HB 2392 Summary

• Courts must award custody to a parent unless a nonparent proves by clear and convincing evidence that the parent failed to support the child for 12 of the last 14 months or abandoned the child for one year without maintaining regular contact or visitation.

• Creates a rebuttable presumption that a parent is affirmatively unfit if the parent is a sex offender, has been convicted of certain crimes, is alcohol or drug-dependent with risk of serious harm, has domestic abuse conviction within 5 years, or resides with someone meeting these criteria.

• Categorically bars custody awards to anyone convicted of 17 specified serious crimes involving sexual abuse, exploitation, or endangerment of children, regardless of sentence status.

• Custody determinations cannot be modified unless there is a permanent, material, and substantial change of conditions that directly affects the child's best interests, except temporary custody may be modified if the original conditions no longer exist.

• Effective November 1, 2025.