Creates provisions relating to modifying child custody and visitation orders

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Official Summary Text

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Senate Committee Substitute

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SCS/SB 1531 - Currently, courts shall consider eight factors when determining child custody. This act adds to that list considerations of the child's need for stability, continuity of care, and a consistent routine, as well as the capacity of each parent to provide a safe, stable, and developmentally appropriate environment.

This act permits a party to request the court to issue a temporary custody or visitation order during the pendency of a motion to modify any judgment pertaining to child custody or visitation. Such orders shall remain in effect until the disposition of the motion to modify or further order of the court. The order may be granted with notice to opposing parties and after a hearing, although notice may be waived in emergency situations, as described in the act; provided that orders issued where notice is waived shall be limited to 15 days in duration or until further court orders are issued and written notice shall be given to opposing parties. Dismissal of the underlying motion to modify shall automatically vacate any temporary order issued under this act.

No temporary order issued under this act shall deny parenting time to a parent or any other party granted custody or visitation, unless the court finds that parenting time is likely to cause physical or emotional harm to the child. If temporary parenting time is ordered, the court may order or otherwise modify existing child support orders if requested by any party.

Additionally, if parties to a custody or visitation order agree to a modification of such order, they may submit a motion and a proposed parenting plan to the court, signed by all parties having custody or visitation rights. There shall be no requirement for a statement of changed circumstances for such motion. If the court determines that the proposed parenting plan is in the child's best interests, then the court shall enter an order granting custody or visitation as soon as possible.

In the case of a child with disabilities or special needs, a change in circumstances that may provide grounds for a modification of a custody order shall include one parent's neglect or harm of the best interests of the child.

Finally, this act modifies provisions of law relating to the appointment of a guardian ad litem in child custody cases. A guardian ad litem shall review relevant medical, educational, and therapeutic records and consult treating professionals when appropriate, assess special medical or developmental needs, and evaluate household stability and continuity of care for the child when investigating a case. The guardian ad litem shall submit a written report to the judge, as described in the act. Guardians ad litem appointed in child custody matters shall have received certain training specified in the act.
SARAH HASKINS

Introduced

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SB 1531 - This act permits a party to request the court to issue a temporary custody or visitation order during the pendency of a motion to modify any judgment pertaining to child custody or visitation. Such orders shall remain in effect until the disposition of the motion to modify or further order of the court. The order may be granted with notice to opposing parties and after a hearing, although notice may be waived in emergency situations; provided that orders issued where notice is waived shall be limited to 15 days in duration or until further court orders are issued and written notice shall be given to opposing parties. Dismissal of the underlying motion to modify shall automatically vacate any temporary order issued under this act.

No temporary order issued under this act shall deny parenting time to a parent or any other party granted custody or visitation, unless the court finds that parenting time is likely to cause physical or emotional harm to the child. If temporary parenting time is ordered, the court may order or otherwise modify existing child support orders if requested by any party.

Additionally, if parties to a custody or visitation order agree to a modification of such order, they may submit a motion and a proposed parenting plan to the court, signed by all parties having custody or visitation rights. There shall be no requirement for a statement of changed circumstances for such motion. If the court determines that the proposed parenting plan is in the child's best interests, then the court shall enter an order granting custody or visitation as soon as possible.
SARAH HASKINS