WV SB79 | 2021 | Regular Session
Status
Spectrum: Bipartisan Bill
Status: Engrossed on February 24 2021 - 50% progression, died in committee
Action: 2021-02-25 - To House Judiciary
Pending: House Judiciary Committee
Text: Latest bill text (Comm Sub) [HTML]
Status: Engrossed on February 24 2021 - 50% progression, died in committee
Action: 2021-02-25 - To House Judiciary
Pending: House Judiciary Committee
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.”
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
Date | Chamber | Action |
---|---|---|
2021-02-25 | House | To House Judiciary |
2021-02-25 | House | To Judiciary |
2021-02-25 | House | Introduced in House |
2021-02-24 | Senate | Ordered to House |
2021-02-24 | Senate | Passed Senate with amended title (Roll No. 30) |
2021-02-24 | Senate | Read 3rd time |
2021-02-24 | Senate | On 3rd reading |
2021-02-23 | Senate | Read 2nd time |
2021-02-23 | Senate | On 2nd reading |
2021-02-22 | Senate | Read 1st time |
2021-02-22 | Senate | On 1st reading |
2021-02-19 | Senate | Committee substitute reported |
2021-02-10 | Senate | To Judiciary |
2021-02-10 | Senate | Introduced in Senate |
2021-02-10 | Senate | To Judiciary |
2021-02-10 | Senate | Filed for introduction |
Subjects
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
48 | 9 | 403 | Amended Code | Citation Text |