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MS HB1304

Bill

Status

Failed

3/4/2025

Primary Sponsor

Shane Aguirre

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • Allows joint custody to be awarded in any type of divorce, regardless of the grounds (irreconcilable differences or other grounds).

  • Requires courts to make a written finding on the record and establish a parenting time schedule that favors both parents equally when awarding paramount physical custody to one parent, subject to the child's best interests.

  • Creates a rebuttable presumption that joint or sole custody of a parent with a history of perpetrating family violence is detrimental to the child; presumption can only be overcome by preponderance of evidence.

  • Establishes factors courts must consider when determining if a perpetrator of family violence has overcome the custody presumption, including completion of batterer's treatment programs, substance abuse counseling, and parenting classes.

  • Provides courts authority to impose safety conditions on visitation by a parent with a history of domestic violence, including supervised visitation, protected exchanges, substance abstinence requirements, and other measures to ensure child safety.

Legislative Description

Joint custody of children; authorize for any type of divorce.

Last Action

Died In Committee

3/4/2025

Committee Referrals

Judiciary, Division A2/17/2025
Judiciary A1/20/2025

Full Bill Text

No bill text available