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Minutes for SB257 - Committee on Judiciary
Short Title
Creating a presumption of child's equal time with parents during court determinations of legal custody, residency or parenting time.
Minutes Content for Tue, Jan 30, 2018
Chairman Wilborn opened the hearing on SB257 - Creating a presumption of child's equal time with parents during court determinations of legal custody, residency or parenting time. Jenna gave an overview of the bill and answered questions from the committee. (Attachment 4)
The Chairman indicated each conferee should hold comments to four minutes unless time has been relinquished to another conferee.
Senator Fitzgerald made opening comments on SB257 as the sponsor of the bill.
Senator Faust-Goudeau spoke in favor of SB257 citing examples of fathers who are providing financial support for children while having no rights to visitation. (Attachment 5)
Representative Eric Smith offered support for SB257 speaking of his personal experience and indicating he believes current statutes contributed to difficulties in establishing equal access to his children. (Attachment 6)
Representative Mary Martha Good supported SB257 from her experience as a teacher, emphasizing the importance of having both parents involved in parent-teacher interaction. (Attachment 7)
Vicky Kaaz offered support for SB257 commenting that she believes current statutes increase conflict in the divorce process as each parent works to gain as much access as possible to the children. (Attachment 8) (Attachment 9) (Attachment 10)
Will Mitchell cited his personal experience in supporting SB257 asking committee members to consider the detrimental effect current statutes have on children across the state. (Attachment 11)
Paul Schwennesen spoke in favor of SB257 indicating he has been able to gain close to equal access to his children in spite of the current system, not because of it. (Attachment 12)
Craig Tuttle supported SB257 speaking of the benefit he has found in having shared parenting time in spite of the amount of conflict in his relationship with his former wife. (Attachment 13)
Dennis Fontelroy asked the committee to support SB257 citing his experience as first a single father and then as a non-custodial parent. He believes an increase in shared parenting time will have a positive influence on the mental health issues of Kansas children. (Attachment 14)
Chairman Wilborn pointed out written testimony in support of SB257 submitted by:
Eric Bosley, concerned citizen (Attachment 15)
Ron Holm, concerned citizen (Attachment 16)
Terry Brennan, Kansas Leading Women for Shared Parenting (Attachment 17)
Tyler Kauer, concerned citizen (Attachment 18)
Maura Gathers, concerned citizen (Attachment 19)
Victor McDow, Jr., concerned citizen (Attachment 20)
Brian Mull, Kansas Child Support Guidelines Advisory Committee member (Attachment 21)
Richard Heckler, concerned citizen (Attachment 22)
Beth Anne Heckler, concerned citizen (Attachment 23)
Proponents answered questions from committee members.
Judge Wayne Lampson spoke against SB257 expressing his concern that the mandate of the bill seems to override practices in place for determining what is in the best interests of the children. (Attachment 24)
Judge William Mahoney opposed SB257 stating the goal is to impact the lives of the children as little as possible. He expressed concern that the presumption of the bill would not work for the best interests of the children when both parents are not able to parent well. He suggested the possibility of changing the language from a mandate to a statement of preference to maximize the time of both parents.(Attachment 25)
Ronald Nelson offered clarification of current Kansas law in his opposing comments on SB257. He expressed concern that the bill tries to offer a "cookie cutter" solution to issues that require individual attention. (Attachment 26)
Charles Harris provided a background in the history of family law as it has developed in response to cultural changes over the past forty years. He opposes SB257 and supports the use of the list now in place to help courts determine the best interests of the children. (Attachment 27)
The opponents answered questions from committee members.
Chairman Wilborn pointed out written testimony in opposition to SB257 submitted by:
Honorable Keven O'Grady, District Judge, 10th Judicial District (Attachment 28)
Dorthy Stucky Halley, Director of Victim Services, Office of the Attorney General (Attachment 29)
Diana Schunn, Executive Director, Child Advocacy Center of Sedgwick County (Attachment 30)
Kelly Young, social worker and addiction counselor (Attachment 31)
The Chairman noted written neutral testimony on SB257 submitted by:
Dr. Linda Nielson, Professor of Education, Wake Forest University (Attachment 32)
Trish Thomas, Director of Child Support Services, Kansas Department of Children and Families (Attachment 33) (Attachment 34)
Chairman Wilborn closed the hearing on SB257.
The meeting was adjourned at 12:11 p.m.
