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TABLE OF CONTENTS
Volume I: The Work of the South Dakota Coalition for Shared Parenting
The South Dakota Coalition for Shared Parenting
SDCSP Board of Directors
Steven Mathis, President - Bio
SDCSP Articles of Incorporation
Mission Statement, Priority Goals
HB 1302(2002) Discussed
Editorial 7/22/02 New Rules Address Visitation Conflicts
Editorials in Response
Q & A : Rebuttable Presumption of Joint Physical Custody (October 2002)
Senate Bill 60 Information - E-mails - Letters
The Truth is For the Best Interest of Our Children - SB 60 (2/7/03)
Example of Adverse Nature of SD Custody Laws
Looking at Parenting Time and Child Support
Is Money The Primary Issue to Deny a Shared Parenting Bill in South Dakota? You Decide.
Addressing Offended Party Regarding “Big Bucks” and the “Divorce Industry”
News Articles, Editorials on SB 60 - A Shared Parenting Bill
Letters or E-mails on the Reality of our “Custody System”
Letters or E-mails Sent Regarding SB 60
Senate Bill 60
Drafted Legislation 12/14/02 - Used To Begin Process
Original SB 60
Testimony in Support of SB 60 - Senate Committee - Steve Mathis, President (Includes Handouts)
Amended SB 60 - After Senate Passed
Testimony in Support of Amended SB 60 in House Judiciary Committee - Steve Mathis (includes Handouts)
SDCSP Preferred Shared Parenting Legislation
Letter to Honorable Arthur L. Rusch (11/16/00) and Testimony presents to First Judicial Circuit judges regarding changing Standard Guidelines
Grant Application for Access and Visitation Programs - May, 2000
SDCSP Grant Application: Including Letters of Support
Testimony Presented 5/23/00 to Members of the Visitation Enforcement Task Force
Letter to Honorable Steven L. Zinter (May 28, 2000)
Letter to Honorable John Bastian, Chairman of the South Dakota Visitation Enforcement Task Force
House Bill 1144
Information From Other State Statutes Used as a Basis for HB 1144 - January, 2000
Letter Sent to Senate Affairs Committee - 2/17/01 in Support of House Bill 1144 (as originally written
Original House Bill 1144
Enrolled HB 1144 and 3/8/01 Veto Letter by Governor William J. Janklow
Volume II: Research and Information Supporting Shared Parenting Law
Erma Bombeck: When God Made Fathers
General Research and Information
Excerpts from Father Facts: Fourth Edition, Wade Horn (Current Assistant Director of U.S. Health and Human Services) 2002
Excerpts from Father and Child Reunion, Warren Farrell 2001
Roger M. Baron (1999) Cases and Materials on Family Law (reference)
South Dakota Law Review: Child Custody Determinations in SD - Roger M. Baron
Other Resources Reviewed
Reference C thru F Supporting Change in Custody Laws
Compilation of Research in Support for Shared Parenting, Steve Mathis, 2003
Compilation of Research in Support of Shared Parenting, Steve Mathis, 2000 (some resources dated)
Editorial by Dr. James Dobson on Critical Role of Fathers (June 19, 2002)
Specific Research and Information on Shared Parenting
Excerpts from Trandisciplinary Play-Based Assessment, Toni W. Linder (1993)
CRC: Children in Joint Custody Do as Well as Children in Intact Families, Milly Hejtmanik, 2002
APA Press Release: Children Likely to Be Better Adjusted… 2002
Robert Bauserman (2002) Child Adjustment in Joint-Custody vs. Sole-Custody Arrangements
Kelly & Lamb (2000) Using Child Development Research to Make Appropriate Custody and Access Decisions for Young Children
Warshak (2002) Commentary and Response to Articles in Previous Issues: Who will be There When I Cry in the Night?
Solomon & Biringen (2001) The Continuing Debate over Overnight Visitation
Lamb & Kelly (2001) The Continuing Debate over Overnight Visitation - A Rejoinder
Gould & Stahl: The Continuing Debate over Overnight Visitation: A Response to Kelly and Lamb
Karp & Karp - MMPI: Questions to Ask
Papers of Support for Shared Parenting
U.S. Commission on Child and Family Welfare (1996). Parenting Our Children: In the Best Interest of the Nation
John Guidubaldi (1996) Minority Report of U.S. Commission on Child and Family Welfare - Parenting our Children: In the Best Interest of the Nation
Bill Harrington (1996) Minority Report of U.S. Commission on Child and Family Welfare - Parenting our Children: In the Best Interest of the Nation
Summary of Research supporting Shared Parenting (date unknown)
Non-Custodial Parents Participate in Their Children's Lives: Executive Summary (Author/date unknown)
Information in Support of Shared Parenting and Fatherhood
ABA Journal (2003) Dads Want Their Day: Fathers Charge Legal Bias…William C. Smith
The Washington Times (2002) Divorced fathers snap under pressure
Testimony HB 1302 (Judge Max Gors, Representative Bill Peterson, Representative Matthew Michels)
Stephen Baskerville. (2002) The Politics of Family Breakdown.
PACE (Parents and Children for Equality) Newsletter (November, 2002) Don Hubin, Director, Columbus , Ohio
USA Weekend (2000) Children of Divorce: 25 Years Later. A landmark new study...(Judith Wallerstein) written by Hara Estroff Marano.
Information from Erickson Mediation Institute (Minnesota)
Editorial: Roger Baron - Noncustodial Parents Need Better Visitation Laws. (1999)
Stephen Baskerville: The Politics of Family Destruction. Crisis Magazine, November 2002
Sarah Rupp: Sharing Custody. PrairieLaws
Children Rights Council: Parenting After Divorce: Success Stories 2002
Editorial: Steve Mathis: Fathers Must Be Factor In Raising A Child. Yankton Press and Dakotan 1999.
Shared Parenting for Separated Families, Canadian 1996
Dr. A. Jayne Major: Creating a Successful Parenting Plan When Families Divide. BetterDivorce.com 2000.
Barriers to Shared Parenting (author/date unknown)
American Academy of Matrimonial Lawyers (AAML): Stepping Back from Anger (date unknown)
Tony Zizza (2000) Are Fathers Disposable? Atlanta Journal-Constitution
Elaine Wilson (2000) Parallel Parenting Stops the Bleeding. Oklahoma
Walter Kern (2000) Is Divorce Bad for Kids? Time Magazine.
Editorial: Al Knight (Denver Post Columnist): Fatherhood Is Too Often Being Given Short Shrifts in Courts.
Editorial: Roger M. Baron. (1999) Argus Leader - Domestic Violence
Sean Fine (1999) Child Development More Affected by Parenting than Social Class. The Globe and Mail
Editorial (1999) Kathleen Parker: Divorced Fathers Ready to Wage a Revolution. Orlando Sentinel
Editorial: Steve Mathis 1999: Both Parents Are Needed to Nurture Growing Child. Yankton Press & Dakotan
Editorial: Kathleen Parker 1999: Ignoring Roots of At-Risk Kids Is Just Plain Stupid. Orlando Sentinel
Editorial: Kathleen Parker 1999: Protests of Good Dads Deserve A Hearing. Orlando Sentinel
Stuart Miller & Rich Zubaty 1995. Reuniting Fathers With Their Families. Washington Times.
Donna Laframboise 19998. Odd Man Out. National Post.
Children Rights Council (CRC). Effects of Fatherlessness (U.S. Data) date unknown
Research #1 (compiled by Steve Mathis) 2000
Children Rights Council 2000. Family Facts: Congressmembers Find Children Do Better with Dads and Moms in their Lives.
Editorial: Kathleen Parker (1999) A Father's Best Gift? His Presence. Orlando Sentinel
Wade Horn (Now Assistant Director - U.S. Health and Human Services) 2000. Excerpts from: Rethinking Fatherhood: Legal, Social and Economic Perspectives.
Father Fact for Today. Author and date unknown.
Deborah Johnson (1997). Father Presence Matters; A Review of the Literature. National Center on Fathers and Families.
Volume III: Legal and Law Issues
Legal Support Summary, Politics, Kids Rights
Steve Mathis (2003). Legal Support for A Presumption of Joint Physical Custody
Steve Mathis (2003). Why Are the South Dakota Standard Guidelines Parenting Schedule Considered Outdated?
Editorial: Al Knight, Denver Post Columnist (2002). A Good Bill Was Ambushed.
Parents and Children For Equality (PACE) 2002: Federal Court Certifies Constitutional Question
Children Rights Council (2002) Family Facts: Legislatures and Four Governors Take the Lead in Promoting Shared Parenting
Michael Oddenino (1996) Putting Kids First: Children's Bill of Rights.
South Dakota Oath of Attorneys, Legislators and Officers.
Relevant Case Law, Statutes Reviewed
Roger M. Baron (1999) Cases and Materials on Family Law for the South Dakota Lawyer: 4th Edition
Relevant Statutes in Domestic Relations (SD)
South Dakota Constitution
Supreme Court of the United States: TROXEL ET VIR. V. GRANVILLE, October 1999.
U.S. Constitution Amendments: I - XXVII
International Bill of Human Rights (1948)
Chuck Evans (2003) Proposed Statute with Constitutional Compliance for All States
Parents and Children for Equality (2000). The Constitutional Rights of Parents: Nearly a Century of Consistency in the U.S. Supreme Court.
Don Fischer (2001). Parenting As A Fundamental Right.
Parental Rights and Due Process
Donald C. Hubin (1999). Parental Rights and Due Process. Published in the Journal of Law and Family Studies, University of Utah School of Law.
Primary Caretaker Theory and Best Interest of Child
Ronald K. Henry (1994). The Primary Caretaker Theory: Backsliding to the “Tender Years” Doctrine.
Dean Hughson (date unknown): In the Best Interest of the Child. Fathering Magazine.
Richard Cohen (2000). The Best Interest of the Child. Washington Post
Shannon Dean Sexton (2000). A Custody System Free of Gender Preferences and Consistent with the Best Interests of the Child. Kentucky Law Journal
Visitation Schedule Reviews
Marsha B. Freeman (2001). Reconnecting the Family: A Need for Sensible Visitation Schedules for Children of Divorce. Whittier Law Review
Mark D. Matthews (1999). Curing the “Every-Other-Weekend Syndrome”: Why Visitation Should be Considered Separate and Apart from Custody. William and Mary Journal of Women and the Law.
Standard Guidelines: Delaware, Indiana Counties, Ohio - 1 county
Volume IV: Custody Laws in Other States And Supporting Documents
What About Custody Laws in Other States
Actual Statutes (brief) of 11 states and DC.
Alaska Relevant Statutes
Colorado Relevant Statutes
Child Custody Summary
Summary of Domestic Law Reform Legislation signed 5/16/2000.
Maine Relevant Statutes
Michigan Factors in Deciding Custodial Arrangements
518.17 The primary caretaker factor may not be used as the presumption in determining the best interests of the child.
Minnesota Relevant Statutes
Missouri Relevant Statutes
Missouri allows Joint physical custody and prohibits the denial of such solely for the reason that one person opposes it.
Oklahoma Relevant Statutes - Equal Access
Tennessee - Legislative Accomplishment Summary
Minimal Visitation Guidelines - 150 days
Texas Custody FAQ - Family Law Advisor
Texas Child Custody Issues - Family Law Advisor
Texas Statute: Chapter 153
Washington Parenting FAQ, DivorceInfo Network Lawyer for Washington, Jennifer Rydberg
Washington State Parenting Act Study Summary
Washington State Relevant Statutes including Notice Requirements and Standards for Parental Relocation
Ronald Henry (1996). The District of Columbia's New “Joint Custody of Children Act”: A Guide for Bench and Bar.
Ronald Henry (1995). Testimony for Joint Custody of Children Act of 1995, District of Columbia
Joint Custody of Children Act of 1995
District of Columbia Parenting Plan form
Ronald Henry (1995) Written Support for “The Joint Custody of Children Amendment Act of 1995”, includes handouts
West Virginia Relevant Statutes Passed 1999
Christopher D. Walther (2000). Wisconsin's Custody, Placement and Paternity Reform Legislation. Wisconsin Lawyer, State Bar of Wisconsin.
Resources for Achieving Equal Placement (2003) Wisconsin Fathers Organization
Wisconsin Petition for Review (2002). Presented to the Wisconsin Supreme Court.
Children Rights Council Newsletter (2000) noting Wisconsin's Adoption of Strong Shared Parenting Law
Wisconsin Family Law Statutes
Ohio Task Force on Family Law and Children (2001). Family Law Reform: Minimizing Conflict, Maximizing Families.
Volume V: Relocation (Change of Child's Residence)
Missouri Statutes on Relocation
Notice Requirements and Standards for Parental Relocation Statute
Relevant Information on Relocation
American Academy of Matrimonial Lawyers (1998). Proposed Model Relocation Act: An Act relating to the relocation of the principal residence of a child.
Susan Smith, Atty (2002). Relocation of Children by Divorced Parents: A discussion of the Problem of Relocation in Connecticut.
Alabama Supreme Court (1999) Ex Parte Monroe
Marion Gindes (1998) The Psychological Effects of Relocation for Children of Divorce. AAML
Gary A. Debele (1998) A Children's Rights Approach to Relocation: A Meaningful Best Interests Standard. AAML
Dale B. Sawyers Law Office (2000). Recent Washington State Developments: Relocation. Family Law Advisor.
Tabitha Sample and Teresa Reiger (1998). Comment, Relocation Standards and Constitutional Considerations. AAML
Barbara Ellen Handschu (1998). The Making of A Model Relocation Act: A Committee Member's Perspective. AAML
Lewis Becker (1998). Ethical Responsibilities of a Lawyer for a Parent in Custody and Relocation Cases: Duties Respecting the Children and Other Conundrums. AAML
Mary Kay Kisthardt & Nancy Levit (1998). The Relocation of Children: An Annotated Bibliography 1988-98. AAML
Edwin J. Terry, et al. (1998). Relocation: Moving Forward, or Moving Backward? AAML
Volume VI: Parent Alienation, Domestic Violence, Child Support
Excerpt on Parental Alienation Syndrome, Compiled by Steve Mathis (Actual articles are available)
Editorial: Steve Mathis (2000), Basis for Editorial, Editorial Response and SDCSP Response to This
Out of Order Transcript (2000) “Chronicle” WCVB TV (Boston)
FalseAllegations.com: Discovery in Divorce (date unknown)
Summary of Amicus Brief for the Case of State of NJ v. Michaels, Maggie Bruck & Stephen Ceci. (date unknown)
Frank S. Williams, M.D. (1990) Preventing Parentectomy Following Divorce
Jennifer Pittman, Daily Journal (1997). A Santa Clara dad accused of abuse wins $43,900 for distress.
Edward B. Borris (1997). Interference with Parental Rights of Noncustodial Parent As Grounds for Modification of Child Custody. Divorce Litigation
Peggie Ward and J. Campbell Harvey (1993). Family Wars: The Alienation of Children. New Hampshire Bar Journal.
J. Michael Bone & Michael R. Walsh (1999). Parental Alienation Syndrome: How to Detect It and What to Do About It. Florida Bar Journal.
Richard A. Gardner, M.D. (2002). The Role of the Judiciary in the Entrenchment of the PAS.
Dr. Richard A. Gardner (2002). Denial of the Parental Alienation Syndrome Also Harms Women
Richard A. Gardner (2001). Misperceptions Versus Facts About the Contributions of Richard A. Gardner, M.D.
Darnall, Douglas (1998) Divorce Casualties (Notes and Excerpts by Steve Mathis
Editorial: Steve Mathis (2000) Article Propels Myths About Male Abuse
PACE Newsletter (2002) Ottawa Judge takes a stand against flawed domestic violence system.
Rueters Health (2002) Men Face Abuse As Often As Women: UK Researcher
ABC News.com (2002) Battle of the Sexes: Spousal Abuse Cuts Both Ways
Murray A. Straus (1999) The Controversy over Domestic Violence by Women, Sage Publications.
Ruth-Ellen Cohen (date unknown) Battered males: A Domestic Abuse Secret.
National Institute of Justice Centers for Disease Control and Prevention (1998). Prevalence, Incidence, and Consequences of Violence Against Women: Findings From the National Violence Against Women Survey. (Editors Note: use extreme caution when interpreting this information from Representative Telephone Survey from Abuse Shelters. Like going into McDonalds and asking who likes fast food.)
PACE Newsletter (2002) Georgia Superior Court Judge Declares State's Child Support Guidelines to be Unconstitutional.
Summary of Georgia's Constitutional Challenge to their Child Support Guidelines (2003)
Honorable C. Dane Perkins (2002) Order Declaring Georgia's Child Support Guidelines Void and Unconstitutional (relevant to Custody too)
Kathleen Parker (2000) Child Support Statistics Stories Misleading. Tribune Media Services
R. Mark Rogers and Donald J. Bieniewicz (2002) Child Cost Economics and Litigation Issues: An Introduction to Applying Cost Shared Child Support Guidelines.
R. Mark Rogers (2001). Why Minnesota's Child Support Guidelines are Unconstitutional.
R. Mark Rogers (2000). Published Studies: Congressional Testimony, and Other Research