Louisiana Senate Bill SB306

Louisiana 2016 Regular Session

• Introduced: 3/4/16
• Refer: 3/4/16
• Refer: 3/14/16

Caption

Provides that physical custody of children shall be shared equally in a joint custody decree. (gov sig)

Impact

The implications of SB306 on state laws are significant, as it seeks to transition from a discretionary standard to a prescriptive one regarding physical custody in joint custody cases. By mandating equal physical custody when feasible and in the child's best interests, the bill aims to establish a framework that encourages collaborative parenting. This change could potentially reduce conflicts between parents and facilitate a more stable environment for children, who are often caught in the middle of custody disputes. However, courts will still have the latitude to consider relevant factors in determining a child's best interest, ensuring context-specific decisions are still made.

Summary

Senate Bill 306 (SB306) aims to amend existing laws regarding joint custody arrangements by stipulating that physical custody of children shall be shared equally between parents in accordance with a joint custody decree. The bill reinforces the principle that shared physical custody should be the standard, promoting the idea that children benefit from having frequent and continuing contact with both parents. The legislation is seen as an effort to create more equitable custody arrangements that better reflect the interests of children when parents separate or divorce.

Sentiment

Overall, the sentiment surrounding SB306 appears to be supportive among advocates of shared parenting. Proponents argue that equal physical custody is beneficial for children, as it fosters consistent involvement from both parents. However, there is also concern regarding the practical application of this standard, particularly in high-conflict situations where equal custody may not be in the child's best interest. This has led to some polarized opinions about whether the bill adequately addresses all possible family dynamics and circumstances.

Contention

Notable points of contention include the potential challenges in enforcing equal custody arrangements, especially in cases where one parent may pose a risk to the child's welfare. Critics argue that while the intention behind the bill is commendable, it may oversimplify complex custody situations that require nuanced judgment. Furthermore, the bill's impact on judicial discretion raises questions about the ability of courts to adequately protect children in high-conflict families, emphasizing the need for careful consideration of when equal custody is truly in the child's best interest.