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Senate Bill 0560


Senate Bill 0560

ARCHIVE (2009)

Latest Information

 

DIGEST OF INTRODUCED BILL


Joint physical and legal custody. Establishes a rebuttable presumption that joint legal custody and joint physical custody are in the best interests of a child in a dissolution of marriage. Requires the court to provide written findings if the court finds the presumption has been rebutted and joint custody is not in the best interests of the child. Provides that a court may reduce or cease parental contact between a parent and the parent's children only if the court makes written findings of fact based on clear and convincing evidence of substance abuse, spousal abuse, or child abuse or neglect. Provides that if a parent knowingly falsely accuses the other parent of child abuse or neglect or spousal abuse, the parent who was falsely accused may challenge the parental fitness of the accusing parent. Provides that during the pendency of a custody case, if both parents were residing in the home before filing for dissolution of marriage, each parent shall maintain an equal time share allocation between the parents and the children. Permits a court to cease or reduce contact between a parent and child during a pending dissolution case if the court makes written findings that substance abuse, spousal abuse, or child abuse or neglect occurred. Provides procedures if a parent is relocating. Changes the time a parent must file an objection to a relocation of a child notice. Provides that if a parent knowingly and intentionally prevents the other parent from the other parent's parenting time with a child, a court shall hold the parent in contempt of court. Provides that each parent is financially liable for their own attorney's fees concerning child custody matters. Provides that divorced parents with a child shall alternate years when the parent may claim the federal dependent tax deduction. Provides that certain recorded evidence is admissible in court in family law proceedings. Requires meetings, hearings, and conferences in a family law action to be recorded. Requires the division of state court administration to compile statistics concerning the failure to pay child support.
    Current Status:
     In Committee - first House
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