PIERRE, S.D. -- More than a dozen states, including South Dakota, don't require a judge to factor in a child's preference when making custody decisions, according to a new analysis of these laws.

The report was issued by CustodyXChange, which develops software for people managing custody issues. The company's managing editor, Shea Drefs, said they've looked at a range of policies in the United States to make sure parents are fully aware of legal requirements in their respective state. The latest findings showed that in 13 states, a child's preference doesn't have to be considered if the court makes a final custody decision.

Drefs cited two conflicting viewpoints at the heart of the matter.

"I think everyone would probably, to some extent, agree that it'd be nice for a child to have a say in their life," she said, "but then also, it's understandable that we don't want to have the child in the middle of the custody battle."

She said those are factors South Dakota judges have to keep in mind, and they still have the option of taking a child's preference into account, even if they don't have to. Two neighboring states, Montana and Wyoming, also are among the 13 states that don't have the requirement.

For any states that do require a child's input, it's allowed only when the child is considered mature enough to have a reasonable opinion. The report said most states don't provide age-specific guidance, no matter what custody laws they have on the books. Drefs said South Dakota judges are in that group as well.

"In some cases, they might listen to what the child has to say, and others they might not," she said. "And probably, age will be one of the things they look at. But the law in South Dakota doesn't have any guidance."

She said the goal of the report isn't to advocate for any law changes, but provide more clarity for parents and legal professionals. In South Dakota, one of the more recent attempts to update child-custody laws happened earlier this year, when supporters pushed a bill focusing on equal physical custody. That bill failed in the state Senate.


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A new study found an association between what researchers are calling the biological age of sperm and reproductive success.

While age is considered a major factor for women thinking of becoming pregnant, it is not often considered in male reproductive health, because men continually produce sperm throughout their lives.

Dr. Rick Pilsner, professor of obstetrics and gynecology at Wayne State University School of Medicine who led the study, said chronological aging -- or the normal passage of time -- does not always capture the aging process of the sperm.

"Chronological age does not take into account the intrinsic [makeup of] your genes and how they function," Pilsner explained. "As well as external factors such as environmental exposures, smoking, diet."

Pilsner reported initial findings showed a new measure, referred to as a "sperm epigenetic clock," could be a way to predict biological fitness of a person's sperm, and thus could be useful in predicting reproductive success. He noted the study was largely conducted among a white population, and said a more diverse cohort is needed to validate the results.

Pilsner added researchers think the sperm epigenetic clock could eventually be offered commercially to couples trying to start a family.

"This could inform clinical decisions on how long it may take to get pregnant naturally," Pilsner suggested. "And could inform people going into infertility treatment at an earlier stage, rather than waiting a year or two and having an unsuccessful pregnancy."

Pilsner pointed out the study found smoking is associated with a higher biological age. The next steps are finding out what other factors do, from chemical exposures to diet and exercise. He stressed another big question is whether epigenetic aging can be reversed, so men can be part of trying for a pregnancy in the healthiest way possible.

Hispanic groups are coming together to encourage people to have end-of-life conversations with their loved ones before illness or tragedy strikes.

The Hispanic Heritage Foundation and the National Hispanic Council on Aging are teaming up with the nonprofit Compassion & Choices to get people talking about end-of-life planning, hospice, life support, medical power of attorney, and medical aid-in-dying.

Dr. Yanira Cruz is president and CEO of the National Hispanic Council on Aging.

"The reality is that Latinos oftentimes do not take care of advanced directives, for example," said Cruz, "so they get to a point where decisions have to be made and there are no directives written or signed by them. "

California is home to more than 15 million Latinos, almost 40% of the population - with more than 1.2 million age 65 or older.

Antonio Tijerino is president and CEO of the Hispanic Heritage Foundation. He said Latinos celebrate those who have passed on Dia de los Muertos, but many are uncomfortable talking about death beforehand.

And yet, he said, it's a must, especially since so many in the community have succumbed to COVID, and Hispanics are less likely than other groups to have health insurance.

"We're dealing with these end-of-life issues at a higher scale than others," said Tijerino. "Yet we're the least likely to have access to resources and information to deal with them."

A report by the American Hospice Association found that Latinos are less likely than white families to use hospice, but may be more likely to need it.

A free End-of-Life Decision Guide Toolkit is available in English and Spanish on the Compassion & Choices website.

CORRECTION: Article updated to include comment from the Kentucky Coalition Against Domestic Violence. (6:30 a.m. EST. April 21, 2022)

By Halena Sepulveda at Kent State University
Broadcast version by Mary Schuermann reporting for the Kent State-Ohio News Connection Collaboration.

The passing of a bill currently making its way through the Ohio Legislature would change the way the court system handles child custody cases by making a shared parenting agreement the new presumed outcome.

Around 10% of Ohio child custody cases involve court intervention. Under current state law those cases have two possible outcomes: with sole custody assigned to one parent, who is then considered the residential parent and has the power to make decisions on behalf of the child; or with a shared parenting agreement that considers each parent a residential parent, giving them both the authority to make decisions about their children. Presently neither option is considered the default outcome in the eyes of the court.

If passed, House Bill 508 would allot equal residential time to both parents as the default. In order to argue for sole custody, parents would have to demonstrate clear and convincing evidence a shared parenting agreement would not be in the best interest of the children.

The bill "had 59 co-sponsors when we signed it, which is unheard of," said Rep. Rodney Creech, R-West Alexandria, who introduced the bill in December along with Rep. Thomas West, D-Canton.

H.B. 508 had its third hearing before the Legislature's Civil Justice committee on Apr. 5.

Ohioans in support of HB 508 argue that children do best when both parents are involved in their lives, and that children raised in single-parent households face a higher risk of the negative impacts of instability.

"When it comes to teen violence and teen pregnancy and drug abuse and delinquency and incarceration rates among youth, we know that the common thing [among] all of these children in troubled youth is they're lacking...a significant relationship with one of their parents," said Elizabeth McNeese, co-chair of the National Parents Organization affiliate in Ohio, an organization focused on promoting shared parenting after divorce.

Some domestic violence organizations in Ohio, however, fear the effects of HB 508 could cause potential risk to children who are already exposed to domestic violence.

"The 10% [of parents] that do go and litigate, the majority of them, there are reports of some kind of domestic violence or family violence," said Danielle Pollack, policy manager at the National Family Violence Law Center at The George Washington University.

Pollack said many of the cases that require court intervention are "high conflict" cases, which more often involve a history of domestic violence. These high conflict cases are the major concern for those in opposition of HB 508.

"We don't want a presumption of 50/50," said Nancy Fingerhood, a member of the National Safe Parents Coalition. "Because these are the cases where you'll end up giving more access to the abuser."

Supporters of the bill argue HB 508 acknowledges not all cases should start with the presumed outcome of shared parenting.

"We recognize, and the bill also recognizes, that there are situations that equal parenting is absolutely not appropriate," McNeese said. "Domestic violence, child abuse, neglect, those are reasons to rebut that equal presumption."

Creech said many parents who litigate child custody cases do so in an effort to fight for equal or increased time with their children. Because child custody battles are often a battle for equal time, supporters of the bill argue HB 508 would help reduce the number of child custody battles overall.

"Good parents should not have to spend 70, 80, 90 thousand dollars just to remain a parent," McNeese said.

Although HB 508 would set a presumed outcome for child custody cases, the bill also explicitly states the factors and scenarios, such as incidents of domestic violence or neglect, that would contest the presumption of equal parenting.

But language in the bill could make it harder for parents to prove domestic violence than it is now.

HB 508 requires the state to raise the standard of evidence for domestic violence in child custody cases, from a "preponderance of evidence" to "clear and convincing" evidence. This would require victims of domestic violence to demonstrate a history of proveable abuse to the judge in order to appeal the presumed outcome of shared parenting.

Creech said legislation similar to HB 508 enacted in other states is having a positive effect on child custody issues and related court battles.

For instance, Kentucky's state House passed HB 528 in 2018.

Since then, "domestic violence is down, child abuse is down, court cases are down 16%," Creech said. "So, if this was a bad bill, we would be noticing it in Kentucky after it's been in place for four years."

However, the Kentucky Coalition Against Domestic Violence said in a statement that there is no direct correlation between a decrease in domestic violence and Kentucky's passing of their 50/50 custody law.

This collaboration is produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.


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