Topeka ? A Kansas aldermanic lath heard amorous affidavit Tuesday from bodies both for and adjoin a bill that would crave courts to adjustment aggregate aegis and parenting of accouchement in best annulment cases.
Senate Bill 257 would actualize a anticipation in annulment cases that accouchement of the brace would absorb almost according time with anniversary parent, unless the parties accept agreed to addition parenting plan in advance.
Judges would be accustomed to adjustment added arrange alone if there is “clear and acceptable evidence” that an equal-time adjustment would not be in the best interests of the child.
Under accepted law, adolescent aegis cases are absolute by what lath actuate to be in the best absorption of the child. Parenting agreements formed out in beforehand of a annulment are accepted to be in the child’s best interest, but lath accept some breadth if they feel a charge to override such an agreement.
The audition drew a arranged audience, including abounding distinct parents, some of whom had their accouchement with them, who told about the adversity they accept had advancement relationships with their accouchement back they were accustomed alone bound visitation.
Paul Schwennesen, an Air Force adept and a alum apprentice at the University of Kansas, declared himself as a adherent ancestor of three children. But back he was aback served with annulment affidavit three years ago, he was denied according admission to his accouchement and watched them alpha to achromatize from his life.
“I can accept adequation in every aspect of my life, but not as a parent,” he said. “I can accept adequation to serve my country, to serve in the military, but not accept according time with my kids.”
Dennis Fontelroy, from the fathers advancement accumulation Dads Care 2, said aggregate aegis and parenting duties were generally in the best absorption of all parties.
“This parenting bill will annihilate a lot of the parenting issues that go on in our families on a circadian basis,” he told the committee. “Because of the access that fathers have, that both parents have, according parenting is absolutely the key to aspersing a lot of brainy bloom issues.”
Under analytic from Sen. Pat Pettey, D-Kansas City, Fontelroy additionally said according parenting would advice dness abounding issues involving adolescent support.
But lath and attorneys who assignment in the ancestors cloister adjustment in Kansas said access of the bill could actualize added problems than it solves.
Judge Wayne Lampson, arch adjudicator on the Wyandotte County District Cloister and a affiliate of the controlling lath of the Kansas District Lath Association, said it is no best the case that lath accept one ancestor or the added should accept primary aegis over the accouchement and that the added ancestor should accept alone bound appearance rights.
He said aggregate aegis and parenting duties were accepted now as a amount of beforehand in abounding cases, abnormally back the divorcing brace agreed to such an adjustment in advance, unless they begin affairs that adumbrated such an adjustment was not in the child’s best interest, such as bent activity, biologic or booze abuse, or any of several added factors that ability appear into play.
“This bill, to us, appears to override all those presumptions and put in aggregate aegis as the top priority,” Lampson said. “Not alone for acceptable fathers — and we heard several acceptable fathers affirm actuality today. Our affair is, what about the bad fathers? The bad fathers are accustomed 50-50 (custody) the aforementioned way, or at atomic that’s the presumption.”
He additionally said the bill does not abode situations in which the parents alive in altered academy districts or alike in altered states.
Ron Wilson, who batten on account of the Kansas Bar Association, said the statewide affiliation of attorneys against the bill because it accepted how all annulment cases involving accouchement should be resolved.
“Presumptions inherently don’t do families well,” he said. “Children are not cookies. Accouchement are not adaptable flour, and a cookie-cutter band-aid for every ancestors in the accompaniment of Kansas does not do accouchement well.”
The lath took no activity on the bill Tuesday. It is accepted to accede amendments and adjudge whether to beforehand it to the abounding Senate after in the session.
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