Jason Smith | Support HB1770

Testimony in Support of HB1770 Relative to the Allocation of Parental Rights and Responsibilities and Establishing a Presumption of Equal Parenting Time Chair and Members of the House, My name is Jason Smith, and I am submitting testimony in support of HB1770. This bill does not eliminate judicial discretion. It does not weaken protections for victims of domestic violence. Courts would still retain full authority to issue emergency protective orders and restrict parenting time when credible evidence demonstrates risk. What HB1770 addresses is what happens after an emergency allegation is made. In my experience, allegations alone were sufficient to significantly restrict parenting time at the outset of litigation. Although no finding of abuse was ultimately made, the temporary restrictions became the default framework. Over time, that temporary arrangement solidified into the “status quo.” Once a status quo is created — even if based on precaution rather than proof — courts are understandably reluctant to disrupt it. The concern becomes stability. However, stability built on untested allegations can allow real harm to continue unchecked, while the accused parent bears the burden of disproving claims that were never substantiated. In my case, documented concerns in the other household were overshadowed by initial allegations against me. Because the system had already acted, attention remained fixed on the alleged risk rather than reassessing actual evidence of child welfare. HB1770 would create a simple, fair starting point: a presumption that both parents are fit and that equal parenting time is in the child’s best interest — unless proven otherwise. If credible evidence of abuse exists, the presumption can and should be rebutted. Courts would retain the authority to restrict or supervise parenting time immediately when necessary. But deviation from equal parenting time would require evidence, not merely accusation. This protects: • Children — from long-term structural arrangements based solely on untested claims • True victims — because real evidence will meet the burden • Due process — ensuring that emergency measures do not become permanent without proof A system that treats allegation as equivalent to evidence risks undermining both fairness and safety. HB1770 restores balance by requiring proof for long-term restrictions while preserving emergency protections. I respectfully urge the Committee to support HB1770. Thank you for your consideration.