The amendment changes the word 'presumption' to 'rebuttable presumption' in two places and alters the effective date for when the bill becomes law.
HB0083
Child Custody and Sex Offender Convictions
In one sentence
This law requires courts to consider whether a parent has a sex offender conviction when deciding custody or visitation rights during divorce, separation, annulment, or paternity cases.
What it does
- Adds a requirement for courts to look at if either parent must register as a sex offender when making decisions about what is best for the child's welfare in custody and visitation cases.
- Creates a rule that it’s not usually good for children to have unsupervised time with parents who are required to register as sex offenders, unless there’s proof this isn’t harmful.
Who it affects
- Courts that handle divorce, separation, annulment, or paternity cases
- Parents who have a sex offender conviction and want custody or visitation rights
Limits and unknowns
- The law does not specify what happens if both parents have sex offender convictions.
- It’s unclear how courts will decide when unsupervised visitation is okay despite the presumption against it.
Plain language
Terms to know
- rebuttable presumption
- A rule that says something is true unless someone proves it’s not.
- best interests of the child
- What a court thinks will be most helpful and safe for a child's growth and well-being.
Official record
Sources
Read the official summary
Bill Summary - 25LSO-0048 Bill No.: HB0083 Effective: Immediately LSO No.: 25LSO-0048 Enrolled Act No.: HEA No. 0060 Chapter No.: 120 Prime Sponsor: Pendergraft Catch Title: Child custody-sex offense conviction presumption. Has Report: No Subject: Providing for the consideration of sex-based criminal offenses in child custody and visitation determinations. Summary/Major Elements: When a court is making a custody determination during a divorce, separation, annulment, or paternity action, the court must make a determination that is in the child's best interests based on specified factors. This act provides that a court must consider, among other factors, whether either parent has a conviction for which the parent is required to register as a sex offender. The act also establishes that, when a court is considering visitation, there is a rebuttable presumption that it is not in the child's best interests to grant unsupervised visitation to a parent who is required to register as a sex offender. The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Public statements
Why lawmakers voted
Last checked Aug 5, 3:17 AM
Wyoming roll calls
Recorded votes
4 roll calls
S 3rd Reading:Passed 27-4-0-0-02025-03-03 · Senate27 yes 4 no
- Yes
- 27
- No
- 4
- Absent
- 0
- Excused
- 0
- Conflict
- 0
Yes 27
S01 - Judiciary:Recommend Do Pass 4-0-1-0-02025-02-26 · Senate4 yes 0 no
- Yes
- 4
- No
- 0
- Absent
- 0
- Excused
- 1
- Conflict
- 0
H 3rd Reading:Passed 61-0-1-0-02025-02-06 · House61 yes 0 no
- Yes
- 61
- No
- 0
- Absent
- 0
- Excused
- 1
- Conflict
- 0
Yes 61
Excused 1
H01 - Judiciary:Recommend Amend and Do Pass 9-0-0-0-02025-01-24 · House9 yes 0 no
Official activity
Bill history
- Assigned Chapter Number 120LSO
- Governor Signed HEA No. 0060 Governor
- S President Signed HEA No. 0060Senate
- H Speaker Signed HEA No. 0060House
- Assigned Number HEA No. 0060LSO
- S 3rd Reading:Passed 27-4-0-0-0Senate
- S 2nd Reading:PassedSenate
- S COW:PassedSenate
- S Placed on General FileSenate
- S01 - Judiciary:Recommend Do Pass 4-0-1-0-0Senate
- S Introduced and Referred to S01 - JudiciarySenate
- S Received for IntroductionSenate
- H 3rd Reading:Passed 61-0-1-0-0House
- H 2nd Reading:PassedHouse
- H COW:PassedHouse
- H Placed on General FileHouse
- H01 - Judiciary:Recommend Amend and Do Pass 9-0-0-0-0House
- H Introduced and Referred to H01 - JudiciaryHouse
- H Received for IntroductionHouse
- Bill Number AssignedLSO
Changes
Amendments
1 stored