Jonathan Ellis

USA TODAY

Some states are reviewing family law as gender roles have converged

Some opponents worry about strict 50-50 custody mandates and say judge%27s need flexibility

Single-parent custody is supported in cases where there%27s history of abuse or substance abuse

A growing number of state lawmakers are examining child custody laws amid a push from advocates who argue that divorcing parents should share equal custody.

Advocates for so-called shared-parenting laws argue that children are better served when they can spend equal amounts of time with both parents. They oppose laws that award custody to one parent, except in cases where there's a history of abuse or substance abuse. Opponents say that judges need flexibility to determine custody arrangements that are in the best interest of children.

"The best interest of the child or children trump the interests of the filing parent," said Tom Barnett, the executive director of the South Dakota Bar Association.

Lawmakers in Arkansas last year passed a law that calls for the "approximate and reasonable equal division of time" of children between parents in divorce proceedings. That represented a reversal of the state's case law, which stated that joint custody was not a favored outcome, said Donna Gay, a staff attorney with the administrative office of the courts.

"It's probably pretty significant, but I don't think enough time has passed so that we know what it's going to do," Gay said.

Elsewhere:

— In Connecticut, the General Assembly created a task force to study family law issues, including whether the state should have a presumption in law that shared custody is in the best interest of children. The task force is scheduled to issue a report Friday.

— The Maryland General Assembly created a Commission on Child Custody Decision Making last year. The commission is scheduled to issue its final report by Dec. 1.

A bill that included alimony reform and shared parenting also passed in Florida last year, but it was vetoed by Republican Gov. Rick Scott. Minnesota Gov. Mark Dayton, a Democrat, vetoed a measure in 2012 that would have increased the minimum amount of custody from 25% to 35%.

There are three major reasons for the increasing interest in shared parenting laws, said Ned Holstein, the founder of the National Parents Organization, a group that supports shared parenting. First, gender roles have converged, and more men are caretakers.

Second, polls show that large majorities of Americans support the concept of shared custody.

Third, the movement has, in part, been fueled by the fact that over the last 30 years, courts have given custodial parents more powers, Holstein said, leaving non-custodial parents frustrated and energizing a backlash.

"This has given rise to more and more people who feel deeply disenfranchised," Holstein said.

Casey Wilson, a divorced father of three, is one of them. The Flandreau, S.D., man has been trying to get state law changed to favor shared parenting.

"I live 15 miles from my kids and I see them four times a month this time of year," he said.

While Holstein said that shared parenting is not for everybody, state laws should reflect that both parents have equality and an ability to work out custodial arrangements. A system where one parent gets custody over another encourages bitterness, he said.

"A lot of divorces are messy simply because the stakes have been made so high."

Holstein is currently serving on a governor-appointed task force in Massachusetts studying family law issues. The group is expected to submit a proposed statute that will represent a "very substantial improvement" in that state's custody laws, he said.

In South Dakota, the state bar association has fought proposals that would have added a presumption to state law that child custody should be split 50-50 between parents. This year, the bar is sponsoring its own shared parenting bill, which would establish statewide guidelines for judges to consider when granting joint physical custody.

Barnett, the executive director, said his group still opposes a requirement that judges award joint custody, but he also said the state needs guidelines for when they do grant joint custody. He thinks 50-50 splits mandated by law would promote conflict between divorced parents, because some would use a "stopwatch" to make sure custody was equal.

"The goal, of course, is to maximize to the extent possible for both parents to maintain a good relationship with their children without a magic formula," he said.

Krista Heeren-Graber, executive director of the South Dakota Network Against Family Violence and Sexual Assault, also opposes mandatory shared parenting. In many situations, one person in a relationship might be the victim of abuse or of power and control by the other person. Often, victims don't ask for restraining orders or have other legal documentation, and thus wouldn't have the ability to fight 50-50 custody award.

"Our concern is always that domestic violence is a consideration when it needs to be," she said.

Ellis also reports for the (Sioux Falls, S.D.) Argus Leader.