Connecticut Senate Bill SB00443

Connecticut 2019 Regular Session

• Introduced: 1/23/19
• Refer: 1/23/19

Caption

An Act Concerning Allegations Of Abuse That Are Made In An Action For A Dissolution Of Marriage.

Impact

The implications of SB00443 are significant, as they aim to protect the integrity of custody determinations. By necessitating proof of abuse allegations, the bill intends to prevent potential misuse of such allegations, which might otherwise be raised as tactical tools in contentious divorce cases. The proposed changes are viewed as a way to ensure that the welfare of children remains paramount, with an emphasis on establishing a legitimate basis for any claims made during custody arrangements.

Summary

SB00443, referred to as 'An Act Concerning Allegations Of Abuse That Are Made In An Action For A Dissolution Of Marriage', seeks to amend the existing statutes related to child custody determinations during divorce proceedings. The primary focus of the bill is to enhance the process by which allegations of abuse are evaluated in custody disputes. Specifically, the bill mandates that a formal offer of proof and a hearing be required when such allegations are presented to ensure that custody decisions are based on substantiated evidence rather than solely on accusations.

Contention

While proponents of SB00443 argue that the bill will bolster the judicial process by adding necessary safeguards against false accusations, critics raise concerns about the potential consequences for victims of domestic abuse. There is a fear that requiring a formal hearing and evidence may deter some individuals from coming forward with legitimate claims of abuse due to the fear of not being believed or the emotional toll of legal proceedings. The balance between ensuring fair legal processes and protecting vulnerable individuals lies at the heart of the debate surrounding this legislation.