Senate Bill No. 448
(By Senators Mitchell and Chafin)
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[Introduced January 30, 2002; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section two hundred four, article
nine, chapter forty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
including equal access to both parents in the criteria for
temporary parenting plans for children.
Be it enacted by the Legislature of West Virginia:
That section two hundred four, article nine, chapter
forty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND
DECISION-MAKING RESPONSIBILITY OF CHILDREN.
§48-9-204. Criteria for temporary parenting plan.
(a) After considering the proposed temporary parenting plan filed pursuant to section 9-203 and other relevant evidence
presented, the court shall make a temporary parenting plan that
is in the best interest of the child. In making this
determination, the court shall give particular consideration to:
(1) Which parent has taken greater responsibility during the
last twelve months for performing care taking functions relating
to the daily needs of the child;
(2) Which parenting arrangements will cause the least
disruption to the child's emotional stability while the action
is pending;
and
(3) The child's need for equal access to both parents.
(b) The court shall also consider the factors used to
determine residential provisions in the permanent parenting
plan.
(c) Upon credible evidence of one or more of the
circumstances set forth in subsection 9-209(a), the court shall
issue a temporary order limiting or denying access to the child
as required by that section, in order to protect the child or
the other party, pending adjudication of the underlying facts.
(d) Expedited procedures shall be instituted to facilitate
the prompt issuance of a parenting plan.
(e) If requested by a parent, the court shall provide
substantially equal access to the minor children to both parents at a temporary order hearing, unless the court finds that shared
parenting would be detrimental to the child. The burden of
proof that shared parenting would be detrimental to the child
shall be upon the parent requesting sole custody. If equal
access is not granted, the court shall state in the temporary
order why equal access was not granted.
NOTE: The purpose of this bill is to include equal access
to both parents as criteria in determining temporary parenting
plans for children.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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