ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 448

(By Senators Mitchell and Chafin)

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[Originating in the Committee on the Judiciary;

reported March 1, 2002.]

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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 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) The court may order temporary allocation of custodial responsibility and decision-making responsibility after giving each parent equal opportunity to offer a proposed temporary parenting plan pursuant to section 9-203 of this chapter regarding their respective responsibilities for parenting and caretaking functions prior to separation or institution of the action. The order of the court shall not preclude access to the child by either parent who has been exercising a reasonable share of parenting functions as defined in subsection 1-235.2 of this chapter. The court should (a) After considering consider any the proposed temporary parenting plan filed pursuant to section 9-203 and other relevant evidence presented., the court and 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 The responsibility each parent has exercised during the last twelve months for performing care taking functions relating to the daily needs of the child;
(2) The responsibility each parent has exercised during the last twelve months, prior to separation of the parents, for performing parenting functions, other than caretaking functions, relative to the upbringing of the child;
(2)(3) Which parenting arrangements will cause the least disruption to the child's emotional stability while the action is pending;
(4) Minimizing disruption to the daily routine of the child;
(5) The child's need for the involvement of both parents in their day to day activities; and
(6) Whether it is in the child's best interest for each parent to have the same care taking responsibilities each had before the separation.
(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.