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MS HB417

Bill

Status

Failed

2/2/2010

Primary Sponsor

Philip Gunn

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Origin

House of Representatives

2010 Regular Session

AI Summary

House Bill 417 Summary

  • Requires parents with primary or equal physical custody to provide 30 days' notice (or 10 days if circumstances prevent earlier notice) of intent to relocate a child's residence by certified mail, including new address, phone number, relocation date, reasons, and proposed visitation schedule.

  • Defines "relocation" as moving a child's residence outside Mississippi or more than 150 miles within the state from the other parent (or from primary custodian's domicile at time of custody decree).

  • Permits relocation if the other parent does not file an objection within 20 days of receiving notice; requires court authorization before relocating if objection is filed, with hearings given priority on court docket.

  • Establishes burden of proof on relocating parent to demonstrate relocation is made in good faith and in the child's best interest, applying eight specific factors including child's age, relationship with both parents, impact on development, and quality of life improvements.

  • Authorizes courts to impose sanctions for frivolous relocation proposals or objections, require security bonds to guarantee visitation rights, and retain continuing jurisdiction after relocation if non-relocating parent remains in Mississippi.

Legislative Description

Child custody; provide notice and procedure for relocating a child's residence.

Last Action

Died In Committee

2/2/2010

Full Bill Text

No bill text available