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ND SB2383
Bill
Status
1/27/2025
Primary Sponsor
Claire Cory
Click for details
AI Summary
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Establishes a legal presumption that both parents are fit to care for their child, requiring clear and convincing evidence to prove a parent unfit before courts can apply "best interests of the child" factors
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Mandates courts award equal residential responsibility (50/50 parenting time) unless a parent is found unfit or specific exceptions apply, such as geographic distance, military deployment, infant care needs, or special needs children
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Defines "equal decisionmaking responsibility" as both parents jointly agreeing on major decisions including daycare, education, extracurricular activities, healthcare, and spiritual development
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Prohibits courts from giving priority to either parent based on gender, race, creed, or religion when determining residential responsibility, deeming such priority a violation of equal protection rights
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Restricts parents with equal residential responsibility from relocating a child more than 50 miles without written consent of the other parent or court order, and applies retroactively to existing custody cases involving children under 18
Legislative Description
The definition of equal decisionmaking responsibility and equal parenting time, the best interests of the child factors, and the residence of a child; and to provide for application.
Last Action
Second reading, failed to pass, yeas 12 nays 35
2/19/2025