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MS HB1304
Bill
Status
3/4/2025
Primary Sponsor
Shane Aguirre
Click for details
AI Summary
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Allows joint custody to be awarded in any type of divorce, regardless of the grounds (irreconcilable differences or other grounds).
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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.
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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.
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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.
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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