SCS/SB 645 - This act adds a rebuttable presumption when determining child custody arrangements that an award of equal or approximately equal parenting time to each parent giving the child equal or approximately equal access to both parents is in the best interests of the child. Additionally, this act modifies current law awarding custody to a parent with a pattern of domestic violence. Currently, the court shall consider domestic violence as a factor when considering the best interests of a child. Under this act, there shall be a rebuttable presumption that an award of joint legal or physical custody, sole custody, or unsupervised visitation shall not be in the best interests of the child. The presumption may be overcome by a preponderance of the evidence that the abusive parent has successfully completed an intervention program, is not using drugs, and custody or visitation would be in the best interests of the child. If the court finds that both parents have engaged in a pattern of domestic violence, the court shall determine the primary physical aggressor and award custody to the other parent, unless it is in the child's best interests for a third party to have custody.
Finally, this act requires a party intending to relocate a child subject to a custody or visitation agreement to notify any parties entitled to custody or visitation of that party's right to file a motion seeking an order to prevent such relocation, as well as informing those parties that such motion shall be accompanied by an affidavit setting forth the specific factual basis for opposing the relocation within 30 days of receipt of the notice.
Provisions of this act are substantially similar to HCS/HB 724 (2017).
SARAH HASKINS