HCS HBs 185 & 281 Murphy, Jim Committee
HCS HBs 185 & 281 -- CHILD CUSTODY ARRANGEMENTS
SPONSOR: Murphy
COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Judiciary by a vote of 12 to 0. Voted "Do Pass" by the Standing Committee on Rules- Legislative Oversight by a vote of 4 to 2.
The following is a summary of the House Committee Substitute for HB 185.
This bill creates a rebuttable presumption that it is in the best interest of the child for the court to award equal or approximately equal parenting time to each parent. The presumption can be rebutted by a preponderance of the evidence to the contrary of all relevant factors, as specified in the bill. The presumption can also be rebutted if the parents have reached an agreement on all issues related to custody or as otherwise required by statute.
The bill also declares that the fact that a parent sends his or her child to a home school shall not be a sole factor a court considers when deciding custody of the child.
The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.
PROPONENTS: Supporters say that this makes a presumption when it comes to the best interests of the child and it makes it so it is equal for both parties. Most people will say that is how it works in the courts today but that is not always the case. This revises the definitions of abuse and neglect and case law has determined that what happens is based on definitions and what Chapter they are in, it makes sense to modify the Chapter on domestic relations. There should not be a presumption that the mom is the one who should get primary custody. Passing this bill will inform family law that equality under the law is the way to go and it is consistent with the Missouri Constitution. This would free up docket time so people don’t constantly have to go to court to get custody arrangements. Children want and need meaningful parenting time with both parents, as it affects self esteem and confidence. This would keep both parents actively involved with their children and would result in more secure and happy children. Even if judges are already giving equal parenting time, this is the perfect opportunity to codify that. It should not matter what county you live in or how much money you have in the bank. This does not take away the judges’ discretion. Shared parenting is the best scenario, second only to an intact family. The true best interest of a child is equal access to both parents and how effective can a parent be if he or she only gets six nights a month. There is not a goal to subject children to abuse or neglect but, barring that, the best interest of a child is time with both parents. In states that pass laws like this, domestic disturbances drop, and crime stats drop. Both parents need access to the child as a starting point.
Testifying in person for the bill were Representative Murphy; Americans for Equal Shared Parenting; Linda Reutzel; Mark Ludwig; Americans For Equal Share Parenting; and Kenneth Rosa.
OPPONENTS: There was no opposition voiced to the committee.
Written testimony has been submitted for this bill. The full written testimony and witnesses testifying online can be found under Testimony on the bill page on the House website.