The proposed bill would significantly amend current statutes regarding domestic violence in custody cases by repealing substantially the current statute governing domestic violence and child abuse in child custody cases and establishing that in any custody matter, domestic violence is contrary to the best interests of the child. It mandates that courts prioritize the safety and well-being of both the child and the domestic violence victim, requiring detailed findings on the record regarding various factors in custody matters involving domestic violence. Furthermore, it introduces a mandatory rebuttable presumption that awarding custody to a parent who committed domestic violence is contrary to the child's best interests and outlines specific procedures for evaluating claims of domestic violence. Additionally, the bill updates the statutes on legal decision-making and parenting time by removing existing provisions that limit joint legal decision-making in cases of domestic violence. It establishes a mandatory rebuttable presumption against awarding legal decision-making or parenting time to a parent who has committed domestic violence, while requiring courts to prioritize safety and make detailed findings regarding domestic violence factors. The bill also specifies that for any temporary orders relating to custody, if there are allegations of domestic violence, the court must make the same written findings as established in this Act, and introduces new definitions and criteria for evaluating domestic violence, ensuring that past incidents can influence custody decisions and prohibiting joint counseling between victims and their abusers.

Statutes affected:
Introduced Version: 25-403.03, 25-404, 25-411, 13-3601, 36-3001, 25-403.02, 13-1204, 25-403.10, 8-201, 25-403