Relative to the presumption of shared parenting in the determination of parental rights and responsibilities.
Impact
The enactment of HB 1382 would significantly alter state laws related to child custody and parental responsibilities. It would create a presumption that shared parenting arrangements are in the child's best interests unless the court can demonstrate otherwise with clear findings. This presumption can influence court proceedings where custody arrangements are contested, potentially leading to more equitable sharing of parental duties and time with children post-separation or divorce.
Summary
House Bill 1382 establishes a legal presumption of shared parenting in the context of determining parental rights and responsibilities. Specifically, it defines 'shared parenting' as a situation where each parent has a substantial role in decision-making and shares at least 35% of the child's residential time. This legislative change aims to establish a framework that promotes equal involvement from both parents in their child's upbringing, advocating for the belief that such arrangements are beneficial to the child's welfare.
Contention
Although touted as a progressive measure, the bill has generated discussions regarding its implications on parental rights and the judicial discretion involved in custody determinations. Supporters argue that it aids in reducing conflicts between parents and ensures that children maintain meaningful relationships with both parents. However, critics express concerns that it may undermine the court's ability to make nuanced decisions that consider individual family circumstances, particularly in cases of domestic abuse or other factors that may affect the child's welfare.
Relative to the determination of parental rights and responsibilities based on shared parenting and requiring all municipalities and school governing bodies to post on their official website the amount of funds received by the state either by allocation or grant.