SESSION OF 1998
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2816
As Amended by House Committee on
H.B. 2816 amends several statutes dealing with child custody
matters. Major provisions of the bill are the following:
- Parenting time would replace the term visitation or visitation
- Joint custody would be replaced with the term joint shared
custody. Parents would be required to develop a plan for
joint shared custody. If the parents cannot agree, the court
will presume, and order a plan to the effect that, each parent
shares equal or near equal time with their children. In the
event that equal or near equal sharing is unworkable, the
court must order a plan that supports the concept of continuing dual parent involvement.
- The bill would require that when one parent moves from the
geographical area, defined as 35 miles from the town or city
in which the parents currently reside, and the parents cannot
agree to a new residency arrangement, the court would be
required to presume that the child will remain with the parent
who is not moving.
- Modifications to child support orders that are made retroactive by the court would be restricted so that retroactivity
could not exceed three months.
Proponents of the bill included representatives of the National
Congress for Fathers and Children, as well as other individuals.
Opposition was expressed on behalf of the National Organization
The fiscal note indicates no fiscal impact.
1. *Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at