Provides relative to an award of custody to a person other than a parent
Impact
The introduction of HB 254 seeks to modify current laws to wear away ambiguities regarding custody awards. It stipulates that if joint custody is granted to a parent and a non-parent, someone can petition the court for modification of that custody arrangement, provided they can demonstrate a material change in circumstances. The modifications center around assuring that whatever changes occur are aligned with what serves the child's best interest. This will alter existing legal precedent on how custody disputes are evaluated in Louisiana courts.
Summary
House Bill 254 addresses the complexities of child custody arrangements, specifically focusing on situations where custody is awarded to a person other than a parent. The bill amends the existing Civil Code by establishing that courts must consider specific factors when awarding custody, ensuring that the best interest of the child is paramount. It explicitly includes language concerning the fundamental right of parents to custody, thereby highlighting parental rights in custody considerations. This legislative change is meant to clarify the burden of proof required when modifications to custody arrangements are pursued regarding non-parent custody awards.
Sentiment
General sentiment towards HB 254 appears to reflect a consensus that favors the protection of children's welfare while balancing parental rights. Legislators expressed support for the bill during discussions, emphasizing the need for clarity in custody procedures. However, certain reservations were voiced regarding the intricacies of defining what constitutes a 'material change' in circumstances, which proponents feel could lead to more litigation and confusion in custody disputes.
Contention
Notable contentions surrounding this bill include concerns about the implications that redefining the burden of proof may have on future custody battles. Some legislators and stakeholders worry that it casts too wide a net, allowing for potential instability in custody arrangements if multiple parties can petition for changes based on subjective interpretations of 'material changes'. This raises questions about the practical effects on children's stability, as well as the possible increase in court cases arising from more stakeholders looking to challenge or modify existing custody decisions.
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)
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.
Child custody, rebuttable presumption of joint custody, provided; definition of joint physical custody, further provided for; joint custody model parenting plan, required in certain divorce cases; motion for temporary relief as alternative to joint custody plan, provided in certain circumstances; penalties for certain unsupported motions, provided