Shared Parenting Makes a Summer Splash in Several States

National Parents Organization is tracking major wins and losses in five states heading into summer 2021

(July 14, 2021) - There is major progress for shared parenting and equal parenting rights across America with help from National Parents Organization (NPO) and its state chapters nationwide. While the organization is excited about recent success stories, NPO leaders acknowledge that work still needs to be done in most states across America. This includes presenting more bills to lawmakers, gaining the support of elected officials, and getting them passed by the legislature.

Recently, NPO chair Don Hubin, Ph.D., discussed the latest updates with Chris Batcheller of NPO’s Kansas Chapter. In this conversation, available now to watch on YouTube, the two talk about recent news affecting shared parenting laws nationwide.

The conversation centers around the wins and losses in several states including Arkansas, Texas, Oklahoma, Tennessee, and Missouri.

A Big Win in Arkansas

The strongest equal parenting bill in the nation was signed into law by the Governor of Arkansas in April. Despite some heated discussion, Senate Bill 18 passed on a Senate vote of 33-2 and a 71-16 vote count in the House. It was signed into law by Governor Asa Hutchinson on April 7, 2021 becoming Act 604.

The bill, filed by Sen. Alan Clark (R-Lonsdale) and co-sponsored by Rep. Jimmy Gazaway (R-Paragould) amends the current law from being in favor of joint custody to a rebuttable presumption that joint custody is in the best interest of the child. This requires clear and convincing evidence to overcome the presumption in favor of equal parenting.

“Unlike many states, Arkansas already defined joint custody in a very strong way,” Hubin noted, “as including ‘the approximate and reasonable equal division of time with the child by both parents individually’.”

In most other states, joint custody is not defined as clearly as it is in Act 604.

“There are lots of benefits for the state itself,” said Batcheller. “There’s much less conflict as far as domestic violence goes, you have fewer social services being used up by the state, and of course, it’s better for the children too.”

NPO credits the work of Arkansas Advocates for Parental Equality (AAPE) for making this happen. Hubin says this group’s goals are aligned with those of NPO, specifically serving as a child-focused and research-based organization. AAPE works to establish a presumption of joint custody, eliminate discriminatory laws and practices toward unmarried fathers, and reform the adversarial approach of family courts in Arkansas.

You can read more about the win of SB 18 in a blog post written by Patrick Fraley, MD, on NPO’s website by clicking here. Fraley and his wife, Gina, helped to create AAPE in 2015.

A Win and Loss in Texas

There was mixed emotion in Texas for equal parenting legislation. House Bill 803 was filed by Rep. Mayes Middleton (D-District 23) back in December 2020. While it earned a lot of attention in the media and gained bipartisan support from 22 co-authors, it didn’t move past the Juvenile Justice and Family Issue Committee. You can read more about HB 803 being stalled in Committee by clicking here.

The bill gained so much attention from families across the state, that over 150 women, men, and children showed up to HB 803’s eventual hearing on April 26, 2021. While HB 803 didn’t move forward, there was another bill that flew under the radar. Senate Bill 1936, sponsored by Sen. Bryan Hughes (R-District 1) addresses the parenting time order and what should be considered standard.

“It’s not an equal shared parenting bill. It doesn’t say that both parents have legal custody but it is an enormous jump forward in terms of parenting time which is very important for children’s well-being,” said Hubin.

SB 1936 was passed overwhelmingly by Texas state lawmakers. The bill was signed by Governor Greg Abbott on June 18, 2021 and will become law on September 1, 2021.

New Legislation in Oklahoma

There is a small step in the right direction from the Oklahoma legislature. A bill that changes the language of a previous statute was passed by lawmakers and signed by the Governor. House Bill 1151 amends a paragraph of Oklahoma’s statutes, deleting 13 words and adding 45 words.

Initially, Oklahoma had a policy that stated the state’s legal system encourages shared parenting, provided that the parents agree to cooperate. For parents experiencing a combative divorce, there may not be much to agree on, especially if child custody is a point of contention. HB 1151 changed the language of this statute to allow the court to consider certain evidence to make determination on shared parenting. It also requires courts to publish findings of fact and conclusions of law supporting their decisions after final hearing.

The bill was authored by Rep. Mike Osburn (R-District 81) and overwhelmingly passed both chambers of the legislature with a vote of 85-3 in the House and 45-0 in the Senate. It was signed by Governor Kevin Stitt on May 10, 2021 and will become effective on November 1, 2021.

Hubin wrote a guest column in The Oklahoman on this topic after the Governor signed the bill. In his piece published on May 21, 2021, he wrote, “Despite making some welcome changes to Oklahoma law, HB 1151 isn’t a bill that creates a presumption of shared parenting. All it would take, though, to bring Oklahoma into the select group of equal shared parenting states is a new bill that changes only one word in the statutes: “[i]f requested by a parent, the court may shall provide substantially equal access to the minor children to both parents.” One more change, striking "substantially," would make the Oklahoma law rival Kentucky’s equal parenting law.”

Equal Parenting Bill Altered in Tennessee

A bill that initially supported shared parenting gained momentum in Tennessee, but was then altered, eliminating language in the equal parenting portion.

House Bill 237, sponsored by Rep. Mary Littleton (R-District 78), originally included a policy statement and an equal parenting provision, but those sections were ultimately cut out. Instead, the bill that was passed by lawmakers requires a court to include written findings of fact and conclusions of law to support a custody arrangement or parenting plan, unless both parents have agreed; revises provisions governing kinship foster care program; and revises certain provisions regarding abandonment for purposes of termination of parental rights. It amends Tennessee Code Annotated (TCA) Title 36 and Title 37.

“A bill that just says that a court should assume shared parenting is best when both parents agree to it, is not a shared parenting bill. It’s a ‘deference to parental agreement’ bill and courts should defer to a parental agreement,” explained Hubin. “House Bill 237 started off well, but it got its limbs chopped off.”

HB 237 was signed by Governor Bill Lee on May 4, 2021 and became law on July 1, 2021.

Missouri Bills Fail at the Finish Line

Despite support from state lawmakers in Missouri on both sides of the aisle, House Bill 299 and SB 199 made it through every obstacle and to the Senate Floor where it was blocked from passage by lawmakers doing the trial lawyers’ bidding. Rep. Wayne Wallingford, (R-Cape Girardeau) was the primary sponsor of HB 299 and Sen. Bill Eigel (R-St. Charles) was the sponsor of SB 199.

The proposed legislation would have created a rebuttable presumption in favor of 50/50 custody in all child custody cases, with exemptions for domestic violence victims. It was a broad family law reform bill, which also contained much-needed maintenance reform.

“Getting a bill through the process to die on the Senate Floor, although disappointing, shows that we can and we will reform our runaway court system, but we need to work even harder,” said Linda Reutzel.  “Entrenched trial lawyers in Missouri have a lock on the state and we need to continue to call attention to the dire need for reform. Fortunately, we have a bipartisan coalition of lawmakers who understand this.” Reutzel is the Chair of the NPO Chapter of Missouri and serves on the National Board of Directors.

In Missouri, the effort for presumptive equal parenting legislation has been building for several years. In 2017, Missouri lawmakers were presented with House Bill 724. Senate Bill 645 and companion House Bill 1667 were introduced in 2018. In 2019, House Bill 229 and Senate Bill 14 were introduced. And, the 2020 legislative session saw the introduction of Senate Bill 531 and House Bill 1765. NPO’s efforts to ensure that Missouri children are granted a presumption that both fit parents will continue to be equally involved in their lives following separation will continue until these commonsense measures cross the finish line.

Moving Forward to Achieve Success

NPO is working with its state chapters, volunteers, and other support organizations to continue the momentum and move toward shared parenting progress in states nationwide.

“We’re not giving up and we’ll keep coming back until we get these things done,” said Batcheller.

Advocates plan to return to their state capitals in future legislative sessions to readdress these bills and discuss their futures.

“We’re seeing successes,” said Hubin. “And being close to success means we’re more likely to be successful next time.”

NPO continues to track additional legislative efforts in Florida, Montana, South Dakota, and Virginia. You can help take action to advance legislation and encourage policy changes in your state by voicing your support for equal parenting. Visit NPO’s website learn more about how you can help by donating, fundraising, volunteering, and advocating.

---

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.