View Amendment Current Amendment: JUD4614.005.docx to Bill 4614     Senator S. MARTIN proposed the following amendment (JUD4614.005):
    Amend the Committee Amendment, as and if amended, by striking lines 34-42 on page [4614-1] and lines 1-9 on page [4614-2] and inserting the following:

/     SECTION     1.     Chapter 15, Title 63 of the 1976 Code is amended by adding:

"Article 2

Court-Ordered Child Custody

Section 63-15-210.     As used in this article:
        (1)     '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, the court 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 also means that the child or children will spend the same amount of parenting time with each parent, absent clear and convincing evidence to the contrary, alternating weeks between the parents. At all temporary hearings, the standard preference for custody awards, absent child abuse, child neglect, or child abandonment, will be joint custody with equal parenting time unless the parents agree to a different arrangement or the court finds, presents, and records by clear and convincing evidence that joint custody is not in the best interest of the child or children or that equal parenting time is not in the best interest of the child or children.
        (2)     'Sole legal 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. 'Sole physical custody' means that the parent presides over the location of the child's primary residence and primary time. Absent any clear distinction made by the court, the term 'sole custody' shall mean both sole legal custody and sole physical custody. When sole custody is granted, sole legal custody and sole physical custody shall always be granted to the same parent or guardian unless the court finds, presents, and records by clear and convincing evidence that it is not in the best interest of the child or children to do so.     /

Amend the Committee Amendment further by striking lines 39-42 on page [4614-2], lines 1-43 on page [4614-3], and lines 1-11 on page [4614-4] and inserting the following:

/     Section 63-15-240.     (A)     In issuing an initial temporary order regarding custody or parenting time issues and affecting the rights and responsibilities of the parents, the standard ruling for the initial temporary order, absent agreement of both parents to the contrary, shall include the following provisions:
        (1)     all siblings shall live together and shall not be placed in separate residences;
        (2)     joint custody and parenting time, as defined in Section 63-15-210(1) shall apply; and
        (3)     each parent or legal guardian shall give the other parent or legal guardian first right of refusal to provide any and all transportation or care-giving needs of the child or children, which the presiding parent or legal guardian cannot personally provide during his parenting time with the child or children.
The above provisions shall apply in all cases absent the presence of child abuse, child neglect, or child abandonment, unless the parents agree to a different arrangement or the court finds, presents, and records by clear and convincing evidence that joint custody is not in the best interest of the child or children or that equal parenting time is not in the best interest of the child or children.
(B)     In modifying a temporary order or issuing a final order in any case that involves custody or parenting time issues and affects the rights and responsibilities of the parents, the order may include, but is not limited to:
        (1)     the temperament and developmental needs of each child;
        (2)     the capacity and the disposition of the parents to understand and meet the needs of each child;
        (3)     the preferences of each child;
        (4)     the wishes of the parents as to custody;
        (5)     the past and current interaction and relationship of each child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the best interest of each child;
        (6)     the actions of each parent to encourage the continuing parent-child relationship between each child and the other parent, as is appropriate, including compliance with court orders;
        (7)     the alienation of, manipulation by or coercive behavior of the parents in an effort to involve the child or children in the parents' dispute;
        (8)     any effort by one parent to disparage the other parent in front of the child or children;
        (9)     the ability of each parent to be actively involved in the life of each child;
        (10)     each child's adjustment to his or her home, school, and community environments;
        (11)     the stability of the child's or the children's existing and proposed residences;
        (12)     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 or children;
        (13)     each child's cultural and spiritual background;
        (14)     whether each child or a sibling of a child in the home has been abused or neglected;
        (15)     whether one parent has perpetrated domestic violence or child abuse or the effect on each 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 or children;
        (16) whether either parent is or was addicted to or is or was abusing alcohol or drugs;
        (17)     whether one parent has relocated more than 100 miles from the child's or children's primary residence in the past year, unless the parent relocated for safety reasons;
        (18)     whether there is more than one child involved in the custody decision and whether the court finds, presents, and records by clear and convincing evidence that physically separating the children from each other would be in each child's best interest; and
        (19)     other factors as the court considers necessary.             /

    Renumber sections to conform.
    Amend title to conform.