The bill amends the Child Custody Act of 1970, specifically section 5, to clarify the standards for determining child custody in disputes involving parents, agencies, or third parties. It establishes that in disputes between parents and agencies or third parties, there is a presumption that the best interests of the child are served by awarding custody to the parents, unless proven otherwise by a preponderance of the evidence. Additionally, it specifies that a parent who has not had contact with the child for three years is considered a third person unless their absence is due to specific circumstances such as active duty, incarceration, or medical conditions. The bill also outlines different considerations when the dispute involves a third person who is the custodian of the child's established custodial environment.

Furthermore, the bill introduces provisions that prevent a biological parent convicted of criminal sexual conduct from being awarded custody of a child conceived as a result of such acts. It also states that an offending parent is not entitled to custody without the consent of the other parent or guardian and does not relieve them of their support obligations. The bill allows for an affirmative defense to be raised by the other parent in custody proceedings and specifies that if an individual is convicted of sexual conduct against their child, custody cannot be awarded to them unless both the other parent and the child consent. The term "offending parent" is defined to include those convicted of such crimes or found to have committed acts of nonconsensual sexual penetration.

Statutes affected:
House Introduced Bill: 722.25