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.