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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Feb 25, 2025 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 162 Short Title:
162 SESSION 2025 PRINCIPAL CLERK S D SENATE BILL DRS35075-NJ-14 Short Title:
A BILL TO BE ENTITLED AN ACT ESTABLISHING A PRESUMPTION OF JOINT CUSTODY AND SHARED PARENTING.
Rules and Operations of the Senate February 26, 2025 A BILL TO BE ENTITLED AN ACT ESTABLISHING A PRESUMPTION OF JOINT CUSTODY AND SHARED PARENTING.
*DRS35075-NJ-14* General Assembly Of North Carolina Session 2025 (a) An order for custody of a minor child entered pursuant to this section shall award the custody of such child to such person, agency, organization or institution as will best promote the interest and welfare of the child.
*S162-v-1* General Assembly Of North Carolina Session 2025 (a) An order for custody of a minor child entered pursuant to this section shall award the custody of such child to such person, agency, organization or institution as will best promote the interest and welfare of the child.
In making the determination, the court shall consider all relevant factors including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party.
In makingthe determination, the court shall consider all relevant factors including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party.
An order for custody must include written findings of fact that reflect the consideration of each of these factors and that support thedetermination ofwhat is in thebest interest ofthe child.Between theparents, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child.
An order for custody must include written findings of fact that reflect the consideration of each of these factors and that support thedetermination ofwhat is in thebest interest of the child.
Between theparents, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child.
(a1) There exists a rebuttable presumption that joint custody and shared parenting is in the best interest of the child.
(a1) There exists a rebuttable presumption that joint custodyand shared parenting is in the best interest of the child.
(7) A finding by the court that an act of domestic violence has been committed by one of the parties against a child of the party or any other parties.
(7) A finding bythe court that an act of domestic violence has been committed by one of the parties against a child of the party or any other parties.
(1) The court, after consideration of relevant factors under subsection (a1) of this section, finds by clear and convincing evidence that shared parenting and joint custody is not in the best interest of the child.
(1) The court, after consideration of relevant factors under subsection (a1) of this section, finds byclear and convincingevidence that shared parentingand joint custody is not in the best interest of the child.
Page 2 DRS35075-NJ-14 General Assembly Of North Carolina Session 2025 (3) One of the parties does not request sole, primary, or joint custody.
Page 2 Senate Bill 162-First Edition General Assembly Of North Carolina Session 2025 (3) One of the parties does not request sole, primary, or joint custody.
(b) Anorderforcustody ofa minorchildmaygrant joint custodyto theparents, exclusive custody to one person, agency, organization, or institution, or grant custody to two or more persons, agencies, organizations, or institutions.
(b) Anorderforcustodyofa minorchildmaygrant joint custodyto theparents, exclusive custody to one person, agency, organization, or institution, or grant custody to two or more persons, agencies, organizations, or institutions.
If a party is absent or relocates with or without the children because of an act of domestic violence, the absence or relocation shall not be a factor that weighs against the party in determining custody or visitation.
If a partyis absent or relocates with or without the children because of an act of domestic violence, the absence or relocation shall not be a factor that weighs against the party in determining custody or visitation.
DRS35075-NJ-14 Page 3
Senate Bill 162-First Edition Page 3
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