Under existing law, after the birth of a child to an unmarried woman in a hospital, an alleged father may execute a voluntary acknowledgment of paternity with consent of the mother. An acknowledgment of paternity constitutes a legal finding of paternity and confers all rights and duties of a parent on the acknowledged father. This bill would provide that, in any proceeding relating to child custody, visitation rights, or child support, a valid voluntary acknowledgment of paternity creates certain rebuttable presumptions in favor of joint custody and shared parenting time. This bill would create a rebuttable presumption in those proceedings that a parent may not remove the child from the state without the permission of the other parent or the court. This bill would also provide exceptions for cases involving domestic or family violence.

Statutes affected:
Introduced: 26-17-305, 26-17-305