SB 274
Modifies provisions relating to child custody
LR Number:
Last Action:
4/26/2021 - Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2021

Current Bill Summary

SB 274 - Under this act, the obligation of a parent ordered to pay child support shall abate if the other parent has permanently transferred custody of the child to a third party without first obtaining court approval.

Additionally, in custody cases where a court finds each parent to be unfit, unsuitable, or unable to be a custodian and the court determines that custody, temporary custody, or visitation with a third person is in the best interests of the child, the court shall notify the child's relatives, within the fourth degree, and any persons with whom the child has resided within 5 years that such persons may intervene to seek third party custody, temporary custody, or visitation, if such persons are not already a party to the action. Any person may petition the court to intervene as a party of interest at any time and the court shall allow such intervention as a matter of right.

Except in cases where the court finds that a relative is unfit, unsuitable, or unable to be the child's custodian or if the welfare of the child requires and it is in the best interests of the child, priority and preference for third party custody shall be given to an intervening grandparent or the relative who is closest in degree by sanguinity to the child.

No order denying third party contact with a child shall be entered by the court against a third party who has not been made a party to the action unless the court finds that the third party may not be found and joined as a party.

This act modifies the definition of "relocation" of a child in a custody arrangement to include the permanent transfer of custody of a child under a court order. In cases involving a proposed permanent transfer of custody to a third party, the legal custodian shall give notice of the proposed change in residence or location of the child to any noncustodial parent whose last known address is on record with the court, as provided for in the act. Such notice shall be in writing by certified mail and shall be provided at least 60 days in advance of the proposed transfer. The notice shall not include the actual address to which the child shall be relocated, but shall include information on the noncustodial parent's right to intervene and seek custody of the child. Beginning August 28, 2021, every court order establishing or modifying custody shall include the addresses of the legal custodians and noncustodial parents, as specified in the act.

Current law requires each party in a child custody proceeding to give information as to the child's residences over the prior five years. Under this act, any person who knowingly, purposefully, or intentionally fails to give accurate, full, and complete information shall be guilty of a Class E felony and shall be reported to the local county prosecutor or circuit attorney.

Under current law, any person may file a petition for appointment as guardian of a minor. This act requires that the minor not be currently subject to a prior custody order. Petitions shall include information about the minor's residences over the prior five years. Notice of the guardianship petition shall be given to persons identified as having physical custody of the minor over the prior five years and each of these persons shall have the right to intervene and seek guardianship of the minor. Failure to give notice shall be grounds to set aside the guardianship appointment.



No Amendments Found.