From 2017:

More than 20 states in 2017 considered laws to promote shared custody of children after divorce

https://www.washingtonpost.com/local/social-issues/more-than-20-states-in-2017-considered-laws-to-promote-shared-custody-of-children-after-divorce/2017/12/11/d924b938-c4b7-11e7-84bc-5e285c7f4512_story.html

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The guiding principle in custody rulings changed to a more flexible and gender-neutral “best interest of the child” standard, and states overturned previous rules that disallowed joint custody.

But despite changing laws, judges continued to use their discretion to award primary physical custody overwhelmingly to mothers in many places, reflecting a lingering bias, many say.

Fathers’ rights groups and other advocates have worked to make the laws stronger.

Statutes in the District of Columbia include a presumption that joint custody is in the best interest of a child, except in cases of abuse or neglect.

In Maryland, advocates have promoted bills that would create a presumption of joint legal decision-making and equal parenting time, but they have not made it out of committee.

In Virginia, Sen. Barbara A. Favola (D-Arlington) is introducing a bill that would require judges to communicate in writing the rationale for their custody decisions.

This “baby step” might open the door to more joint custody decisions, she said, because a written ruling could give parents something to use for appeals and provide a chance to evaluate whether bias is influencing decisions. Favola said she sees both sides of the issue: She wants to make a statement that children benefit from having two involved parents, she said, but she also believes that the existing “best interest” legal standard makes sense, since joint custody is considered best practice unless there are mitigating circumstances.

Paasch, who has been advocating for a stronger shared-parenting law in Virginia, said he believes that judicial bias played a role in his custody case. When the Air Force veteran and federal employee was separated a decade ago, he was afraid he would lose a connection to his son, then a year old.

He and his son’s mother could not agree on a custody arrangement, so they went to court, where Paasch asked for primary custody. A court-appointed investigator tasked with representing the interests of his child recommended equally shared custody.

A judge in southern Virginia instead gave primary custody to the mother and granted Paasch visitation, he said.

He appealed and in a settlement worked out an agreement to have physical custody for almost half the time.

Today, he talks with his son almost every day and has physical custody about 30 percent of the time, when his son has breaks from school. The son now lives out of state with his mother the rest of the time.

Maintaining close contact and being involved in important decisions has required frequent court intervention. If the laws had given fathers more explicit rights, he believes, the process would have been less contentious.

“It took us eight years and eight or nine times in court and about 15 attorneys to get to this point,” said Paasch, who has since married and whose wife, Kristen, has become involved in advocacy for shared parenting.