BISMARCK - New laws might calm custody and visitation fights among North Dakota parents.
That's the hope of legislators and the State Bar Association, who discussed ideas Wednesday at the Capitol.
The Legislature's interim Judicial Process Committee, assigned to study the issue and recommend law changes for the 2009 Legislature, had its first meeting Wednesday.
It heard from Bismarck attorney Sherry Mills Moore that the bar association has a large task force looking at child custody and visitation and is collecting examples of laws in other states that might hold some promise for improving North Dakota's situation.
The ideas include appointment of "visitation expediters" who could quickly help settle, for the short term, disputes such as where the kids are to spend Thanksgiving - when the holiday is mere weeks away.
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"One of the biggest issues you - and we - hear about is how difficult it is to enforce visitation (orders)," she said.
Moore said South Dakota and Minnesota are such expediters.
Other new laws might require parents to file a parenting plan with the court or enact a "primary caretaker presumption" that tips the scales in judges' custody decisions.
But the head of a joint custody and shared-parenting initiated measure said all that's needed to reduce custody fights is passage of her group's measure.
"I think it is one of the best ideas. It would make things simple," said Deb Vaagen of West Fargo, N.D., chairwoman of the measure committee. "You'd cut down on the load the (court) system is carrying now."
She was not at Wednesday's meeting.
Vaagen's measure would add to state law wording mandating courts "award joint legal and joint physical custody in divorces and separations when requested by either parent" unless one parent is determined to be unfit "by clear and convincing evidence." It would define joint physical custody as equal physical custody "or any written time-sharing agreement agreed upon by the parents."
The measure is similar to one defeated last year, but does not address child support, as the previous one had.
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Vaagen said the bar association is not considering shared custody laws other states already have, and its task force won't include measure supporters in its discussion.
"It's a one-sided deal, is what it is," she said.
Moore said the task force will take public comment at a November meeting in Fargo, with time, day and place to be announced later.
Cole works for Forum Communications Co., which owns the Herald.
