"We know spending time with both parents is invaluable to a child's growth and security," State Rep. Kathy Swan said. "This law is about the child." Swan's comment comes on the heels of a bill she crafted pertaining to child-custody court cases. Gov. Jay Nixon signed into law July 1.
The legislation, which takes effect Aug. 28, eliminates standardization, so courts must now decide on a case-by-case basis what will transpire in a child-custody battle.
Traditionally, mothers tend to find favor in these situations, while divorced fathers have a harder time gaining the right to spend time with their own children. According to Swan, this law will maximize the time a child has with both his parents. The assumption under the new law, from the start of custody proceedings, is that parents will have joint custody -- 50-50 -- not an assumption that a mother has more rights than a father. The court will make adjustments if particular cases merit such adjustments.
This, indeed, is both equitable and long overdue. Parenting is too important to undergo a cookie-cutter approach. Families are not one-size-fits-all, so why should decisions that affect them take such a narrow tack? They should not, and now, thanks to common sense legislation for which Swan fought last year and again this year, they will not.
Divorce is difficult enough for all involved, particularly for children, who often feel stuck in the middle -- ressured to choose where their loyalties lean. This law helps assuage that pressure. As for the courts, their loyalties will lean only in the direction of what is best. And Missouri has wisely decided that what is best is a shared, joint relationship between father, mother and child, inasmuch as that is possible.
Connect with the Southeast Missourian Newsroom:
For corrections to this story or other insights for the editor, click here. To submit a letter to the editor, click here. To learn about the Southeast Missourian’s AI Policy, click here.