Bill Text: NC H534 | 2013-2014 | Regular Session | Amended

---

Bill Title: Rebuttable Presumption/Shared Parenting

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2013-04-04 - Ref To Com On Judiciary Subcommittee C [H534 Detail]

Download: North_Carolina-2013-H534-Amended.html

---

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                    1

HOUSE BILL 534

 

 

Short Title:        Rebuttable Presumption/Shared Parenting.		(Public)
Sponsors:	Representative Floyd (Primary Sponsor). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Judiciary Subcommittee C.

April 4, 2013

A BILL TO BE ENTITLED

AN ACT to amend the laws pertaining to child custody to provide for a rebuttable presumption of shared parenting.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 50‑13.2(a) reads as rewritten:

"§ 50‑13.2.  Who entitled to custody; presumption of shared parenting; terms of custody; visitation rights of grandparents; taking child out of State.

(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 and shall make findings accordingly. An order for custody must include findings of fact which support the determination of what is in the best interest of the child. Between the mother and father, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child. However, there is a presumption that shared parenting is in the best interest of the child. The presumption may be rebutted by the greater weight of the evidence. For purposes of this section, "shared parenting" means each parent sharing as close as possible to an equal amount of time with the child. Joint custody to the parents shall be considered upon the request of either parent."

SECTION 2.  This act is effective when it becomes law and applies to cases pending or filed on or after that date.