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MS SB2424
Bill
AI Summary
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Creates a rebuttable presumption that joint legal and physical custody in both parents is in the best interest of a minor child, removing the previous requirement that both parents must agree to the presumption.
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Maintains existing presumption that it is detrimental to a child to be placed in custody of a parent with a history of perpetrating family violence, which can only be rebutted by preponderance of the evidence.
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Establishes factors courts must consider when determining whether a family violence presumption can be overcome, including completion of batterer treatment programs, substance abuse counseling, parenting classes, and compliance with protective orders.
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Requires courts to order the alleging party to pay all court costs and reasonable attorney's fees if domestic violence allegations are found to be completely unfounded.
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Effective date: July 1, 2019.
Legislative Description
Divorce; rebuttable presumption of joint custody of minor children.
Last Action
Died In Committee
2/5/2019