A Victory for Children

During the Legislative Session in 2003 our radar screen caught a bill introduced by Representative Mary Beth Green of Conway. It hit the screen because it was very good for children who were subject to custody hearings. With little support the bill passed the House and committee of the Senate and was sent to the Senate floor for vote. Unfortunately, the Regular Session came to an abrupt close with a big battle over the General Improvement Fund, a fund we refer to as the “Arkansas Pork Barrel” and the court mandated school funding issue. Rather than work it out they decided to quit and settle matters later in special sessions. Everything in process including Representatives Green’s Bill died on the spot.

To further trouble the matter, Rep. Green was term limited and the special sessions, which were to follow, were limited to school issues only. The long wait began for those children needing this bill. It would be two more years before it could be brought up again.

Brought up again it was. This time it was house bill number HB1029 and by none other than Representative Rick Green, the freshman, husband of Mary Beth. The bill easily passed the House and with the exception of a little concern in Senate committee was recommended with a “Do Pass” and sent off to the Senate. With no “Nay” votes it passed, was signed by the Governor and is now Act 80 of 2005.

What makes this so special? Let me give you the title; “An Act to allow the court to consider the preferences of the child when awarding child custody or visitation privileges in a divorce or other proceeding”. Consider this for a minute. Until now, while most children in such circumstances are appointed an attorney to represent their best interest it was all adults making a determination on custody and visitation issues. The child had no say regardless of age or competence. Can you imagine, being in sound mind and body having two or three attorneys and a Judge deciding your fate in any matter and not be allowed speak up for yourself. Prior to this bill that is exactly what was happening even to 16 and 17 year old adolescents. Now the Judge, if he or she decides the child is competent, regardless of age, can take testimony from the child and consider that testimony in making a decision.

Now for the great part of this story. This victory for children came about after a case in NW Arkansas where there was a good Dad, a good Mom and a very competent adolescent. The problem was that even though the child wanted to be with the Mom, a previous court had awarded custody to the Dad, based mainly on the fact that the Mom lived out of the jurisdiction of the court. In a subsequent hearing for change of custody, the attorney for the child stated it was in the child’s best interest to be with the Mom, the Dad was doing a good job, the child was good at school and in general there was nothing wrong. The Judge could not cite any evidence to change the prior courts ruling. Where everything is equal and the child is competent the Judge could have changed custody based on the child’s testimony had this law been in effect. So how did this all happen? Mom took up the fight and got the first bill introduced and fought for its passage for the two plus years never quitting. She contacted everyone including us.

As for our part, we were glad to help where we could, as it is what we do. Our soon to be shredded files include notes from slightly over 390 emails, phone calls and meetings on this bill over the past 25 months. Not just for this family and not just for this child, but because it was the right thing to do. With all that, I doubt it would ever have been done without the love and compassion of a Mother who never gave up. Working together for children is what it is all about.