The Senate passed a bill Thursday that would require courts to consider whether fifty-fifty custody would work out for children and families.
Senate Bill 463 would have deliberations in family courts begin with a presumption of fifty-fifty custody, analyze whether that is realistic and, if it isn’t, lay out the reasoning as to why it is not possible.
The legislation notes that actions in the court system may reveal that equal joint custody is not actually in the best interest of the child. One exception would be cases where the mother and father have reached an agreement on parenting time, or if one of the parties does not request any specific custody arrangement.
Other exceptions would be if one of the parents has committed an act of domestic violence against the other or if one of the parties is a sex offender.
Supporters of the bill said it provides the family court judges with enough flexibility to decide what is best for the children. Opponents of the bill conceded that in an ideal world, fifty-fifty would be best, but noted that life rarely plays out in ideal circumstances. They believe that with such emotional, competing interests, the judge should have full discretion.
The bill passed on a 25-9 vote. The legislation now heads to the House of Delegates for consideration.
The Senate is adjourned until Friday, Feb. 25, at 11 a.m.
Afternoon Meetings:
Health at 1:30 p.m. in 451M.
Energy at 1:30 p.m. in 208W.
Education at 2:30 p.m. in 451M
Government Organization at 2:30 p.m. in 208W.
Finance at 3:30 p.m. in 451M.
Judiciary at 3:30 p.m. in 208W.
Tomorrow morning meetings:
Health at 9 a.m. in 451M.
Banking and Insurance at 10 a.m. in 451M.
