PHOENIX – A parents' rights group rates Arizona one of the top states for policies that encourage shared parenting in child custody cases.
The National Parents Organization recently issued a report card on family court policies that gave more than a third of U.S. states a failing grade for not giving both parents equal access to their children.
Ginger Gentile, the group’s deputy executive director, says NPO gave only two states – Arizona and Kentucky – a grade of 'A' for statutes that promote shared parenting.
"Most states are still failing their children by not ensuring that parents have equal access as the default,” she points out. “This means parents have to go to court to fight to see their children, or if they cannot afford to go to court, they might lose out on access altogether."
Gentile says the group promotes joint custody arrangements, where both parents have equal standing in raising children after a separation or divorce.
She says Arizona lawmakers acted several years ago to change state laws, making shared custody one of the first options in separation or divorce cases.
"Arizona was the pioneer, passing a law in 2012 that was an act in 2013, that says judges have to maximize the parenting time between both parents after divorce and separation," she states.
Gentile says that because each family is different, other arrangements might be appropriate in some divorce cases.
But she adds lawmakers should see shared custody as a starting point for families, not just an afterthought.
"The research shows this is what kids need, and polling also shows this is what people want,” she stresses. “Kids should have equal access to their parents. So, the problem is with the state legislatures, not society."
Gentile says historically, states have defaulted to sole custody, often forcing the family to go through the financial and emotional cost of a custody battle.
The National Parents Organization, founded in 1998 as the Foundation for Fathers and Families, focuses on family court reform, with a goal of making shared parenting the norm in all states.
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Virginia's General Assembly is taking up a bill to address outcomes for kids in foster care.
Previous legislation either failed to pass or was watered down in favor of further research on the issues. House Bill 893 would require Virginia's Judicial Council to adopt new standards for attorneys to qualify to represent parents in child dependency cases.
Valerie L'Herrou, deputy director of the Center for Family Advocacy at the Virginia Poverty Law Center, described the impact it can have on families.
"When parents have better legal representation, the children achieve their permanency goal faster," L'Herrou pointed out. "On average, four months faster."
She pointed out the faster turnaround can reduce state foster care operation costs. Typically, Virginia spends $305 million annually on foster care. Most opposition to previous bills has subsided, in light of state research about the extent of the issue. The bill passed the House of Delegates and has been referred to the Senate Committee for Courts of Justice.
With more than 5,000 children in foster care, L'Herrou argued now is the time to act. She added if this bill passes, it could serve as a springboard for future improvements to the system.
"I think this will start giving judges information that they need in order to effectively decide cases," L'Herrou emphasized. "When a case goes to court, you're hearing from both sides, and if you only hear from one side, then you're getting an incomplete picture."
The bill would also raise the rate of compensation for attorneys taking such cases. In the meantime, L'Herrou stressed programs are providing parents with sufficient legal representation. The Family Preservation Project has been filling the gap by taking what she calls a "holistic approach" to family separation cases.
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During February, which is National Parent Leadership Month, the nonprofit Parents Anonymous is celebrating the successful launch of the new National Parent and Youth Helpline.
The Helpline has received more than 19,000 calls in its first few months. On Saturday, the group cut the ribbon on its new headquarters in Pasadena.
Rep. Judy Chu, D-Calif., spoke at the event, saying National Parent Leadership Month is the perfect time to reassure families they are not alone.
"It is a time for them to learn that there are resources available," Chu noted. "You can change your life around and feel better yourself, but also help your children live better lives."
Parents Anonymous created National Parent Leadership Month 30 years ago. The nation's 174 million parents and young people who need emotional support can call or text 855-427-2736 or live-chat 24/7 on the website.
Antonia Rios, chair of the national and California parent leadership teams for Parents Anonymous and a mother of seven, said she overcame decades of trauma with the help of counselors at Parents Anonymous.
"Parents Anonymous has provided me the emotional support so that I felt safe to open up," Rios explained. "I didn't feel judged, or revictimized. I felt like I could talk about what it was like for me, and then move past it."
The federal Administration for Children and Families recently awarded Parents Anonymous a five-year, $10 million grant to launch and operate the National Parent and Youth Helpline.
Disclosure: Parents Anonymous contributes to our fund for reporting on Children's Issues, Family/Father Issues, and Social Justice. If you would like to help support news in the public interest,
click here.
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Wisconsin is among the states without a defined formula for deciding alimony payments through divorce court proceedings.
A new report says without that predictability, some people might not be getting a fair shake.
Custody X Change, an online firm that helps families navigate divorce, is out with a new analysis of alimony laws across the country.
The company's Managing Editor Shea Drefs said only about a third of states have a formula on the books.
The remaining states, including Wisconsin, essentially give judges discretion to sign off on an amount without a guideline.
Settlement agreements often take shape beforehand, but Drefs said that's not always the case.
"If you can't reach an agreement, because many people who are divorcing aren't on super great terms," said Drefs, "and they go to a judge and they say, 'Okay, you decide what should the alimony amount be.' If that's you going in, you have no idea what to expect."
Drefs said this can be especially problematic for those who can't afford an attorney to guide them through negotiations.
The report also notes that of the states that do have a formula, only 10 have guidelines for how long payments should continue.
The authors recommend implementing policies in states where there are none, and for ongoing assessments of existing formulas.
Drefs said in cases where someone isn't able to secure fair terms, whether that's the person receiving the payments or the other half responsible for them, it can have a lasting effect.
"Having bad alimony arrangements can have an impact on each of the ex-spouses," said Drefs, "on their children - and it can have ripple effects."
That might include housing instability or other forms of financial hardships.
Drefs said while existing guidelines can help a judge make a decision, there's still flexibility to consider traditional factors, such as income levels for both spouses, their ages, and the length of the marriage.
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