Brief⁽¹⁾

H.B. 2816 amends several statutes dealing with child custody matters. Major provisions of the bill are the following:

• Parenting time would replace the term visitation or visitation rights.



• Joint custody would be replaced with the term joint shared custody. Parents would be required to develop a plan for joint shared custody. If the parents cannot agree, the court will presume, and order a plan to the effect that, each parent shares equal or near equal time with their children. In the event that equal or near equal sharing is unworkable, the court must order a plan that supports the concept of continuing dual parent involvement.



• The bill would require that when one parent moves from the geographical area, defined as 35 miles from the town or city in which the parents currently reside, and the parents cannot agree to a new residency arrangement, the court would be required to presume that the child will remain with the parent who is not moving.



• Modifications to child support orders that are made retroactive by the court would be restricted so that retroactivity could not exceed three months.

Background

Proponents of the bill included representatives of the National Congress for Fathers and Children, as well as other individuals. Opposition was expressed on behalf of the National Organization for Women.

The fiscal note indicates no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.