|SB 0114||Strengthens non-custodial parents' visitation rights|
|Last Action:||02/22/95 - Bill Combined w/SCS/SB 272 & 114|
|Title:||SCS/SB 272 & 114|
|Effective Date:||August 28, 1995|
SB 114 - This act would provide a non-custodial parent denied visitation rights to file a motion for contempt on simple pro se forms to be provided by the Clerk of the Court. Upon the filing of the motion, the Presiding Judge shall assign a Circuit or Associate Circuit Court Judge to hear the motion.
The judge shall issue an ex parte order for the enforcement of the visitation terms set forth in the decree, unless there is a pending motion alleging that the visitation would endanger the child's physical health or impair the child's emotional development. The judge shall also set a time and place for the hearing not more than 21 days after the filing of the motion for contempt.
Any person who intentionally violates a court order
regarding custody or visitation shall be guilty of a Class C
Misdemeanor upon conviction of the first offense. A second
conviction for this violation within 12 months of a first
conviction shall be a Class B Misdemeanor and a third conviction
within 24 months of the first conviction shall be a Class A
Misdemeanor. The intentional withholding of visitation of a
child from the other parent without just cause may justify a
change of custody.