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LB 22: Change parenting plan provisions related to the Parenting Act

As introduced: The Legislature finds that maximized parenting time with each parent protects children from harm to the father—child relationship and from harm due to parents’ conflicts, and, absent of evidence to the contrary, it is in a child’s best interest to have substantial, frequent, meaningful, and continuing parenting time with both parents and to have both parents participate in decision-making for the child.

In child custody proceedings, a parenting plan shall be developed by the court, the parties or their attorneys, or a mediation program and approved of by the court.  When a parenting plan has not been developed and submitted to the court, or agreed to by the parent, each parent shall submit a proposed parenting plan and the court shall create the parenting plan.  The plan shall include a determination of:
(1) legal and physical custody of the child(ren)
(2) appointment of parenting time/visitation
(3) location of the child(ren) during the week, weekend, and designated days of the year
(4) provisions for safety when child abuse, neglect, domestic/intimate partner abuse, unresolved conflict, or criminal activity that is directly harmful to the child has been established by a preponderance of the evidence.

Consistent with the child’s best interest, the court shall adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time.  The court shall not show preference to one parenting plan over the other on the basis of the parent’s or child’s sex.

As Amended: N/A

Introducing Senator(s): Hadley, (Karpisek priority)

Committee: Judiciary

Committee Hearing Date: February 6, 2013

Current Status: In committee

Estimated Fiscal Impact: FY 2013-2014: $10,000, all from general funds. There is no fiscal note listed for FY 2014-2015

Voices for Children’s Position: Neutral

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