Shared parenting bill fails in committee

Date:

By Dana Hess, Community News Service

PIERRE — A bill seeking a presumption that parents would have equal access to their children in a divorce proceeding failed Thursday in the Senate Judiciary Committee.

HB1133 called for a rebuttable presumption in favor of joint physical custody, allowing both parents an equal footing in divorce proceedings. That presumption could be rebutted if one parent failed to be interested in caring for the child or was deemed by the court to be unfit.

Rep. Tamara St. John, R-Sisseton, said passage of the legislation was needed to “make sure that a child has equal access to both parents.”

Currently in society, St. John said, mothers work more and fathers are more involved in the lives of their children.

“It’s not really about going back and forth, but spending more time with both parents,” St. John said.

The belief that children of divorce need stability and one place to call home has been debunked, according to Rep. Tom Pischke, R-Dell Rapids. HB1133 give children the “presumption of equal time with both parents,” Pischke said.

Carleen Wild, representing Leading Women for Shared Parenting, said the legislation ensures that one parent isn’t on unequal footing in a custody hearing.

“I cannot imaging being in this situation,” Wild said of a child being torn between parents. “They feel like a visitor in one home.”

Speaking in opposition to the bill was Dianna Miller, representing the South Dakota Network Against Family Violence and Sexual Assault, who said that the legislation puts equal parenting time ahead of the best interests of the child.

“The best advocate for the child is the judge,” Miller said. “The toughest decision a judge makes is the welfare of a child.”

April LeBeau, executive director of the Missouri Valley Crisis Center in Chamberlain, said shared parenting would lead to more fighting by parents and run contrary to the best interests of the child.

“I’m against putting everyone in the same box,” LeBeau said.

Steven Siegel, representing the South Dakota Trial Lawyers Association, said the law doesn’t need to be changed.

“The process is already in place for shared parenting,” Siegel said. “Every case should be decided on a case-by-case basis.”

Sen. Arthur Rusch, R-Vermillion, a former circuit judge, said he made decisions in hundreds of divorce cases and didn’t believe that HB1133 was a step in the right direction.

“If people want to fight, they’re going to fight,” Rusch said. “I don’t see anything in this that’s going to eliminate the animosity that I’ve seen in divorce cases.”

Sen. Lance Russell, R-Hot Springs, said the bill was needed as a means for fixing a broken system.

“I don’t think the system is currently a fair system,” said Russell, who noted that HB1133 had generated even more email for legislators than the riot boosting bill. “Our system is designed to create litigation and more animosity.”

On a vote of 5-2, the bill was sent to the 41st day of the Legislature, a tactic for killing legislation.

Share post:

spot_img

Related articles

Senate approves riot boosting bill, companion bill offers amendments

By Dana Hess, Community News Service PIERRE — A bill that offers penalties for riot and inciting or boosting a...

Updated texting ban heads for governor

By Dana Hess, Community News Service PIERRE — A ban on most uses of electronic devices while driving was approved...

Offer driver’s license exams in Spanish

By Kelly Hertz, Yankton Daily Press and Dakotan Economic vitality in South Dakota can take many forms — and,...

Noem zoning bill heads for the House

By Dana Hess, Community News Service PIERRE — Gov. Kristi Noem once again personally made her case for SB157,...

Log In

Latest articles

PUC advises to Call Before You Dig

The South Dakota Public Utilities Commission recognizes April as National Safe Digging Month and encourages South Dakotans to...

Plahn vs Jacobson in City Council Ward 2 seat race

The City of Garretson had several seats coming open this election season, though only one seat will be...

Maras takes over as new Minnehaha County Highway Superintendent

By Dave Baumeister, County Correspondent SIOUX FALLS – The “interim” was dropped from his title when Jacob Maras was named...

Garretson School Board approves contracts for McGregor and Hoekman, amends contract of Superintendent Johnson

The Garretson School Board had a Special meeting on Monday, March 31. After two hours in executive session the...

4th Grade Wax Museum brings history to life!

Garretson Elementary 4th graders have been delving into biographical history, and the culmination of their project was a...

ROD announces resignation; commissioners accepting applications for unexpired term

SIOUX FALLS – Minnehaha County Register of Deeds Amanda Halsey has announced her resignation effective July 4.  Elected in...
s2Member®