State Senate Judiciary Chairman Jeff Kessler says West Virginia laws do just that - and he's proposed sweeping changes to how courts decide child custody.

But an alliance called the Coalition for Safe Families supports current laws, which it says are best for the safety and stability of children.

Under state law, divorced parents first try to work out a parenting plan. If they can't, a mediator steps in. When that doesn't help, a family court judge intervenes.

Kessler's bill (SB438), co-sponsored by Harrison County Democrat Sen. Joseph Minard, would maximize each parent's time with the children when the proceedings hit that stage, Kessler said.

"The current system is set up to where there's winners and losers," creating more animosity in an already bad situation, said Kessler, D-Marshall.

The problem, Kessler contends, is that men typically work longer hours than women. So when a judge is looking at past patterns, fathers are at a disadvantage.

His proposal would make judges try to give each parent equal time with the kids. Judges would disregard how much time each parent spent with the children during the marriage. Instead, they would consider the parents' "ability and willingness" to do so after the divorce.

"This would give some credit for the time where the dad did work overtime to keep the family intact," Kessler said.

But Sam Hickman, director of the state chapter of the National Association of Social Workers, said there are good reasons why judges look at who spent the most time with the kids.

Judges consider that among many other factors, Hickman said: The child's age, personality, and attachment to each parent.

"The law already allows for the prospect of 50/50 shared parenting if that can be worked out, and if it's in the best interest of the child," Hickman said.

"It might be more important, psychologically, for the child to be placed with the primary nurturer rather than the primary breadwinner. ... There isn't a default, one-size-fits-all kind of approach."

Kessler's and Minard's bill includes many ideas supported by the group Men and Women Against Discrimination, which lobbies for fathers' rights.

"This is many of their thoughts rolled into a bill," Kessler said.

Last year, MAWAD successfully lobbied for a law that penalizes people who make false reports of domestic violence to influence a custody dispute.

The group did not return messages from the Gazette seeking comment.

Advocates for victims of abuse say the bill would limit judges' ability to consider the risk of child abuse or domestic violence when deciding custody. It would require documented evidence from criminal proceedings.

Many domestic violence and child abuse cases are never prosecuted, so evidence does not always exist, said Angie Rosser, spokeswoman for the West Virginia Coalition Against Domestic Violence.

In 2001, the Legislature made significant changes to custody law based on recommendations by the American Law Institute, Rosser said.

"It provides for safety, security and stability for children," Rosser said. "It minimizes disruption as much as possible for children in divorce."

The vast majority of parents work out custody arrangements without court intervention, Rosser said, adding that research has shown a strong correlation between contested custody and a history of violence and child abuse.

Kessler has been meeting with members of the Coalition for Safe Families, and he said he is open to their suggestions. The bill has not been placed on any legislative committee agendas yet.

"I'll be happy to alleviate any legitimate concerns that they have about this," Kessler said.

Reach Alison Knezevich

at alis...@wvgazette.com

or 304-348-1240.