Bills would increase shared parenting time

The Judiciary Committee heard testimony Feb. 6 on two bills that would amend parenting plan provisions.

LB212, introduced by Wilber Sen. Russ Karpisek, would require that court-created parenting plans grant each parent at least 45 percent of annual parenting time. Parents requiring sole custody must present evidence to the court.

Karpisek said Nebraska saw more than 6,000 divorce cases in 2010 that involved the custody of children. The father was awarded custody in only 10 percent of the cases, he said.

Children who spend less than 35 percent of their time with either parent suffer more from medical issues, he said, so shared parenting arrangements would provide them better outcomes.

Kearney Sen. Galen Hadley sponsored LB22, which would allow parents to submit an agreed-upon parenting plan in custody proceedings and participate in decision-making that results in maximized parenting time with the child.

The courts would be prohibited from adopting a parenting plan that favors a parent’s or child’s gender.

Les Veskrna, executive director of the Children’s Rights Council of Omaha, testified in support of the bills, saying Nebraska ranks low among states that enable children to live with their families.

“Nebraska leads the nation in the number of children in foster care because of its failure to recognize the importance of shared parenting and keeping children with their families,” he said.

Kristina Guerrero-Sisneroz, a family law attorney in Lincoln, testified in support, saying that Nebraska tends to award mothers custody. Most divorce cases involve two fit parents, she said, but if they do not agree to joint custody the judge must choose between them.

“The dad only tends to win [sole custody] if the mom is unfit or has another issue where the children are not her priority,” Guerrero-Sisneroz said.

Beau Caddell, a divorced father, supported the bills. The current process forces the courts to choose between two fit parents, he said, which causes difficulty for parents who otherwise might get along.

“I have to try and take the person that our child cares about and turn her into a villain to get more time with my child,” he said.

Jennifer Gaughan, representing Legal Aid of Nebraska, testified in opposition to the bills, saying they would require victims of abuse to have the burden of proof in custody cases. Low-income individuals who are in abusive relationships may not be able to afford an attorney, she said, which would put them at a disadvantage.

Adam Astley, a domestic relations lawyer in Omaha, testified in opposition, saying each custody case has a unique set of facts that should be considered. The bills would eliminate the courts’ requirement to conduct a detailed analysis that is used in determining which parent receives sole custody, he said.

Sarah Forrest, policy coordinator for Voices for Children in Nebraska, testified in a neutral capacity, saying joint custody decisions have increased almost 30 percent statewide since 2007.

“We are concerned that the emphasis on parenting time would move the best interest of the children from the central position,” Forrest said.

The committee took no immediate action on either bill.