New custody law for equal time for dads begins today; some question law's relevance

Missouri’s new child-custody law, which takes effect today, seeks to allow children in divorce cases to have more equal time with mom and dad.

Supporters see the law as helping good fathers get more time with their children, but others question whether it will make a difference.

National Parents Organization spokesman Burton Taylor said the old law “protected inequality” in custody situations, while the new law “encourages shared custody.”

Taylor acknowledged some people going through divorce have a mistaken view of what the law will do.

“It is not a mandate,” he said. “But the sentiment of the law is to give children as close to equal time with both parents as possible.”

Taylor, who lives in Kansas City, Missouri, called the law “a step in the right direction.”

According to the National Parents Organization, the law:

• Creates guidelines for parenting plans that maximize the amount of time the child may spend with each parent.
• Requires courts to disclose why shared parenting wasn’t awarded if another arrangement is ordered.
• Requires courts to provide written findings and conclusions in a custody case, which allows the case to be appealed if a party disagrees with a judgment.
• Specifies that courts can’t presume that a parent, solely because of his or her gender, is more qualified than the other parent.
• Prohibits local courts from establishing their own rules, such as having a default parenting plan.

Taylor said fathers often have been at a disadvantage in divorce cases.

“In most instances, children are placed in the custody of moms,” he said.

Under the new law, supporters said factors such as parents’ work schedules, residence and location of the child’s school would be considered in custody cases.

Cape Girardeau resident and National Parents Organization member Linda Reutzel welcomes the new law, calling it “a wonderful first step on the road toward ensuring that all Missouri children thrive when their parents divorce or separate.”

Reutzel said she discovered when her son was divorced in 2014 how little time some fathers are allowed to spend with their children.

“It is horrendous for the children,” she said.

The new law could go a long way to addressing the inequities, she said.

“Once the law is in place, we hope attorneys and judges will stick to the original intent and act in the best interest of children,” Reutzel said.

The law does not specifically address child support, an often-contentious issue in divorce cases, but according to Missouri law, “the child’s physical and legal custody arrangements, including the amount of time the child spends with each parent” is a “relevant factor” in determining child support payments.

Casey Richardson, who lives in Park Hills, Missouri, is in the middle of a child-support battle with his ex-wife, though he said he has custody of his 5-year-old daughter and 10-year-old son 50 percent of the time. Richardson said he pays $196 a week in child support, which leaves him financially drained.

Richardson is not optimistic the new law will make a difference for many fathers.

“This is just window dressing,” he said of the new law, adding that judges still will make the final determination.

But supporters believe the new law will lead to fairer custody arrangements.

Ned Holstein, founder of the Massachusetts-based parenting organization, said Missouri is one of only a handful of states that has a shared-custody law.

“Too many families have suffered from the family courts’ outdated preference for giving sole custody to one parent,” he said. “Times have changed, but the courts haven’t.”

Allowing for more parents to equally share in custody of their children could eliminate the often “bitter and unnecessary custody battle,” he said.

It also would lead to fewer children dropping out of school, engaging in substance abuse and experiencing emotional problems, Holstein said.

Cape Girardeau attorney Laura Clubb, who handles divorce cases, said, “I represent a lot of dads. They are all very excited about this new law.”

Clubb said the law makes it clear 50-50 custody should be a starting point in court.

“I think it is going to help my male clients,” she said.

Cape Girardeau attorney John Heisserer, who has represented clients in divorce cases, said the vast majority of cases are settled.

The new law “will have an impact on cases that are hotly contested and tried,” Heisserer said.

But overall, he said he doesn’t believe the law will affect most custody situations.

“It is a feel-good law, but it will almost have no impact as a practical matter,” he said. “For the most part, we have excellent judges who make good decisions.”

But Holstein and other supporters contend using 50-50 custody as a starting point could result in quicker settlements and less legal costs.

State Rep. Kathy Swan, R-Cape Girardeau, helped push passage of the new law, which had bipartisan support. The measure passed unanimously in the Missouri Senate. The House passed it 154-2.

Swan said Missouri is “on the cutting edge” when it comes to the new law. The law, she said, prohibits judges from adopting “a cookie-cutter, default custody order or plan.”

Fathers often are given custody of their children one night a week and every other weekend, Swan said. This law could change that situation and allow for more equal time, she said.

Children benefit from having both parents actively involved in their lives, Swan said.

“The goal is to help the kids,” she said.

mbliss@semissourian.com

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