In the words of the popular news column the Atlantic, “Joint custody is a growing reality, but the country’s systems for supporting families aren’t built to accommodate it” (2023). Many states do not have laws that support the option of both parents receiving equal time with their child after separation or divorce, but work is being done to change this. The National Parents Organization has done a deep dive into each state’s child support statutes every couple of years to observe how statutes related to child custody correlate with the option of shared parenting, which allows a child to spend equal time with each parent. They call the results of their analysis the Shared Parenting Report Card, and grade states on how well their laws relate to shared parenting on an A to F scale. The 2014 Shared Parenting Report Card did not show promising results, as no state got an A, with all but 8 states receiving a C or worse. Despite the proven success of shared parenting and the fact that the option is typically in the child’s best interests, the majority of state laws concerning child support did not shed light on the option of shared parenting.
The First Shared Parenting Law in the US
It was only a few years back when the first significant steps were made towards promoting shared parenting. On April 26th, 2018, Kentucky passed the first shared parenting law in the United States, a law which established the presumption that shared parenting time as well as equal parental decision making was in the best interest of the child. In celebration of the one-year anniversary of this statute, Kentucky declared April 26th National Shared Parenting Day, and several states adopted this day as well in support of shared parenting laws. The current states who celebrate National Shared Parenting Day are Kentucky, Arizona, South Dakota, Massachusetts, Missouri, Marylands, and various cities across the United States.
Where We Are Now
Since the passing of this law many states have become more open to shared parenting in their legislation. Just last year, the North Carolina House and Senate introduced bills that the National Parenting Organization describes as “the most comprehensive shared parenting bills to date in North Carolina”. These bills, similar to the law passed in Kentucky, aim to install the presumption of joint custody during divorce proceedings. Below are the current states whose legislature has shown support towards shared parenting:
- Kentucky: HB 492 (2018)
- Arkansas: SB 18 (2021)
- West Virginia: SB 463 (2022)
- Florida: CS/HB 1301 (2023)
- Missouri: SB 35 (2023)
Source: National Parents Organization (2023)
Where We Are Heading
Previously, bills regarding a child’s custody agreement between their parents have generally been one sided. In a majority of states, 50/50 custody of a child is considered but not presumed. Without this presumption, it has often been the case that the child spends a majority of their time in the care of one parent, which results in a strained relationship between the child and the other parent. North Carolina has similarly not recognized joint custody when it comes to separation or divorce, but efforts are being made to change that. Ashley-Nicole Russell, a member of the National Board of Directors for National Parents Organization as well as a North Carolina resident, has played a major part in the filing of Senate Bill 576 and House Bill 735. These bills are aimed towards establishing the presumption of shared parenting after separation and divorce in North Carolina, similar to the bills that the states listed above have already enacted. Supporters of shared parenting believe that this is just the beginning, and are hopeful that in years to come many more states will become adoptive of the option of shared parenting. Legislation that promotes shared parenting will not only benefit the child, but better the lives of the parents as well.
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