HB 2296 — shared parenting time; presumption; prohibition

6.

THE SAFETY AND WELL-BEING OF THE CHILD.

7.

3.B.

IN MAKING A DETERMINATION REGARDING PARENTING TIME, THE COURT MAY CONSIDER ALL OF THE FOLLOWING FACTORS WHEN MAKING A PARENTING TIME DETERMINATION:

1.

2.

WHETHER ONE PARENT INTENTIONALLY MISLED THE COURT TO CAUSE AN UNNECESSARY DELAY, TO INCREASE THE COST OF LITIGATION OR TO PERSUADE THE COURT TO GIVE A PARENTING TIME PREFERENCE TO THAT PARENT.

3.

THE CHILD'S ADJUSTMENT TO HOME, SCHOOL AND COMMUNITY.

WHETHER ONE PARENT INTENTIONALLY MISLED THE COURTMENTAL TOAND CAUSEPHYSICAL ANHEALTH UNNECESSARY DELAY, TO INCREASE THE COST OF LITIGATIONALL ORINDIVIDUALS TOINVOLVED. PERSUADE THE COURT TO GIVE A PARENTING TIME PREFERENCE TO THAT PARENT.] B.

B.

In a contested [legallegal decision-making or]or parenting time case, [WHENWHEN DETERMINING BOTH TEMPORARY ORDERS AND FINAL ORDERS,]ORDERS, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.

<<Sec.Sec.

In determining the level of decision-making that is in the child's best interests, the court shall consider the factors prescribed in section 25-403, [subsection]subsection [SUBSECTIONS]SUBSECTIONS A [ANDAND B]B and all of the following:

-2-3. House Amendments to H.B.

2296 3.

[D.- 2 - H.B.

A2296 parentD. who is not granted sole or joint legal decision-making is entitled to reasonable parenting time to ensure that the minor child has substantial, frequent, meaningful and continuing contact with the parent unless the court finds, after a hearing, that parenting time would endanger the child's physical, mental, moral or emotional health.]>> Sec.

A parent who is not granted sole or joint legal decision-making is entitled to reasonable parenting time to ensure that the minor child has substantial, frequent, meaningful and continuing contact with the parent unless the court finds, after a hearing, that parenting time would endanger the child's physical, mental, moral or emotional health.

Sec.

Parenting plans [A.A.

The court shall not prefer a parent's proposed plan because of the parent's or child's gender.]gender. [C.] [A.] Parenting plans shall include at least the following:

C.

A.

Parenting plans shall include at least the following:

[D.]D. [B.] If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that -3- House Amendments to H.B.

2296B. element.

[TheIf courtthe mayparents determine other factors that are necessaryunable to promoteagree andon protectany theelement emotionalto andbe physicalincluded healthin ofa theparenting child.]plan, [INthe MAKINGcourt Ashall DETERMINATIONdetermine REGARDINGthat PARENTINGelement. TIME, THE COURT SHALL NOT PRESUME THAT A PARENTING PLAN THAT REFLECTS SHARED PARENTING TIME BETWEEN THE PARTIES IS IN THE BEST INTERESTS OF THE CHILD.] [E.] [C.] Shared legal decision-making does not necessarily mean equal parenting time.

Sec.The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child.

E.

C.

Shared legal decision-making does not necessarily mean equal parenting time.

- 3 - H.B.

2296 Sec.

A military parent who has legal decision-making or parenting time pursuant to an existing court order has received notice from military -4-leadership Housethat Amendmentsthe tomilitary H.B.parent will deploy or mobilize in the near future.

2296 leadership that the military parent will deploy or mobilize in the near future.

E.- 4 - H.B.

2296 E.

The court may modify an order granting or denying parenting time rights whenever modification would serve the best interest of the child, -5-but Housethe Amendmentscourt toshall H.B.not restrict a parent's parenting time rights unless it finds that the parenting time would endanger seriously ENDANGER the child's physical, mental, moral or emotional health.

2296IN butGRANTING theOR court- shall5 not- restrictH.B. a parent's parenting time rights unless it finds that the parenting time would [endanger] [seriously] [ENDANGER] the child's physical, mental, moral or emotional health.

IN2296 GRANTING OR DENYING A REQUESTED PARENTING TIME MODIFICATION, THE COURT SHALL NOT PRESUME THAT A PARENTING TIME SCHEDULE THAT REFLECTS SHARED PARENTING TIME BETWEEN THE PARTIES IS IN THE BEST INTERESTS OF THE CHILD.

[N.N.

Subsection L of this section does not apply if the requested relief is for the modification or clarification of parenting time and not for a change of legal decision-making.]decision-making. Enroll and engross to conform Amend title to conform LISA FINK 2296FloorFINK2.docx 02/20/2025 2:49 PM C:

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