Question of the Month
July
2006
Do states in the
Midwest have statutes in place that encourage shared parenting?
According to the nonprofit Children’s
Rights Council, most states have statutes that promote shared
parenting, or joint custody, including the majority of states in this
region.
Some statutes outline specific custody
preferences, as in Kansas, where the courts are directed to
consider, as a first option, joint custody. "The court may place
the custody of a child with both parties on a shared or joint-custody
basis," the statute reads. "In that event, the parties shall
have equal rights to make decisions in the best interests of the child
under their custody." The law also has provisions giving the
court discretion to determine whether a parent is suitable.
State laws help guide the courts with
their custody award decisions. For example, Minnesota law says,
"The court shall use a refutable presumption that upon request of
either or both parties, joint legal custody is in the best interest of
the child." The court must consider whether or not the parents
have the ability to cooperate while rearing their kids, among other
factors.
Current law in Wisconsin assumes
that joint custody is in the best interest of the child. Legislation
introduced this year aimed to "equalize periods of physical
placement to the highest degree possible with both parents" and
remove "legal obstacles for modifying existing physical placement
orders." The legislation passed the Assembly but never made it
out of the Senate.
An effort to put a shared-parenting
initiative on the November ballot is under way in North Dakota.
The measure would entitle each parent to joint custody unless he or
she is "declared unfit based on clear and convincing
evidence."
Some states also are now allowing
courts to grant "virtual visitation," which can be employed
by judges when geography separates parents who are awarded joint
custody. Examples of virtual visitation include the use of Web cams
and instant messaging. Utah was the first state to pass "virtual
visitation" legislation, and has been followed by Wisconsin and
Missouri.
More information on virtual-visitation
statutes is available at www.internetvisitation.org.
For more information on shared-parenting statutes, visit www.gocrc.com/research/legislation.html.
For
more information on this or any other public policy issue, please call
630-925-1922 or complete the online
form for research services.
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