Jul 31, 2025 – USA Advances Equal Shared Parenting

A NEW ERA FOR FAMILIES: EQUAL SHARED PARENTING ADVANCES ACROSS THE U.S.A.

The National Parents Organization has released its 2025 Shared Parenting Report Card, and the findings are truly encouraging. In the US, ten states have made significant strides towards implementing a rebuttable presumption of equal shared parenting, prioritizing the well-being of children in separated families.

It’s time for Canada to follow suit and prioritize the best interests of its children. The science is clear: equal shared parenting leads to better outcomes for kids in every aspect of their lives.

With the US making progress, Canada can’t afford to fall behind – it’s time to join the movement and put children first.

Five states have enacted rebuttable presumptions of equal shared parenting: Kentucky, Arkansas, West Virginia, Florida and Missouri:

Arkansas 2021

Second state (after Kentucky) to enact an explicit rebuttable presumption that “joint custody is in the best interest of the child” (A.C.A. § 9-13-101(a)(1)(A)(iv)(a)).

West Virginia 2022

Created “a presumption, rebuttable by a preponderance of the evidence, that equal (50-50) custodial allocation is in the best interest of the child” and also stipulated that, when the presumption is rebutted, courts shall “construct a parenting time schedule which maximizes the time each parent has with the child and its consistent with ensuring the child’s welfare” (W. VA. Code §48-9-102a).

Florida 2023

Enacted a rebuttable presumption of equal shared parenting. Florida law now contains “a rebuttable presumption that equal time-sharing of a minor child is in the best interest of the minor child” (FLA. STAT. § 61.13(2)(c)1.).

Florida law further specifies that a “court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child” (FLA. STAT. § 61.13(2)(c)2.)

Missouri 2023

Enacted rebuttable presumption of equal shared parenting – “[t]here shall be a rebuttable presumption that an award of equal or approximately equal parenting time to each parent is in the best interests of the child (MO. REV. STAT. § 452.375.2).

Five states made lesser but still hugely significant steps toward promoting shared parenting.

Minnesota

As a result of National Parents Organization’s work with the American Academy of Matrimonial Lawyers and Minnesota State Bar Association, Minnesota enacted a statute that strengthens its policy statement on shared parenting and creates a new mechanism for enforcing parenting time orders that requires expedited hearings, presumptive compensating time for the children with the aggrieved parent, and a presumptive fine for the violating parent (MINN. STAT. § 518.175.6).

New Hampshire

As a result of NPO’s extensive work with both legislators and shared parenting advocates in New Hampshire, Governor Sununu signed into law HB185, which strengthened the state’s shared parenting laws (N.H. Rev. Stat. Ann. § 461-A:2 & § 461-A:6,I-a).

While the original version of the bill was, unfortunately, amended to significantly weaken it, the new law does require courts to make findings of fact to support their orders when they conclude that approximately equal parenting time is not in the best interest of children.

Oregon

In 2019 Oregon enacted SB318, which explicitly granted courts the power to award equal parenting time.

It further specifies that: “If a parent requests that the court order equal parenting time in the parenting plan, the court may deny the request if the court determines, by written findings, that equal parenting time is not in the best interests of the child or endangers the safety of the parties” (ORS § 107.102).

Texas

In 2021, Texas enacted SB1936 that increased the standard parenting time order for parents living within 50 miles of each other so that the children have more than 40% of their time in the care of the noncustodial parent (TEX. FAM. Code Ann. § 1153.3171).

Utah

In 2021, Utah enacted SB122, which changed the advisory schedule that is presumed to be in children’s best interest to be “the minimum parent time to which the noncustodial parent and the child shall be entitled” and explicitly allowed courts to order equal parenting time (UTAH CODE ANN. § 81-9-206). In 2022,

Utah enacted SB243, which increased the parenting time for the noncustodial parent in the advisory schedule, established an enhanced optional schedule, and provided a schedule for equal parenting time (UTAH CODE ANN. § 81-9-3, § 81-9-302, and § 81-9-305).

Our Firm’s Approach: At the Gene C. Colman Family Law Centre, we’re dedicated to promoting Equal Shared Parenting and advocating for meaningful parent-child relationships.

If you’re a parent with children in Ontario and you seek to maintain a substantial role in your child’s life, we’re here to help.

Our principal, Gene C. Colman, has been a pioneer in this area since the 1980s, and we’re committed to pushing for legislative change. On a case-by-case basis, we advocate for parents who want to be actively involved in their children’s lives. As Gene C. Colman often says, “To achieve Equal Shared Parenting, the father should not have to prove in court that he is super dad. Simply put, our legal system should mandate ESP for adequate parents. It’s really a no brainer.”

If you’re facing a family law issue related to parenting time or decision-making responsibility, contact us to learn how we can help you navigate the system and achieve a fair outcome for you and your child.

Link to Gene C. Colman’s Equal Shared Parenting Web Page

Link to past issues of the ESP Thought of the Day publication

Sincerely,

Gene C. Colman

Gene C. Colman Family Law Centre

https://www.complexfamilylaw.com

Email: gene@complexfamilylaw.com

Phone: 416-635-9264, Ext. 101