The proposed bill would significantly update current statutes related to legal decision-making and parenting time in cases involving domestic violence. It introduces
definitions for "coercive control," "collateral act," and "domestic violence," clarifying the behaviors that constitute domestic violence. The bill establishes a
rebuttable presumption against awarding legal decision-making or parenting time to a parent who has committed domestic violence, requiring the court to prioritize the safety and well-being of the child and the victim. It also mandates that courts provide detailed written findings regarding any allegations of domestic violence and prohibits courts from ordering victims to participate in treatment programs with their abuser.
Additionally, the bill
removes existing provisions that allow for joint legal decision-making in instances of significant domestic violence and
modifies the factors courts must consider when reviewing allegations of domestic violence and the requirements for modifying legal decision-making or parenting time. It requires that any appointed supervisor for parenting time meet specific criteria and emphasizes that the burden of proof lies with the parent who committed domestic violence to demonstrate that their parenting time will not endanger the child. Overall, these updates aim to enhance protections for victims of domestic violence and ensure that children's best interests are prioritized in family law proceedings.
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
House Engrossed Version: 25-403.03, 25-404, 25-411, 13-3601, 36-3001, 25-403.02, 13-1204, 25-403.10, 8-201, 25-403