Reference is to Printer's Date 1/25/12-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 15, Title 63 of the 1976 Code is amended by adding:
Section 63-15-210. (A)
As used in this article:
(1)
'Court-approved arbitrator' means a certified mediator or
certified arbitrator selected by agreement of the parties or
appointed by a family court judge to arbitrate a dispute between
parents concerning their child. Court-approved arbitrators may
charge an hourly rate as agreed upon by the parties or as set by
the chief administrative family court judge for a particular
county.
(2)
'Joint custody' means both parents have equal rights and
responsibilities for major decisions concerning the child,
including the child's education, medical and dental care,
extracurricular activities, and religious training; however, a
judge may designate one parent to have sole authority to make
specific, identified decisions while both parents retain equal
rights and responsibilities for all other decisions. Joint
custody does not mean that a child must spend an equal amount of
time with each parent.
(3)
'Sole custody' means a person, including but not limited
to, a parent who has temporary or permanent custody of a child
and, unless otherwise provided for by court order, the rights
and responsibilities for major decisions concerning the child,
including the child's education, medical and dental care,
extracurricular activities, and religious training. A
noncustodial parent may have rights to visitation or parenting
time as provided for by court order.
Section 63-15-220. (A)
At all temporary hearings where custody is
an issue, each parent shall prepare, file, and submit to the
court a parenting plan which reflects parental preferences, the
allocation of parenting time to be spent with each parent, and
major decisions including but not limited to the child's
education, medical and dental care, extracurricular activities
and religious training. The court shall issue temporary and
final custody orders only after considering these parenting
plans; however, the failure by a party to submit a parenting
plan to the court does not preclude the court from issuing a
temporary or final custody order.
(B) At the final
hearing, either party may file and submit an updated parenting
plan for the court's consideration.
(C) Court
administration shall develop a document on which a parenting
plan may be prepared and submitted to the court.
Section 63-15-230. (A)
The court shall make the final custody
determination in the best interest of the child based upon the
evidence presented.
(B) The court may award
joint custody to both parents or sole custody to either
parent.
(C) If custody is
contested or if either parent seeks an award of joint custody,
the court must consider joint custody and shall issue an order
containing findings of fact as to why joint custody was or was
not awarded.
Section 63-15-240. (A)
In issuing or modifying an order for custody
affecting the rights and responsibilities of the parents, the
order may include, but is not limited to:
(1)
the approval of a parenting plan agreed to by the
parents;
(2)
the award of sole custody to one parent with appropriate
parenting time for the noncustodial parent;
(3)
the award of joint custody in which case the order must
include:
(a)
residential arrangements with each parent in accordance
with the needs of the child and parents; and
(b)
how consultations and communications between the parents
will take place, generally and specifically with regard to major
decisions concerning the child's health, medical and dental
care, education, extracurricular activities, and religious
training;
(4)
other custody arrangements as the court may determine to
be in the best interest of the child.
(B) In issuing or
modifying a custody order, the court shall consider the best
interest of the child, which may include, but is not limited
to:
(1)
the temperament and developmental needs of the child;
(2)
the capacity and the disposition of the parents to
understand and meet the needs of the child;
(3)
the preferences of the child;
(4)
the wishes of the parents as to custody;
(5)
the past and current interaction and relationship of the
child with each parent, the child's siblings, and any other
person who may significantly affect the best interest of the
child;
(6)
the willingness of each parent to facilitate and encourage
the continuing parent-child relationship between the child and
the other parent, as is appropriate, including compliance with
court orders;
(7)
the manipulation by or coercive behavior of the parents in
an effort to involve the child in the parents' dispute;
(8)
the ability of each parent to be actively involved in the
life of the child;
(9)
the child's adjustment to his or her home, school, and
community environments;
(10)
the stability of the child's existing and proposed
residences;
(11)
the mental and physical health of all individuals
involved, except that a disability of a proposed custodial
parent or other party, in and of itself, must not be
determinative of custody unless the proposed custodial
arrangement is not in the best interest of the child;
(12)
the child's cultural background;
(13)
whether the child or a sibling of the child has been
abused or neglected;
(14)
the effect on the child of the actions of an abuser if any
domestic violence has occurred between the parents or between a
parent and another individual or between the parent and the
child;
(15)
other factors as the court considers necessary.
Section 63-15-250. (A)
When a final order is issued awarding joint
custody and thereafter the parents are unable to agree on a
significant decision concerning the child that does not require
a modification of the court order, either parent may seek to
have the matter arbitrated by a court-approved arbitrator. The
parties shall equally pay the cost of the arbitration; however,
the arbitration order may require the prevailing party be
reimbursed for all or part of the costs associated with the
arbitration.
(B) The family court
retains jurisdiction to modify a joint custody order based on a
substantial change of circumstances."
SECTION 2. Section 63-15-220(C) of the 1976 Code, as added by Section 1 of this Act, is effective 60 days after the approval of the Governor. All other sections and subsections of this act take effect upon approval by the Governor and apply to causes of action arising on or after the effective date of this act. /
Renumber sections to conform.
Amend title to conform.