WV SB79 | 2021 | Regular Session

Status

Spectrum: Bipartisan Bill
Status: Engrossed on February 24 2021 - 50% progression
Action: 2021-02-24 - Ordered to House
Text: Latest bill text (Comm Sub) [HTML]

Summary

style='font-size:10.0pt;color:windowtext'>The purpose of this bill is to provide a fair mechanism, that comports with due process, for the adjudication of requests for relocation of a parent with a child. The bill eliminates the following presumption in favor of relocation which was recognized in Syllabus Point 2 of Stacey J. v. Henry A., 842 S.E.2d 703 (2020), and Syllabus Point 3 of Nicole L. v. Steven W., 241 W.Va. 466, 825 S.E.2d 794 (2019):Â “Pursuant to West Virginia Code § 48-9-403(d)(1), if a parent who is exercising a significant majority of the custodial responsibility for a child proves that a proposed relocation is in good faith for a legitimate purpose, the location of the proposed move will be presumed to be reasonable. To overcome this presumption, the opposing parent must prove that the purpose of the move is substantially achievable without moving or by moving to a location that is substantially less disruptive of the opposing parent’s relationship to the child.”

Tracking Information

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Title

Providing fair mechanism for adjudication of requests for relocation of parent with child

Sponsors


Roll Calls

2021-02-24 - Senate - Passed Senate with amended title (Roll No. 30) (Y: 34 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-02-24SenateOrdered to House
2021-02-24SenatePassed Senate with amended title (Roll No. 30)
2021-02-24SenateRead 3rd time
2021-02-24SenateOn 3rd reading
2021-02-23SenateRead 2nd time
2021-02-23SenateOn 2nd reading
2021-02-22SenateRead 1st time
2021-02-22SenateOn 1st reading
2021-02-19SenateCommittee substitute reported
2021-02-10SenateTo Judiciary
2021-02-10SenateIntroduced in Senate
2021-02-10SenateTo Judiciary
2021-02-10SenateFiled for introduction

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
489403Amended CodeCitation Text

West Virginia State Sources


Bill Comments

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