House of Representatives

HB 2261

divorce; visitation pending final decree

Sponsors: Rep. Marsh, Johnson, Anderson, Sen. Petersen

X	Committee on Human Services
	Caucus and COW
	As Passed the House

HB 2261 stipulates in the preliminary injunction that neither party may deny the other equal time with a child unless mutually agreed upon in writing.

HB 2261 contains a proposed strike-everything amendment as follows:

HB 2261 amends current statute relating to custody issues in the temporary orders of the court during divorce proceedings.

· Establishes additional standards for awarding temporary custody.

· States that there is a rebuttable presumption that temporary joint physical custody will be awarded equally between the parents, unless the child is under three years of age or disabled.

· Specifies that the presumption may be rebutted by any of the following:

· An agreement in writing or before the court by both parties to waive the presumption.

· An existence of domestic violence.

· Evidence that the best interests of the child would be opposed.

· A finding that either parent is awaiting trial on or has been convicted of or admitted committing any of a list of criminal offenses in this state or similar offenses in another state or jurisdiction.

· Requires the court to determine appropriate custody and the best interests of the child if the presumption is rebutted under any of the four conditions.

· Stipulates that if the child is under three years of age, then the parent who has provided primary care is entitled to physical custody of the child and the other parent is entitled to reasonable parenting time, but subject to the existence of the following conditions:

· A final court order.

· A court order to the contrary.

· An agreement in writing or before the court by both parties to a different custody arrangement.

· An existence of domestic violence.

· Evidence that the best interests of the child would be opposed.

· A finding that either parent is awaiting trial on or has been convicted of or admitted committing any of a list of criminal offenses in this state or similar offenses in another state or jurisdiction.

· A motion by either parent for the issuance of a new temporary order when the child reaches three years of age, unless a final decree has been granted.

· Provides a plan for public exchange of the child if temporary joint physical custody is ordered and both parents agree to the plan, to preserve for the safety and protection of the parents and child.

· Stipulates that the court shall include in the order a specific public location or locations for the exchange of the child between parents. However, the court may allow the exchange to occur at the parent’s residences, or a public location or locations, if the parents agree in writing or before the court and the court determines it is in the best interests of the child. The court also has the discretion to allow alternative public locations for the exchange.

· States that if the child is disabled then the court shall determine the temporary physical custody of the child in the best interests of the child in accordance with the prescribed procedure.

· Specifies that neither parent’s parenting time must occur at the other’s residence unless agreed upon in writing by the parent whose residence the parenting time is to occur.

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· 44th Legislature

· Second Regular Session 2 February 26, 2001

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