Flick Goes After Corrupt Family Court with Custody Legislation

March 20, 2025

HARRISBURG – As a fierce advocate of 50-50 shared custody, Rep. Jamie Flick (R-Lycoming/Union) introduced and defended his amendment on Tuesday for legislation aimed at updating and merging factors that courts consider when deciding child custody matters. 

His amendment to House Bill 378 would have created a presumption that 50-50 custody is in the best interest of the child, provided both parents are fit. Additionally, the amendment requires a judge to record in writing why 50-50 custody is not awarded, if that is the case.

The legislation amends the standard 19 factors to instead consider the level of cooperation and conflict between the parties; a willingness and ability of a party to prioritize the needs of the child by providing appropriate care, stability and continuity for the child; and each party’s employment schedule and availability to care for the child or ability to make appropriate child care arrangements.

While it failed on the House floor by a narrow margin of 103-99, it did generate bipartisan support. 

“The victory was that we got it to the floor for a vote, which has not happened until now,” said Flick, who is encouraged by the progress he has been able to make and remains positive that his legislation will ultimately pass in Pennsylvania to provide fairness and stability for children in the Commonwealth.

Flick originally introduced his initiative during his first term as House Bill 1684 of the 2023-24 session because of a very personal experience. A Lycoming County judge, in a matter of mere minutes, determined his children would only be allowed to see him every other weekend. Despite being a present and engaged father throughout his own children’s lives, being sworn in as a Court Appointed Special Advocate for children in Lycoming County and being given legal guardianship of two children from Brooklyn, New York, via the Fresh Air Fund program, Flick did not receive 50-50 custody of his own kids. “Plain and simple, the courts kidnapped my kids. I advocated so hard to get shared custody; I believe that contributed to my stroke,” he said.

During his speech, Flick noted that moment spurred his motivation to run for office to fix the broken and corrupt family court system. According to the U.S. Census Bureau, mothers are awarded primary custody in 80% of all custody cases. In Pennsylvania, fathers are awarded, on average, 28.2% of parenting time.

Flick has been a proponent of fair custody laws since that time. He believes the default in a divorce should be 50-50 unless one parent is deemed unfit, and if a parent is given less than 50-50 custody, they should be informed of the reason for that decision in a written order.

“It is universally accepted that fathers serve a vital role in the development and maturation of children,” said Flick. “Without shared parenting, children are twice as likely to abuse drugs or alcohol, twice as likely to drop out of school, four times more likely to struggle with emotional or behavioral problems, and seven times more likely to become teen parents. Even more alarming, 63% of youth suicides and 71% of school dropouts are from children who lack access to both parents.”

Flick has traveled across the country to meet with other state legislators about this bill and has seen legislation passed in four states. Bills of this nature passed the Kentucky House of Representatives by a 97-0 vote, 64-0 in the South Dakota House of Representatives, 105-7 in the Florida House of Representatives, and 114-9 in the Missouri House of Representatives.

Flick said he continuously gets positive feedback via email and text from hundreds upon hundreds of residents, both in his district and after he addresses groups in his travels. “This is popular legislation for constituents but unpopular in the courts because custody battles generate a lot of money for the courts and lawyers arguing the cases,” Flick said.

To view Flick’s comments from the House floor, click here.


Representative Jamie Flick
83th Legislative District
Pennsylvania House of Representatives

Media Contact: Nate Temple
717-260-6396
ntemple@pahousegop.com
repflick.com

 

Sign Up to Receive Legislative Email Updates

Keep up-to-date on the latest legislative and community news. Your email address will be used strictly for legislative purposes.