Area lawmakers weigh in on shared parenting law

Additional information is added to the original story.

Southeast Missouri Republican lawmakers were united in their support last month of the so-called "shared parenting" bill.

Both houses passed the measure overwhelmingly: 114-9 in the state House and 30-4 in the Senate.

The Show Me State thus became the fifth state to greenlight such legislation.

Kentucky, Arkansas and West Virginia each adopted "50/50" parenting laws over the last five years, while Florida's Legislature gave final approval to such a bill on the same day as Missouri.

Barry Hovis

Barry Hovis

Particulars

Assuming Gov. Mike Parson signs the bill, the legislation would change Missouri law by requiring judges to start each child custody case with the presumption that "equal or approximately equal" parenting time for each parent is in the child's best interests.

Opponents suggest the measure could make it more difficult for victims to escape abusive relationships and protect their children.

Currently, judges decide custody cases by weighing the best interests of the child, and the idea that each parent should have "significant," though not necessarily equal, time with the child.

The caveat in the approved bill is a parent can rebut that presumption by presenting evidence a 50/50 arrangement isn't in the child's best interests, and the judge would then consider that evidence.

Jamie Burger

Jamie Burger

Advocacy

In a May 17 statement following the measure's passage, Missouri's chapter of National Parents Organization -- formerly called Fathers and Families -- cheered the General Assembly's action.

Linda Reutzel of Cape Girardeau, who co-signed the statement, is chairwoman of NPO Missouri.

"With this win, there is the creation of a rebuttable presumption that equal shared parenting is in the best interest of the child. This is simply the starting point, as a judge retains discretion when there are factors pertaining to child welfare. This is a small change in law with big implications, as this legislation validates that children tend to fare better with both parents equally in their lives," read an excerpt from NPO's letter.

"The move to shared parenting took nine years, and in that time, all aspects of shared parenting have been well vetted and considered. We respect that Missouri lawmakers take time to consider changes and we worked with them every step of the way."

John Voss

John Voss

Lawmaker remarks

"This was a no-brainer (bill) for me," said Rep. Jamie Burger of Benton, Missouri's District 148.

"Children need both parents for structure and nurturing. As children mature, they will appreciate the importance of their parents. Family gives children a sense of connectedness and well-being. Kentucky's successful, first-in-the-nation, shared parenting law in 2018 laid the groundwork for Missouri. National Parents Organization research and polling made it easy to get behind this legislation," said Burger, a member of House leadership as assistant majority floor leader.

"I agree having both parents in a child's life is crucial," said Rep. John Voss of Cape Girardeau, District 147.

"Children see and learn different skills and traits from each parent. I know I learned important and complementary things from both my parents, as well as my grandparents."

"Barring any abuse issues to children, I think both parents deserve equal time with their children when cases of separation and divorce happen," said Rep. Barry Hovis of Whitewater, District 146, a retired career officer with Cape Girardeau Police.

"There are always exceptions to the rule, but I think it's important that mothers and fathers are involved in a child's growth and development."

Rep. Rick Francis of Perryville, Missouri's District 145, drew attention to the finer points of Brattin's bill by emphasizing the need to examine all evidence in deciding on a parenting arrangement.

"A presumption may be rebutted by looking at the evidence, including an agreement by the parents on all issues related to custody or a finding by the court that a pattern of domestic violence has occurred. The General Assembly urged the court to enter a temporary parenting plan as soon as practicable in a manner that will ensure both parents participate in custody decisions and have 'frequent, continuing and meaningful contact' with their children," Francis told the Southeast Missourian in a text message.

Rep. Herman Morse of Dexter, Missouri's District 151, whose constituency includes southwestern Cape Girardeau County; and Sen. Holly Rehder Thompson of Scott City, District 27; also voted "yes" on the bill.

Morse and Rehder Thompson did not provide comment for this story.

History

Former Rep. Kathy Swan of Cape Girardeau, now a state Labor and Industrial Relations commissioner, recalls a long team effort to get shared parenting past the finish line in Jefferson City.

Swan introduced bills in 2015 on child custody and in 2017 on shared parenting.

"For both bills, we built a strong team of advocates who had personal experience with the issue," Swan told the Southeast Missourian in an email, including an airline pilot from southeast Missouri.

"This team conducted research, developed national contacts and made countless visits to Jefferson City to speak with legislators. The shared parenting bill is a shining example of what can be accomplished by a passionate group of committed people working together to make positive change in government