Thread by @SarahUnsicker

The history of this bill is almost as egregious as the policy this bill espouses.

Pushed through #MoLeg at the last minute with no discussion, the bill puts the desires of parents and the interests of abusers above those of kids. This will create more traumatized children. 🧵

https://twitter.com/MO_Independent/status/1668589029967941632

FIRST, the procedure.

There were quite a few family law bills filed and debated this session. Most of them were pushed by a group called Americans for Equal Shared Parenting.

(I'm going to do nested threads here, so this will start the legislative procedure discussion.)

SECOND, the policy and consequences.

Of all the family law bills filed and discussed, this is the only bill that passed. And this bill makes things worse for kids, not better. I'm going to do nested threads here, so this will start the policy discussion.)

The negotiated language would have changed the standard that is the "best interest of the child", which is the legal standard that courts use to determine custody.

It would have made it easier for courts to deny custody to an abusive parent.

With either bill, though, there is a presumption that equal parenting time is in the best interest of the child. This can only be changed by an agreement (what abusive parent would agree to less time?) or with a hearing.

At a hearing, the judge would use the preponderance of evidence standard, first to determine that equal parenting time is not in the best interest of the child.

So. Now, an abused parent, or a parent who is trying to shield their child from abuse, would have to go to trial to prove that it is not in the child's best interest to spend half their time with the abusive parent.

Common sense would make people think this would be easy. But how do you prove abuse? It is usually the word of one parent against the other. Abuse is often not physical, and even when it is, it is often not seen.

And it is easy to make the effects of abuse look like mental illness. That the abused parent is "making it up" and "trying to withhold custody."

I have been told that parents in contested custody situations are either "mentally ill or on drugs."

In fact, mothers often lose custody when they allege the father is abusive. (gift link.) wapo.st/3CsTzy0

So, a presumption (that is not supported by research) that 50/50 custody is "in the best interest of the child" really is saying that what the parents want is best for the child.

I could go off on a whole new tangent about how that philosophy is not examined and dangerous.