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ND SB2201

Bill

Status

Introduced

1/12/2011

Primary Sponsor

Dave Weiler

Click for details

Origin

Senate

62nd Legislative Assembly

AI Summary

SB 2201 Summary

  • Amends definitions in North Dakota Century Code Chapter 14-09 to define "equal parenting time and residential responsibility" as each parent having the child in their care exactly 50 percent of the time.

  • Establishes a presumption that each parent is fit to care for the child, requiring courts to award equal parenting time and residential responsibility if requested by either parent unless clear and convincing evidence shows it would cause serious harm to the child's physical or emotional health.

  • Requires the perpetrator of domestic violence involving serious bodily injury, dangerous weapons, or a pattern of violence to pay all court costs, attorney's fees, evaluation fees, and expert witness fees unless doing so would cause undue financial hardship.

  • Applies the law retroactively to all pending and past child custody cases where a child is under 18 years old as of the effective date, waiving standard limitations on postjudgment modifications for the first motion filed after enactment.

  • Declares the Act an emergency measure.

Legislative Description

Parenting rights and responsibilities; to provide for retroactive application; and to declare an emergency.

Last Action

Second reading, failed to pass, yeas 3 nays 43

1/26/2011

Committee Referrals

Health and Human Services1/12/2011

Full Bill Text

No bill text available