collaborative Law supports shared parenting which you can read by clicking here.)
“When my parents divorced in the 90s, my mom was made my primary parent. The court determined when I got to see my dad and it became clear – even as a young child in elementary school – that even though I wanted to see him, I wasn’t allowed. It has impacted our relationship over the years and I hear this same sentiment from so many other children of divorce who are my friends and clients,” shared Russell. “As a Collaborative Divorce attorney, the process prioritizes parenting plans which presume joint custody. Many of my clients choose to divorce with the Collaborative Process because not only want to keep their divorce out of the court system, but they also want what’s best for their children in terms of co-parenting agreements.”
While North Carolina has introduced bills before that make small modifications to its custody policies, these bills will be the first that address the presumption of shared parenting and also become incorporated into the language of North Carolina’s General Statutes. This is just one of many strong and comprehensive bills introduced in state legislatures across the country this year.
According to Hubin, there are now 38 shared parenting bills drafted in 18 states gaining bipartisan support from lawmakers. “Some have an excellent chance of passing,” he added. “We are hopeful that the pace of change will continue to accelerate to ensure that children in all states have their relationship with their fit and loving parents protected.”
“NPO has laid the groundwork for this year to be the year for shared parenting,” explains Russell. “It's been very intentional in how our supporters organize and get boots on the ground. This is not just one effort in one state. This is a countrywide effort with global impact.”
Through various efforts with nationwide awareness and advocacy, NPO is committed to supporting shared parenting laws across America. The country’s first shared parenting law at the state level was passed in Kentucky on April 26, 2018. Spearheaded by NPO with the help of dozens of volunteers and support groups, the law made 50/50 custody presumed or considered for children whose parents are separated or divorce. In addition to Kentucky, shared parenting laws were passed in Arkansas in April 2021 and West Virginia in March 2022. In honor of the progress across the country, NPO is hosting International Shared Parenting Day on April 26, 2023.
“Enacting legal presumptions of equal shared parenting is only one part of our mission to reform the norms of separated parenting to ensure that parental separation doesn't lead to parental deprivation,” said Hubin. “NPO is committed to educating judges, attorneys, and other court professionals, as well as parents, about the benefits of equal shared parenting.”
To learn more about NPO and our mission to promote shared parenting and reform family court systems across the country, we invite you to visit our website where you can help by donating, fundraising, volunteering, and advocating.
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The overarching goal of National Parents Organization (NPO) is to promote shared parenting by educating parents, divorce professionals, and legislators and by reforming family courts and laws in every state. NPO focuses on advocacy and research leading to systemic reform of the family courts. The organization does not provide legal aid or advice on individual cases.