West Virginia House Bill HB2103

West Virginia 2023 Regular Session

• Introduced: 1/11/23
• Refer: 1/11/23

Caption

An affirmative defense to violation of a parenting plan is a de facto parenting plan

Impact

If passed, this bill would change the enforcement of child custody arrangements in West Virginia. The introduction of a de facto parenting plan as an affirmative defense might lead to more flexible parenting arrangements and potentially reduce court disputes. By allowing informal agreements to count as valid, the bill seeks to address situations where parents have mutually arranged parenting duties outside of formal judicial oversight, thus providing a safeguard against punitive actions if infractions occur within the agreed terms.

Summary

House Bill 2103 aims to amend the West Virginia Code relating to parenting plans by making a de facto parenting plan an affirmative defense against violations of a court-ordered parenting plan. This legislation is significant as it formally recognizes agreements made between parents regarding childcare responsibilities, even when not officially recorded in a court order. The intent is to provide clarity and protection for parents who may have informal agreements that impact custodial arrangements.

Sentiment

The sentiment surrounding HB 2103 appears to be cautious and positive among lawmakers, as it represents an attempt to bridge the gap between formal court orders and the realities of parental agreements. Supporters likely view this measure as supportive of family dynamics that require adaptability in light of changing circumstances. However, there may also be concerns about its implications for the enforcement of accountability among parents, necessitating a careful evaluation of its potential outcomes.

Contention

Key points of contention may arise regarding the interpretation of what constitutes a de facto parenting plan and its impact on existing custodial disputes. Critics could argue that such provisions might lead to confusion in the courts about the validity of informal agreements and how they may differ from formal court orders. Furthermore, there may be concerns regarding the enforcement of parenting plans in cases where one parent may feel their rights have been violated, necessitating an examination of safeguards that protect the welfare of the child involved.