Opponents don't appear worried by measure

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This week's refiling of a joint parenting initiated measure that was rejected by voters last year has stoked excitement among the idea's supporters but largely elicited a yawn from opponents and the political establishment.

Leaders of a children's group that led opposition to the measure last time say it's not on their radar. Both political parties also say they have no position on it.

The measure, filed this week with the secretary of state's office, seeks to change North Dakota law to favor joint custody. If adopted, the measure would require courts to grant joint custody if it's requested by either parent, unless that person is deemed unfit or a danger to the child.

Supporters say this year's version accomplishes the exact same goal with simpler language than the 2006 measure.

"It just unmuddles the water a bit, you might say," said Deborah Vaagan, a 40-year-old noncustodial mother of two teenagers who's leading this year's effort. "Every parent who has a desire to stay in their child's life should be awarded that, and that's what this measure will do."

Vaagan, of West Fargo, said the group has more manpower this time to both collect the 12,844 signatures needed to get it on the ballot and drum up support from voters. Group members intend to place it on the November 2008 ballot to capture the largest voter turnout.

Last year, 56 percent of North Dakota voters rejected the joint parenting idea after an emotional and public debate over whether a joint custody requirement served the best interests of the state's parents and children.

Supporters said parents deemed fit deserved equal time with their children, regardless of their gender or income. Opponents - including the North Dakota Bar Association and children's advocacy groups - said it left kids in the middle of often bitter divorces and left them more vulnerable to being left in abusive situations.

Janelle Moos, board president for the North Dakota Children's Caucus, said her group had heard about the measure being refiled but isn't focused on it, "given that voters spoke loudly against it last fall."

"It looks, on first appearance, to be the same argument," she said. "It would still put the best interests of children at risk."

Unlike some measures, such as the Republican Legislature's permanent oil tax trust fund or an effort by Democrats to make the state superintendent teaching requirement part of the constitution, this one looks to be nonpartisan.

Mike Schatz, executive director of the North Dakota Republican Party, said Republicans had no stance on the issue. Jaime Selzler, executive director of the North Dakota Democratic Party, said his party did not have a stance, either.

Still, supporters are enthusiastic about the chance of winning this time.

Vaagan said she thinks the result will be different this time because her group will get the message out better and because the simpler language will help more voters to see exactly what they're voting on.

She is taking over the effort from Mitch Sanderson, a Park River man who led the charge last year.

Sanderson, a 41-year-old noncustodial parent of three young children, said time constraints kept him from leading the effort again. Still, he said it is very important to him because he knows first hand the pains of losing physical custody of his children.

"I'm not allowed to be a parent to my children," he said. "I'm just the guy who gets to see them every other weekend."

In North Dakota and across the nation, such initiatives are often considered to be a men's issue because court custody hearings overwhelmingly favor mothers.

Both Sanderson and Vaagan said having a woman lead the charge this time would help voters see that it's a wider issue.

"There are so many women out there who see the problem and know its wrong," Vaagan said. "They're supporting us."

(Reach reporter Jonathan Rivoli at 223-8482 or jonathan.rivoli@;bismarcktribune.com.)

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