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IA HSB164
SB
Status
2/12/2025
Primary Sponsor
Judiciary
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AI Summary
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Courts may award separate rights and responsibilities of joint legal custody to each parent in dissolution of marriage cases when clear and convincing evidence shows it is in the child's best interest, with both parents retaining legal access to information about the child
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Creates a formal custody dispute resolution process requiring parents to file an application with the court and serve process on the other parent, after which the court must set an evidentiary hearing
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Defines "established custodial environment of the child" as an environment where a child has a stable, permanent, and significant relationship with a parent or caregiver, including physical, emotional, and psychological conditions supporting the child's well-being
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If a proposed resolution would modify the established custodial environment, the proposing parent must prove by clear and convincing evidence the change is in the child's best interest; if no modification to the environment, the lower preponderance of evidence standard applies
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Courts must consider all existing statutory factors for custody determinations and make decisions from the child's standpoint rather than the parents' perspectives
Legislative Description
A bill for an act relating to the establishment or modification of legal custody of a child.
Last Action
Subcommittee recommends passage.
2/20/2025