Minutes after Senate Bill 125, the shared parenting bill, failed on the floor of the Senate, those who remain passionate about equality for children in South Dakota custody cases continued their dedication to someday overcome the bully that is the State Bar Association. The Bar remains the primary opponent to the bill because they claim that children will be placed in unfit situation with an automatic “one-size fits all” 50-50 shared-parent situation. Sadly, the scare tactics they use to persuade senators that children will be placed with drug users, criminals and abusive parents worked.

What they failed to acknowledge is that SB 125 targeted uncooperative parents, a big difference from and unfit parent. The bill would have allowed judges to take away the 50-50 presumption in any case that involves a “bad” or unfit parent.
In South Dakota, the law states that judges can make a ruling in custody when “parents are unable to cooperate.” If the father is uncooperative the mother most likely will acquire physical custody. However, when the mother is uncooperative, courts still rule in her favor because “the parents cannot cooperate and come to an agreement.” Thus, courts use the presumption that was set in the 1970s to give her physical custody unless the father spends thousands of dollars on lawyer fees and court costs to prove otherwise.

Divorce is a huge industry in South Dakota. Parental conflict in divorce is almost encouraged because that gives lawyers more billable hours, making the Bar Association that much more revenue. Don’t be fooled, their interest lies within monetary concerns above children’s welfare. That was very clear when the only opponents of SB 125 to testify during the Sate Affairs Committee were four lawyers, one of whom brought up concerns of lost money in the form of child support. It was not only fathers, but mothers, grandmothers a counselor, a teacher, legislators and a lawyer who testified in favor of shared parenting.

When is enough, enough? It’s time to use current research that proves children need, and want two active parents in their lives. Fathers can influence and give to their children what mothers can’t, and mothers can give to a child that which fathers can’t. That is why shared parenting is the best solution for a child upon divorce.

Troy Wanner,

Dell Rapids, S.D.