CHARLESTON, W.Va. – A bill approved by the House of Delegates on Monday would make child custody 50-50 in divorce cases in West Virginia.

The bill, HB 2363, states that just a preponderance of evidence of incompetence, neglect, or abuse, as defined in the State Code, would change joint parenting. The decision would be made in what is known as a “full adversarial trial”.

Danielle Walker

After a long debate, the House of Representatives passed Law 68-31 and sent it to the Senate.

Del. Danielle Walker, D-Monongalia, said she had heard from her constituents who were concerned about the provisions of the bill.

“I heard moms and I heard daddies and I heard the discrimination and the prejudice that this was a crazy dad’s bill,” Walker said.

Del. Geoff Foster, R-Putnam, spoke out in favor of the bill. He said that 50:50 custody gives children the “best possible chance” to get through a difficult situation.

Geoff Foster

Del. Barbara Fleischauer, D-Monongalia, said it would be great if everyone could share custody, but that is often not possible. Fleischauer said she was concerned the determination would make the divorce even more difficult because of the controversial hearing.

“You have to prove that your child is at risk. Do you know what this has to do with divorce? You have to prove that your baby’s parents are a monster, ”said Fleischauer.

Foster said the state of Kentucky passed a similar bill in 2017 and reported better statistics in domestic situations. Foster said most children want time with both parents.

Barbara Fleischauer

“When surveyed, children who lived through this situation as if they were from a home divorced, 70% of them said they prefer 50-50 custody,” said Foster.

Fleischauer said the bill allows revenge to become part of family law.

“You think divorces are bad now? If you have to prove a hazard just think how lazy everyone’s life is going to be, ”she said.