Bill Text: NC H764 | 2015-2016 | Regular Session | Amended

North Carolina House Bill 764 (Prior Session Legislation)

Bill Title: Presumed Shared Parenting

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-04-15 - Ref To Com On Judiciary III [H764 Detail]

Download: North_Carolina-2015-H764-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H 1

HOUSE BILL 764*

Short Title: Presumed Shared Parenting.		(Public)
Sponsors:	Representatives Horn and Jeter (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Judiciary III.

April 15, 2015

A BILL TO BE ENTITLED

AN ACT to amend the laws pertaining to child custody to incorporate a presumed shared parenting standard.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 50‑13.2 reads as rewritten:

"§ 50‑13.2. Who entitled to custody; presumed shared responsibility; terms of custody; visitation rights of grandparents; taking child out of State; visitation by electronic communication; consideration of parent's military service.

(a) An order for custody of a minor child entered pursuant to this section shall award the custody of such child to such person, agency, organization or institution as will best promote the interest and welfare of the child. In making the determination, the court shall consider all relevant factors including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party and shall make findings accordingly. An order for custody must include findings of fact which support the determination of what is in the best interest of the child. Between the mother and father, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child. Joint custody to the parents shall be considered upon the request of either parent.It shall be the policy of this State to:

(1) Encourage focused, good faith, best interest, and child‑centered joint parenting agreement development while reducing needless litigation over child custody matters.

(2) Allow and encourage parents to take responsibility for their child by setting the expectation that parenthood will be a significant and ongoing responsibility requiring the creation of a joint parenting agreement.

(3) Establish laws, programs, and court practices that encourage and support the maximum participation of a child in the parents' lives regardless of the parents' present marital status, subject to laws regarding abuse, neglect, and dependency.

(4) Encourage both parents to share equitably in the rights and responsibilities of raising their child, even after dissolution of marriage or unwed relationship.

(5) Ensure that a child will have maximum contact with both parents through a presumption of shared responsibility unless it has been established based on a preponderance of the evidence that one of the parents is unfit or obstructs a healthy relationship with the other parent.

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SECTION 2. This act is effective when it becomes law.