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NC H735

Bill

Status

Introduced

4/18/2023

Primary Sponsor

Garland Pierce

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • Establishes a rebuttable presumption that joint custody and shared parenting is in the best interest of a child in North Carolina custody cases.

  • Defines "shared parenting" as the child spending as close as possible to an equal amount of time with each parent.

  • Requires courts to consider 11 specific factors when determining shared parenting schedules, including parent and child preferences, domestic violence history, physical and mental health, and likelihood of allowing meaningful contact with the other parent.

  • The presumption may be rebutted if the court finds by clear and convincing evidence that shared parenting is not in the child's best interest, if the parties agree on custody, or if one party does not request joint custody.

  • Modifies mediation goals to include equalizing the amount of time a child spends with each parent and makes the act effective immediately upon passage.

Legislative Description

Presumption of Shared Parenting

Child Custody; Civil Procedure; Courts; Divorce; Marriage & Civil Unions; Minors; Public; Civil Actions; Family Issues

Last Action

Re-ref Com On Rules, Calendar, and Operations of the House

5/2/2023

Committee Referrals

Rules, Calendar, and Operations of the House5/2/2023
Judiciary III4/19/2023

Full Bill Text

No bill text available