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GA HB972
Bill
Status
Introduced
2/10/2014
Primary Sponsor
Jason Spencer
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AI Summary
- Declares parental involvement in children's lives a fundamental constitutional right that cannot be abridged absent a compelling state interest and clear and convincing evidence of actual harm to the child
- Defines "actual harm" to explicitly exclude a child's or parent's discomfort, potential confrontation between parents, or a parent's claim to exclusivity, and prohibits "best interests of the child" from being used to circumvent these protections
- Requires parenting plans to include provisions ensuring both parents can communicate (at minimum by email and text) about the child, have access to all child records, and share parenting time as agreed, unless clear and convincing evidence of actual harm justifies restrictions
- Prohibits parenting plans, orders, or decrees from restricting a parent from attending a child's public activities, school events, performances, or sporting events, or from taking the child to public places during their parenting time, unless actual harm is proven by clear and convincing evidence with a direct causal link
- Applies to all child custody proceedings and modifications filed on or after July 1, 2014, and directs judges to not enforce existing prohibitions, limitations, or restrictions in prior orders that violate these new protections
Legislative Description
Domestic relations; child custody proceedings; make legislative findings; provisions
Last Action
House Second Readers
2/17/2014
Full Bill Text
No bill text available