More Good News on Shared Parenting and Domestic Violence

By Don Hubin

Critics of presumptions of equal shared parenting often raise the spectre of increased family violence, both intimate partner violence and child maltreatment. To motivate this concern, they frequently relate a horrific story of a family violence. This strategy for attacking the shared parenting movement is emotionally powerful but evidentially very weak. One can always find some terrible story to tell about family violence no matter what presumptions the state has about the custody of children. 

What we need to do is look at the data.  What do reliable statistics show about the connection between presumptions of equal shared parenting and family violence?

The bottom line is that we can find no jurisdiction in which the establishment of a rebuttable presumption of equal shared parenting has increased rates of either intimate partner violence or child maltreatment. Quite the contrary, presumptions of equal shared parenting  are followed by either no change in these rates or diminished—sometimes markedly diminished—rates. That’s great news!

We’ve previously discussed this research and have handouts on Shared Parenting and Child Abuse and Neglect and Shared Parenting & Domestic Violence. Here we present updated data from three states that have actual experience with presumptions of equal shared parenting.

West Virginia

West Virginia’s presumption of equal shared parenting (West Virginia Code §48-9-102a) took effect in 2022. 

Child Maltreatment

According to data from the Department of Health and Human Services, in 2021, there were 6,094 victims of child maltreatment in the state. In 2023, the latest year for which we have data, the number of victims of child maltreatment had fallen to 4,850—a decrease of more than 20%! And the rate of child victims per 1,000 children dropped from 17.0 to 13.8. (See Table  3-3 Child Victims, 2019-2023, pp. 38 & 39.)

Intimate Partner Violence

The Supreme Court of Appeals of West Virginia Annual Statistics Report on Circuit, Family, and Magistrate Court Judges, reports that between 2021 and 2024, the number of cases of domestic violence filed in family courts dropped slightly, as did the number of divorce cases.

Source: The West Virginia Court System - 2024, Annual Statistics Report on Circuit, Family, and Magistrate Court Judges, Supreme Court of Appeals of West Virginia, Administrative Office, 2025, p. 19.

Arkansas

Arkansas presumption of equal shared parenting (A.C.A. §9-13-101(a)(1)(iv)(a) & A.C.A. §9-13-101(a)(5)), championed by Arkansas Advocates for Parental Equality, became effective on July 28, 2021. 

Child Maltreatment

The Department of Health and Human Services data show that the incidence of child maltreatment rose slightly from 2020 to 2021, from 9,241 to 9,616. But it has dropped significantly in the years since. In 2022, the first full year that the equal shared parenting law was in effect, there were 8,927 victims of child maltreatment in Arkansas and that dropped to 7,842 in 2023.  Between 2020 and 2023, the number of  child maltreatment victims in Arkansas dropped by more than 15%.   And the rate of children per 1,000 who were victims of child maltreatment dropped from 13.1% to 11.1%. (See Table  3-3 Child Victims, 2019-2023, pp. 38 & 39 of the previously linked Child Maltreatment Report.)

Intimate Partner Violence

The Arkansas data on the incidence of domestic violence cases is more difficult to draw conclusions from. According to the data received from the Arkansas Administrative Officer of the Courts, not all counties report data consistently, making statewide annual comparisons inaccurate. If we look, though, only at those counties that reported their domestic violence cases every year from 2020 through 2024, we see a decline in such cases of more than 11% in that period.

Kentucky

As a result of NPO’s efforts led by Matt Hale, Kentucky was the first state to establish an explicit rebuttable presumption of equal shared parenting—in 2017 for temporary orders (KSR §403.280) and in 2018 for final orders (KSR §403.270). 

Child Maltreatment

Child maltreatment in Kentucky has continued to decline, very significantly. In 2019, DHHS reported 20,130 child victims. By 2023 that had dropped to 14,484—a dramatic drop of 28%. And the rate of child victims per 1,000 children had dropped from 20.0 to 14.2.  (See Table  3-3 Child Victims, 2019-2023, pp. 38 & 39 of the previously linked Child Maltreatment Report.)

Intimate Partner Violence

We’ve previously published data, secured by Emma Johnson of Moms for Equal Parenting, on the subsequent incidence of domestic violence cases cross listed with domestic relations cases. Emma has received updated data from the Kentucky Administrative Office of the Courts. What we see is a continued, and very significant, decline in the number of divorce cases in which the same parties are involved in a domestic violence case. There were 979 such cases in 2017. Since the enactment of Kentucky’s equal shared parenting law, that has trended downward and now stands at 290. This is a drop of more than 70%!