Kentucky House Bill 528

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Kentucky House Bill 528 (abbreviated H.B. 528) is a 2018 family law that created a rebuttable presumption that both parents' equal shared parenting time and equal parental decision-making are in the child's best interest. [1] [2] Signed by Governor Matt Bevin on April 26, 2018, [3] [4] it was the first such law for permanent child custody orders passed in the United States. [5] [6] A temporary order aided the law's passage of the shared parenting bill, House Bill 492, passed a year before. The law became a motivator for similar bills to be passed in other states. [7] [8]

Contents

Background

The idea of the presumption law was initiated by the National Parents Organization's (NPO) board member Matt Hale. He spent nearly six years promoting the idea that both parents' equal shared parenting time and decision-making are in the child's best interest in temporary child custody orders. He advocated the concept through several meetings, speeches, and guest columns. [9] [7] Hale contacted Jason Petrie with the idea prior to Petrie's swearing-in. Next, he took the initial draft to Petrie, who became the House Judiciary vice-chair shortly before the bill was heard. The bill was nearly identical to those not passed in 2014, 2015, and 2016. Hale initiated those bills working with his local state representative David Osborne. [10]

Legislative process

The bill was heard by the House and Senate Judiciary Committees, both of whom forwarded the bill favorably. Hale and Ryan Schroeder, then Sociology department chair at the University of Louisville, were the sole non-lawmakers to testify on the law's behalf in both committees. [11] [12] The law was passed by a vote of 81–2 in the House of Representatives and unanimously 38–0 in the state Senate. [6] [13] [14] It was signed by Governor Matt Bevin on April 26, 2018. [2] [15]

Advocates and opponents

The effort to pass the law was primarily sponsored by Jason Petrie along with other co-sponsors, [16] including Jason Nemes, [5] David Osborne, Robert Mills, Kevin Bratcher, Jim DuPlessis, Joseph Fischer, Mark Hart, Kenny Imes, David Meade, Jason Nemes, and Walker Thomas. [17] [2] It was also supported by the African-American state Senator Reggie Thomas and Senator Gerald Neal. [14]

Hale had previously also contacted Schroeder to support HB 492. [11] [12] Schroeder agreed to help with HB 492 and continued his support and relationship with Hale to help secure the passage of HB 528. [5] [14]

Reactions

The law proved popular with Kentucky Democrats and Republicans. [14] According to polling in July 2018, shortly after the law took effect, Kentuckians, in general, approved of the law by a factor of approximately six to one. The polling showed the law was popular across all races and genders. It also appeared to affect the 2018 Kentucky elections benefiting lawmakers who sponsored or voted for the bill. Of the two legislators that voted against the bill, only one, Linda H. Belcher, had a contested election the same year, which she lost. [18]

The law gained nationwide attention, with 22 other states considering similar laws the following year. [7] Kentucky joined Alaska as the only two states with temporary order shared parenting rebuttable presumptions. The Oklahoma lawmaker, Mark Lawson, introduced HB 1276 while calling Kentucky's shared parenting law a motivator. [19] Further, the Fathers Rights Movement designated it the greatest law ever. [8]

Content of the bill

The key change in the custody law is summarized in this passage from the text of the bill:

"There shall be a presumption, rebuttable by a preponderance of the evidence, that joint custody and equally shared parenting time is in the best interest of the child. If a deviation from equal parenting time is warranted, the court shall construct a parenting schedule that maximizes the time each parent or de facto custodian has with the child and is consistent with ensuring the child's welfare." [20]

Under the law, judges must begin each custody case with the presumption that joint custody and equally shared parenting time are best for the children. Seeking to promote healthier family dynamics, the law defaults 50/50 custody arrangements in child custody disputes. This means that if the case is brought to the family law court, it will most likely begin with a 50/50 split of child custody, parenting privileges, and financial obligations. Judges can then consider other factors, such as whether either parent has a history of domestic violence, before deciding whether joint custody is appropriate. [16] [21] The law stipulates if a domestic violence order is being or has been entered against a parent by another parent or child, then the presumption of joint custody will not apply. [9] It also amended the existing law of that time to allow parents who did not have visitation rights or fair parenting time to petition for reasonable visitation rights. [6]

Factors of deviation from the shared parenting arrangement:

Shared Parenting Day

Upon the legal request of Hale, encouraged by Bevin, the Commonwealth proclaimed April 26 as "Shared Parenting Day" to honor shared parenting as a way to encourage children's access to both parents. [9] Hale also chose yellow as the designated color of Shared Parenting Day by referencing the traditional use of yellow ribbons for family reunification. In 2020, at the request of the National Parents Organization's Linda Reutzel, Missouri became the second state to proclaim April 26 as Shared Parenting Day. In 2021, Arizona and Massachusetts followed suit. [8] In 2022, the South Dakota legislature passed House Concurrent Resolution 6003, recognizing April 26 as Shared Parenting Day each year. [22]

Related Research Articles

Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.

Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their child(ren), with equal or close to equal parenting time. A regime of shared parenting is based on the idea that children have the right to and benefit from a close relationship with both their parents, and that no child should be separated from a parent.

The fathers' rights movement is a social movement whose members are primarily interested in issues related to family law, including child custody and child support, that affect fathers and their children. Many of its members are fathers who desire to share the parenting of their children equally with their children's mothers—either after divorce or marital separation. The movement includes men as well as women, often the second wives of divorced fathers or other family members of men who have had some engagement with family law. Most Fathers' rights advocates argue for formal gender equality.

Shared residence, joint residence, or shared parenting refers to the situation where a child of parents who have divorced or separated live with each parent at different times, such as every other week. With shared residency, both parents have parental responsibility. Shared residency does not mean that the time the child spends with each parent must be equal.

Joint custody is a court order whereby custody of a child is awarded to both parties. In the United States, there are two forms of joint custody, joint physical custody and joint legal custody. In joint physical custody, the lodging and care of the child is shared according to a court-ordered parenting schedule with equal or close to equal parenting time. In joint legal custody, both parents share the ability to make decisions about the child, regarding e.g. education, medical care and religion, and both can access their children's educational and health records.

Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.

<span class="mw-page-title-main">Karen DeCrow</span> American lawyer and feminist

Karen DeCrow was an American attorney, author, activist and feminist. She served as the fourth national president of the National Organization for Women (NOW) from 1974 to 1977. She was also a strong supporter of equal rights for men in child custody decisions, arguing for a "rebuttable presumption" of shared custody after divorce. She also asserted that men as well as women should be allowed the decision not to become a parent.

<span class="mw-page-title-main">Family Law Act 1975</span>

The Family Law Act 1975(Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separation, and financial maintenance involving children or divorced or separated de facto partners: in Australia. It also covers family violence. It came into effect on 5 January 1976, repealing the Matrimonial Causes Act 1961, which had been largely based on fault. On the first day of its enactment, 200 applications for divorce were filed in the Melbourne registry office of the Family Court of Australia, and 80 were filed in Adelaide, while only 32 were filed in Sydney.

The National Parents Organization (NPO) is a 501(c)(3) non-profit charitable and educational organization in the United States that promotes shared parenting. The organization focuses on family court reform, research, and public education with the goal to make shared parenting the general norm for separated parenting.

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The fathers' rights movement in the United States is a group that provides fathers with education, support and advocacy on family law issues of child custody, access, child support, domestic violence and child abuse. Members protest what they see as evidence of gender bias against fathers in the branches and departments of various governments, including the family courts.

The fathers' rights movement has simultaneously evolved in many countries, advocating for shared parenting after divorce or separation, and the right of children and fathers to have close and meaningful relationships. This article provides details about the fathers' rights movement in specific countries.

The fathers' rights movement in Australia focus on issues of erosion of the family unit, child custody, shared parenting, child access, child support, domestic violence against men, false allegations of domestic violence, child abuse, the reintroduction of fault into divorce proceedings, gender bias, the adversarial family court system and secrecy issues.

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David Meade is an American politician and Republican member of the Kentucky House of Representatives representing Kentucky's 80th House district since January 2013. His legislative district includes Garrard and Lincoln Counties as well as part of Pulaski County. Meade serves as Speaker pro tempore of the Kentucky House of Representatives, a constitutional office and the second-highest position in the 100-member legislative chamber.

Edward Kruk is a Canadian sociologist and social worker. He has conducted internationally recognized research on child custody, shared parenting, family mediation, divorced fathers, parental alienation, parental addiction, child protection, and grandparent access to their grandchildren. Kruk is an associate professor of social work at the University of British Columbia. He is the founding president of the International Council on Shared Parenting.

<span class="mw-page-title-main">Savannah Maddox</span> American politician

Savannah Lee Maddox is an American politician. She is a Republican and represents District 61 containing Grant County, Gallatin County, and parts of Kenton and Boone Counties in the Kentucky House of Representatives. Maddox is viewed as one of the General Assembly's furthest-right members.

References

  1. ↑ "Kentucky". National Parents Organization. Retrieved January 10, 2023.
  2. 1 2 3 "18RS HB 528". apps.legislature.ky.gov. Retrieved January 28, 2023.
  3. ↑ Graus, Stacey L. (13 June 2018). "Kentucky Legislature Passes New Amendments for Joint Parenting". Adams Law. Retrieved January 10, 2023.
  4. ↑ Suro, Paola (May 14, 2018). "KY law endorses shared parenting after divorce". KGUN 9 Tucson News . Retrieved January 28, 2023.
  5. 1 2 3 Palmer, Sherry (30 April 2018). "What are the legal rights of separated parents in Kentucky? | Fix Family Courts". fixfamilycourts.com. Retrieved January 10, 2023.
  6. 1 2 3 Johnson, Lisa L. (10 March 2019). "House Bill 528 one of the best joint custody laws in nation | Lisa L. Johnson, Attorney at Law". www.ljohnsonfamilylaw.com. Retrieved January 28, 2023.
  7. 1 2 3 Rogers, Alexis (May 15, 2018). "New Kentucky law pushes for equal parenting time after divorce". WLWT . Retrieved January 28, 2023.
  8. 1 2 3 "Fathers' Rights Bills Progressing on Shared Parenting Day". Cordell & Cordell. April 25, 2022. Retrieved January 28, 2023.
  9. 1 2 3 "Kentucky becomes first US state to have Shared Parenting Day". Andrew Henderson. May 30, 2019. Retrieved January 28, 2023.
  10. ↑ "New child-custody law lets Kentucky children win with shared". kentucky.com. April 13, 2017. Retrieved January 28, 2023.
  11. 1 2 Anderson, Mario (November 30, 2018). "New law encourages joint custody and equal parenting time in divorce cases". Spectrum News 1 . Retrieved January 28, 2023.
  12. 1 2 Hale, Matt (May 14, 2018). "Opinion: Shared parenting the best option for children of divorce". The Cincinnati Enquirer . Retrieved January 28, 2023.
  13. ↑ "2019 NPO Shared Parenting Report Card". The official website for the Pennsylvania General Assembly. Retrieved January 28, 2023.
  14. 1 2 3 4 Griffith, Jason (July 19, 2018). "Opinion: Black fathers benefit from Ky.'s new joint custody law". The Cincinnati Enquirer . Retrieved January 28, 2023.
  15. ↑ Adkins, Rachel (August 26, 2018). "Shared parenting law well-received". The Daily Independent . Retrieved January 28, 2023.
  16. 1 2 Yu, Chris. "New Kentucky law encourages equal parenting time after divorce". WPSD Local 6 . Retrieved January 29, 2023.
  17. ↑ "Kentucky HB528 | 2018 | Regular Session". LegiScan. Retrieved January 29, 2023.
  18. ↑ "Huff wins Ky. House of Representative's District 49 race". whas11.com . November 6, 2018. Retrieved January 29, 2023.
  19. ↑ B. Guy, Steven (March 7, 2019). "Morris resident pushing for equal parenting rights biill". thehenryettan.com. Archived from the original on 2023-01-29. Retrieved January 29, 2023.
  20. 1 2 Rosasco, Rob (27 December 2018). "How the New Kentucky Shared Parenting Law May Impact Child Custody Cases". John H. Ruby & Associates. Retrieved January 30, 2023.
  21. ↑ Anderson, Mario (November 30, 2018). "New law encourages joint custody and equal parenting time in divorce cases". spectrumnews1.com . Retrieved January 30, 2023.
  22. ↑ "South Dakota HCR6003 | 2022 | Regular Session". LegiScan. Retrieved 2024-08-12.
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