Governor signs Rep. Swan bill that equalizes child-custody criteria

A new Missouri law, signed Friday by Gov. Jay Nixon, seeks to create a more equalized approach to child custody and visitation as championed by state Rep. Kathy Swan.

The Cape Girardeau Republican lawmaker crafted the language that made it into the final bill.

"It was my amendment that was added onto a Senate bill," she said.

This marked the second year in a row Swan had sought passage of such legislation. The Missouri Bar opposed the measure the first time. This time, it remained neutral, Swan said.

"I think it did make a tremendous difference," she said of the bar association's stance this time around.

Swan said earlier this year the goal was to make joint custody more of a default setting when a couple goes to court. Often, the father gets far less time with the children, she said during the legislative session.

Swan said most states don't have the custody provision contained in Missouri's new law, patterned after those in Arkansas and Minnesota.

The new law, which takes effect Aug. 28, stipulates no court shall adopt a standardized parenting plan or local rule.

"Some courts have had their own rules," Swan said, adding in many cases they have favored the mothers in child custody.

Swan said the law mandates the office of the Missouri Supreme Court will set guidelines for all judges to follow in complying with the measure.

The law, she said, is designed to maximize the amount of time a child will have to spend with his or her parents.

"We know spending time with both parents is invaluable to a child's growth and security," Swan said. "This law is about the child."

Divorced father and Jackson resident Mike Seabaugh welcomed the new law. Under the law, he said courts should begin any custody proceeding with the assumption parents should share the custody of their children, 50-50. From there, the court can decide whether a different arrangement is justified, Seabaugh said.

Seabaugh has full custody of his two daughters, 16 and 18, but it took him years of court fights to gain custody.

He said the new law is not just for fathers.

"It is not specifically a father's rights bill," he said.

But Seabaugh said in many cases, fathers have been on the losing end of custody cases.

Seabaugh said judges in some areas of the state, including Southeast Missouri, routinely often favored the mothers in such cases.

The new law states judges may not give custody preference to a parent because of gender, age or financial status.

mbliss@semissourian.com

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