Bill Text: CT HB06685 | 2013 | General Assembly | Introduced
Bill Title: An Act Establishing A Task Force To Study Legal Disputes Involving The Care And Custody Of Minor Children.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-12 - Signed by the Governor [HB06685 Detail]
Download: Connecticut-2013-HB06685-Introduced.html
General Assembly |
Raised Bill No. 6685 | ||
January Session, 2013 |
LCO No. 4896 | ||
*04896_______JUD* | |||
Referred to Committee on JUDICIARY |
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Introduced by: |
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(JUD) |
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AN ACT CONCERNING THE PRESUMPTION OF SHARED CUSTODY IN DISPUTES INVOLVING THE CARE AND CUSTODY OF MINOR CHILDREN.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 46b-56a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) For the purposes of this section, ["joint custody"] "shared custody" means an order (1) awarding legal custody of the minor child to both parents, providing for [joint] shared decision-making by the parents on matters relating to a child's welfare, including, but not limited to, matters relating to education, medical care, and emotional, moral, social and religious development, and (2) providing that physical custody shall be shared by the parents in such a way as to [assure the child of continuing contact with both parents. The court may award joint legal custody without awarding joint physical custody where the parents have agreed to merely joint legal custody.] ensure that each parent exercises physical care of the child for substantial periods of time. An equal sharing of physical care and control of the child shall not be required when the court enters an award of shared custody.
(b) There shall be a presumption, affecting the burden of proof, that [joint] shared custody is in the best interests of a minor child where the parents have agreed to an award of [joint] shared custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child or children of the marriage. If the court declines to enter an order awarding [joint] shared custody pursuant to this subsection, the court shall state in its decision the reasons for denial of an award of [joint] shared custody.
(c) If only one parent seeks an order of [joint] shared custody upon a motion duly made, the court may order both parties to submit to conciliation at their own expense with the costs of such conciliation to be borne by the parties as the court directs according to each party's ability to pay.
(d) In any proceeding before the Superior Court involving a dispute between the parents of a minor child with respect to the custody, care, education and upbringing of such child, the parents shall file with the court, at such time and in such form as provided by rule of court, a proposed parental responsibility plan that shall include, at a minimum, the following: (1) A schedule of the physical residence of the child during the year; (2) provisions allocating shared decision-making authority to [one or] both parents regarding the child's [health, education and religious upbringing] welfare, including, but not limited to, matters relating to education, medical care, and emotional, moral, social and religious development; (3) provisions for the resolution of future disputes between the parents, including, where appropriate, the involvement of a mental health professional or other parties to assist the parents in reaching a developmentally appropriate resolution to such disputes; (4) provisions for dealing with the parents' failure to honor their responsibilities under the plan; (5) provisions for dealing with the child's changing needs as the child grows and matures; and (6) provisions for minimizing the child's exposure to harmful parental conflict, encouraging the parents in appropriate circumstances to meet their responsibilities through agreements, and protecting the best interests of the child.
(e) The objectives of a parental responsibility plan under this section are to provide for the child's physical care and emotional stability, to provide for the child's changing needs as the child grows and to set forth the authority and responsibility of each parent with respect to the child.
(f) If both parents consent to a parental responsibility plan under this section, such plan shall be approved by the court as the custodial and access orders of the court pursuant to section 46b-56, as amended by this act, unless the court finds that such plan as submitted and agreed to is not in the best interests of the child.
(g) The court may modify any orders made under this section in accordance with section 46b-56, as amended by this act.
Sec. 2. Subsection (c) of section 46b-56e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(c) If a parent is a member of the armed forces, has sole or [joint] shared custody of a child or court ordered visitation, parental access or parenting time and receives notice from military leadership that he or she will deploy or mobilize in the near future and will be required to be separated from such child due to such deployment or mobilization, then upon motion of such deploying parent or the nondeploying parent, a court may enter temporary orders of custody or visitation modifying final orders of custody or visitation during the period of such deployment or mobilization if: (1) The deployment or mobilization would have a material effect upon the deploying parent's ability to exercise parental rights and responsibilities or parent-child contact as set forth in the existing final orders of custody or visitation, and (2) the court finds that such modification is in the best interests of the child. In issuing such temporary modification orders, the court shall be guided by the provisions of the general statutes pertaining to custody and visitation. Motions for temporary modification of final orders of custody or visitation because of deployment or mobilization shall be given priority for this purpose.
Sec. 3. Subsection (b) of section 46b-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(b) In making or modifying any order as provided in subsection (a) of this section, the rights and responsibilities of both parents shall be considered and the court shall enter orders accordingly that serve the best interests of the child and provide the child with the active and consistent involvement of both parents commensurate with their abilities and interests. Such orders may include, but shall not be limited to: (1) Approval of a parental responsibility plan agreed to by the parents pursuant to section 46b-56a, as amended by this act; (2) the award of [joint] shared parental responsibility of a minor child to both parents, which shall include (A) provisions for residential arrangements with each parent in accordance with the needs of the child and the parents, and (B) provisions for consultation between the parents and for the making of major decisions regarding the child's [health, education and religious upbringing] welfare, including, but not limited to, matters relating to education, medical care, and emotional, moral, social and religious development; (3) the award of sole custody to one parent with appropriate parenting time for the noncustodial parent where sole custody is in the best interests of the child; or (4) any other custody arrangements as the court may determine to be in the best interests of the child.
Sec. 4. Section 46b-56 of the general statutes is amended by adding subsection (j) as follows (Effective October 1, 2013):
(NEW) (j) In any controversy before the Superior Court as to the custody or care of minor children, any parent who is alleged to have knowingly made a false statement to the court relating to the care and custody of the minor children may be referred by the court to the office of the Chief State's Attorney for purposes of a criminal investigation. Any parent who knowingly makes a false statement to the court relating to the care and custody of a minor child may be fined not more than two thousand dollars or imprisoned not more than one year or both.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2013 |
46b-56a |
Sec. 2 |
October 1, 2013 |
46b-56e(c) |
Sec. 3 |
October 1, 2013 |
46b-56(b) |
Sec. 4 |
October 1, 2013 |
46b-56 |
Statement of Purpose:
To (1) establish a presumption of shared custody in any dispute involving the care and custody of minor children, and (2) provide the court with sanctions that may be imposed against a parent who knowingly makes a false statement to the court in a proceeding relating to the care and custody of minor children.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]