The proposed bill, if enacted, would significantly revise the factors that courts must consider when determining parenting time in the best interests of the child. Under the current law, the court evaluates various factors including the relationship between the parent and child, the child's adjustment to home and school, and the mental and physical health of all individuals involved. The bill would replace these factors with a new set that prioritizes the child's bond with their primary caregiver, the preservation of the child's existing schedule, and the safety and well-being of the child, among others. Additionally, it would allow the court to consider instances of domestic violence, substance abuse, and the child's adjustment to their environment when making parenting time determinations.
Furthermore, the bill mandates that courts make specific factual findings on the record for both temporary and final orders in parenting time cases, and it removes certain existing provisions that entitle a non-custodial parent to frequent and meaningful contact with the child. It also prohibits the assumption that shared parenting time is in the child's best interests when considering modifications to parenting plans. Overall, the bill aims to refine the legal framework surrounding parenting time by emphasizing the child's stability and safety while streamlining the court's decision-making process.
Statutes affected: Introduced Version: 25-403, 25-403.02, 25-411, 25-403.03, 13-2907.02, 25-403.04, 25-403.05, 25-401, 25-408
House Engrossed Version: 25-403, 25-403.01, 25-403.02, 25-411, 25-403.03, 13-2907.02, 13-3601, 8-201, 25-403.04, 25-403.05, 25-401, 25-408