Connecticut House Bill HB06645

Connecticut 2017 Regular Session

• Introduced: 1/24/17
• Refer: 1/24/17

Caption

An Act Creating A Presumption In Favor Of Shared Parenting In Cases Involving The Custody Of A Child.

Impact

If passed, this bill would significantly influence child custody laws within the state by reinforcing shared parenting as the standard. It seeks to reshape the legal landscape surrounding family law, moving away from the notion that custody should predominantly favor one parent over the other. The adoption of this bill could result in more balanced parenting roles post-divorce or separation, potentially benefitting children's emotional well-being by ensuring both parents remain actively involved in their lives.

Summary

House Bill 06645 aims to establish a legal presumption in favor of shared parenting arrangements in child custody cases. The bill proposes an amendment to section 46b-56a of the general statutes, suggesting that courts should generally assume that equal access to the child by both parents serves the child's best interests. This presumption would only be overturned if there is overwhelming evidence against it, thereby encouraging courts to favor joint custody arrangements by default.

Contention

Notably, the proposal may face contention given the complexities involved in custody cases. Critics may argue that blanket presumptions do not consider individual circumstances, such as domestic abuse or complex family dynamics that might necessitate limited contact with one parent. Concerns could also arise regarding how 'overwhelming evidence' is defined, raising questions on the standard of proof required for courts to deviate from the presumption and how such discretion might impact the consistency of judicial decisions in custody cases.