- Introduced -

SB 651 - This act makes various changes to domestic relations law. The mere fact of custody at filing shall not create preference in ordering temporary custody, custody or child support. The petitioner shall file a proposed parenting plan upon filing. The respondent shall submit a proposed parenting plan with first responsive pleading that shall set forth arrangements that the party believes to be in the best interest of the minor children. Contents of the parenting plan are listed.

Relevant factors for the court to consider in awarding child support include custody arrangements, including the amount of time a child spends with each parent and the reasonable expenses associated with custody arrangements; reasonable expenses associated with successive families of the parents; and whether a child in college continues to attend and progresses toward completion of school program. In cases involving enforcement of visitation, an award of attorney's fees shall be granted if requested by prevailing party. When determining support in cases involving state debt, or in determining support owed by parent to another person, the court or the Director of the Division of Child Support Enforcement may use the child support guidelines.

Courts are to consider the merits of case and the actions of parties when awarding court costs. The provision that fees can be paid out of marital or separate assets has been deleted.

A court shall order alternate dispute resolution (ADR) or court hearing for disposition of unresolved issues. ADR shall be paid for by the parties, be nonbinding, and not be ordered or used in contempt proceedings, for enforcement of existing custody or visitation orders, or for a motion for a family access order. The court may make exception to ADR for good cause, which includes a finding of domestic abuse. The Supreme Court shall adopt a rule within 60 days of effective date of the act requiring circuits to establish ADR program within six months of rule for contested child custody and visitation proceedings.

Joint physical custody means an order awarding each parent significant, but not necessarily equal, periods of time. In determining custody, relevant factors include a party's intent to relocate more than 50 miles from a child's current residence, and the parties' proposed parenting plans. Public policy is to assure children frequent, continuing and meaningful contact with both parents, unless the court finds such contact is not in the best interests of the children. Custody shall be determined in the following order of consideration: joint physical and legal custody to both parents; joint legal custody with one party named primary physical custodian; sole physical and legal or physical or legal custody to one parent; third party physical and legal or physical or legal custody. The burden of coming forward with evidence that a particular custody arrangement is not in the best interest of the child shall be on the parent opposing the custody arrangement. A court shall enter written findings of reasons a preferred custodial arrangement is denied and reasons why arrangement chosen is in child's best interests. Any judgment or decree of dissolution or declaration of paternity shall allow a parent without physical custody access to records.

In awarding child support, the court shall consider Section 452.340 factors and applicable supreme court rules.

A custodial party must first provide all other parties with custody or visitation rights of at least 60 days written notice of any relocation. The contents of the notice are listed. A custodial parent is prohibited from relocating more than 50 miles from child's current residence without a court order or consent of the other party.

A court shall specify a noncustodial parent's visitation rights. The court shall make findings if requested by party when there is evidence of a history of domestic violence. A family access procedure shall be created for ease of enforcement of visitation orders. Within 60 days from effective date of section, the Supreme Court shall have a rule in effect, requiring each circuit to establish procedures for handling of family access motions within 6 months of the adoption of the rule. Procedures shall include: pro se form, cost not to exceed an additional $25, hearing on motion within 14 days of service, and final disposition not more than 45 days after service. Intentional interference with visitation shall constitute a change of circumstances which may justify change of custody. Violation of a family access order shall be a Class A misdemeanor, or D felony in cases of repeated violations. The family access fee may be waived for good cause.

The child's legal custodian shall determine upbringing in a way which does not detrimentally impact the rights of the other parent.

By July 1, 1999, the Supreme Court shall have guidelines in place for educational sessions for parties to a dissolution. Educational sessions shall be ordered, except for good cause shown.

Penalties that apply to failure to pay child support shall also apply to denial or interference with visitation or custody, except that the Division of Child Support Enforcement shall not have jurisdiction of such cases. A party asserting mistake of fact has burden of proof on that issue. A "mistake of fact" means only an error with identity of the party or in computation of time.

JOAN GUMMELS