Provides for cotutorship of child in that either parent acting alone can act on behalf of the child. (gov sig)
Impact
The proposed amendments under SB102 will clarify the legal rights of parents over children in joint custody situations. By granting cotutorship, the bill aims to prevent scenarios where one parent has unilateral control over decisions affecting their child. This aspect especially resonates in contemporary family law, emphasizing collaborative parental engagement and ensuring that children's best interests remain a priority.
Summary
Senate Bill 102 seeks to amend the Louisiana Civil Code regarding the tutorship of minors. The bill introduces provisions for cotutorship, allowing both parents to exercise equal authority in making decisions on behalf of their child when joint custody is awarded. This change aims to reflect the evolving dynamics of family structures, particularly in cases of divorce or judicial separation, where maintaining parental involvement becomes critical for the welfare of the child.
Sentiment
The sentiment surrounding SB102 appears to be generally positive, as it aims to facilitate better co-parenting arrangements in increasingly common joint custody scenarios. Advocates for parental rights and family law reform have welcomed the changes as progressive, viewing them as essential for fostering cooperative parenting. The bill aligns with a broader movement towards recognizing both parents' roles equally, which is seen as supportive of children's emotional and psychological well-being.
Contention
While the bill's intent was largely supported, concerns were raised regarding the potential for disputes between parents over decision-making authority. Critics noted that while the idea of cotutorship is admirable, it could complicate custody arrangements if parents cannot effectively communicate or cooperate. Thus, there remain questions about how courts will navigate disagreements arising from this shared authority, underscoring the importance of effective conflict resolution mechanisms within family law.
Provides for parental authority of married persons, obligations of children, parents, and other ascendants, and provisional custody by mandate. (1/1/16) (EN NO IMPACT See Note)
Permits state child support agencies to bring actions under the child support statute on behalf of a noncustodial parent who is incarcerated and unable to pay child support.
Permits state child support agencies to bring actions under the child support statute on behalf of a noncustodial parent who is incarcerated and unable to pay child support.
Relating to child custody; to amend Sections 30-3-1, 30-3-150, 30-3-151, 30-3-152, 30-3-153, and 30-3-157 of the Code of Alabama 1975, and to add Section 30-3-158 to the Code of Alabama 1975, relating to child custody; to remove existing code language that provides for custody of a child to be granted to a husband in cases of abandonment by the wife only after the child reaches seven years of age; to provide further for the policy of this state regarding child custody; to provide further for definitions; to provide that there is a rebuttable presumption that joint custody is in the best interest of the child, which can be overcome only by evidence; to establish factors for a court to consider when determining any custody arrangement other than joint custody; to require a parenting plan and to authorize the court to establish a parenting plan in certain situations; to specify remedies when a party fails to adhere to certain provisions in a parenting plan; to set requirements for the modification of physical custody in certain circumstances; to allow a parent to file a petition for temporary relief if he or she believes joint custody is not in the best interest of the child; to provide certain remedies if an unsupported or bad faith petition for temporary relief is filed; and to provide that nothing in this act shall be construed to limit domestic or family abuse provisions of the law.