txt

CSHB 334(HSS): "An Act relating to visitation and child custody."

00                       CS FOR HOUSE BILL NO. 334(HSS)                                                                    
01 "An Act relating to visitation and child custody."                                                                      
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 25.20.060(a) is amended to read:                                                                   
04            (a)  If there is a dispute over child custody, either parent may petition the                                
05       superior court for resolution of the matter under AS 25.20.060 - 25.20.130. The court                             
06       shall award custody on the basis of the best interests of the child. In determining the                           
07       best interests of the child, the court shall consider all relevant factors, including those                       
08       factors enumerated in AS 25.24.150(c) [, AND THE PRESUMPTION                                                      
09       ESTABLISHED IN AS 25.24.150(g)]. In a custody determination under this section,                                   
10       the court shall provide for visitation by a grandparent or other person if that is in the                         
11       best interests of the child.                                                                                      
12    * Sec. 2. AS 25.20.061 is amended to read:                                                                         
13            Sec. 25.20.061. Visitation in proceedings involving domestic violence. If                                  
14       visitation is awarded to a parent who the court finds by clear and convincing                                 
15       evidence has a history of perpetrating [COMMITTED A CRIME INVOLVING]                                      
01       domestic violence or been convicted of a crime involving domestic violence, against                           
02       the other parent, [OR] a child, or a domestic living partner [OF THE TWO                                  
03       PARENTS], within the five years preceding the award of visitation, the court may set                              
04       conditions for the visitation, including                                                                          
05                 (1)  the transfer of the child for visitation must occur in a protected                                 
06       setting;                                                                                                          
07                 (2)  visitation shall be supervised by another person or agency and                                     
08       under specified conditions as ordered by the court;                                                               
09                 (3)  the perpetrator shall attend and complete, to the satisfaction of the                              
10       court, a program for the rehabilitation of perpetrators of domestic violence that meets                           
11       the standards set by the Department of Corrections under AS 44.28.020(b), or other                                
12       counseling; the perpetrator shall be required to pay the costs of the program or other                            
13       counseling;                                                                                                       
14                 (4)  the perpetrator shall abstain from possession or consumption of                                    
15       alcohol or controlled substances during the visitation and for 24 hours before                                    
16       visitation;                                                                                                       
17                 (5)  the perpetrator shall pay costs of supervised visitation as set by the                             
18       court;                                                                                                            
19                 (6)  the prohibition of overnight visitation;                                                           
20                 (7)  the perpetrator shall post a bond to the court for the return and                                  
21       safety of the child; and                                                                                          
22                 (8)  any other condition necessary for the safety of the child, the other                               
23       parent, or other household member.                                                                                
24    * Sec. 3. AS 25.20.070 is amended to read:                                                                         
25            Sec. 25.20.070. Temporary custody of the child. Unless it is shown to be                                   
26       detrimental to the welfare of the child considering the factors under AS 25.24.150(c) [,                          
27       OR UNLESS THE PRESUMPTION UNDER AS 25.24.150(g) IS PRESENT], the                                                  
28       child shall have, to the greatest degree practical, equal access to both parents during                           
29       the time that the court considers an award of custody under AS 25.20.060 - 25.20.130.                             
30    * Sec. 4. AS 25.20.095(g) is amended to read:                                                                      
31            (g)  In making a determination of the best interests of the child, the court shall                           
01       consider the factors under AS 25.24.150(c) [AND APPLY THE REBUTTABLE                                              
02       PRESUMPTION UNDER AS 25.24.150(g) TO VISITATION, DELEGATION, AND                                                  
03       CUSTODY ORDERS ISSUED UNDER THIS SECTION]. In addition, there is a                                                
04       rebuttable presumption that a deployed parent's visitation rights may not be delegated                            
05       to a family member who the court finds by clear and convincing evidence has a                                 
06       history of perpetrating domestic violence against a spouse, a child, or a domestic                                
07       living partner, or to a family member with an individual in the family member's                                   
08       household who the court finds by clear and convincing evidence has a history of                               
09       perpetrating domestic violence against a spouse, a child, or a domestic living partner.                           
10    * Sec. 5. AS 25.20.110(e) is amended to read:                                                                      
11            (e)  A court may provide for a temporary modification of a custody or                                        
12       visitation order during the period of a parent's deployment to military service to make                           
13       reasonable accommodation for the deployment. The temporary order must specify that                                
14       deployment is the basis of the order and include provisions for                                                   
15                 (1)  custody or reasonable visitation during a period of leave granted to                               
16       the deployed parent if the custody or visitation is in the child's best interest;                                 
17                 (2)  termination of the temporary order and resumption of the                                           
18       permanent order within 10 days after notification of the deployed parent's ability to                             
19       resume custody or visitation unless the court finds that resumption of the custody or                             
20       visitation order in effect before deployment is no longer in the child's best interest; the                       
21       nondeployed parent shall bear the burden of proving that resumption of the order is no                            
22       longer in the child's best interest;                                                                              
23                 (3)  a hearing if a child of a deployed parent has been moved out of                                    
24       state and the nondeployed parent has filed a motion that alleges that resumption of the                           
25       permanent custody order will result in immediate danger of irreparable harm to the                                
26       child [OR THAT THE PRESUMPTION UNDER AS 25.24.150(g) EXISTS];                                                     
27                 (4)  delegation, on request of the deployed parent, of the deployed                                     
28       parent's visitation rights under an existing order, if any, to another family member who                          
29       has an existing close relationship to the child if the delegation is in the child's best                          
30       interest; and                                                                                                     
31                 (5)  immediate notification by each parent of a change of address or                                    
01       contact information to the other parent and to the court; if a valid court order issued                           
02       under AS 12.61.120 or AS 25.20.060 or an equivalent provision in another jurisdiction                             
03       is in effect that requires that the address or contact information of the parent be kept                          
04       confidential, the notification shall be made to the court only, and a copy of the order                           
05       shall be included in the notification.                                                                            
06    * Sec. 6. AS 25.20.110(g) is amended to read:                                                                      
07            (g)  In making a determination of the best interests of the child, the court shall                           
08       consider the factors under AS 25.24.150(c) [AND APPLY THE REBUTTABLE                                              
09       PRESUMPTION UNDER AS 25.24.150(g) TO VISITATION, DELEGATION, AND                                                  
10       CUSTODY ORDERS ISSUED UNDER THIS SECTION]. In addition, there is a                                                
11       rebuttable presumption that a deployed parent's visitation rights may not be delegated                            
12       to a family member who the court finds by clear and convincing evidence has a                                 
13       history of perpetrating domestic violence against a spouse, a child, or a domestic                                
14       living partner, or to a family member with an individual in the family member's                                   
15       household who the court finds by clear and convincing evidence has a history of                               
16       perpetrating domestic violence against a spouse, a child, or a domestic living partner.                           
17    * Sec. 7. AS 25.24.150(c) is amended to read:                                                                      
18            (c)  The court shall determine custody in accordance with the best interests of                              
19       the child under AS 25.20.060 - 25.20.130. In determining the best interests of the child                          
20       the court shall consider                                                                                          
21                 (1)  the physical, emotional, mental, religious, and social needs of the                                
22       child;                                                                                                            
23                 (2)  the capability and desire of each parent to meet these needs;                                      
24                 (3)  the child's preference if the child is of sufficient age and capacity to                           
25       form a preference;                                                                                                
26                 (4)  the love and affection existing between the child and each parent;                                 
27                 (5)  the length of time the child has lived in a stable, satisfactory                                   
28       environment and the desirability of maintaining continuity;                                                       
29                 (6)  the willingness and ability of each parent to facilitate and                                       
30       encourage a close and continuing relationship between the other parent and the child [,                           
31       EXCEPT THAT THE COURT MAY NOT CONSIDER THIS WILLINGNESS AND                                                       
01       ABILITY IF ONE PARENT SHOWS THAT THE OTHER PARENT HAS                                                             
02       SEXUALLY ASSAULTED OR ENGAGED IN DOMESTIC VIOLENCE AGAINST                                                        
03       THE PARENT OR A CHILD, AND THAT A CONTINUING RELATIONSHIP                                                         
04       WITH THE OTHER PARENT WILL ENDANGER THE HEALTH OR SAFETY OF                                                       
05       EITHER THE PARENT OR THE CHILD];                                                                                  
06                 (7)  clear and convincing [ANY] evidence of domestic violence, child                                
07       abuse, or child neglect in the proposed custodial household or a history of violence                              
08       between the parents;                                                                                              
09                 (8)  evidence that substance abuse by either parent or other members of                                 
10       the household directly affects the emotional or physical well-being of the child;                                 
11                 (9)  other factors that the court considers pertinent.                                                  
12    * Sec. 8. AS 25.24.150 is amended by adding new subsections to read:                                               
13            (m)  If the court finds by clear and convincing evidence that a parent has a                                 
14       history of perpetrating domestic violence or has been convicted of a crime of domestic                            
15       violence against the other parent, a child, or a domestic living partner, within the five                         
16       years preceding the award of visitation, the court may set conditions for the visitation                          
17       under AS 25.20.061.                                                                                               
18            (n)  If the court finds that both parents have committed a crime involving                                   
19       domestic violence against the other parent, a child, or a domestic living partner, within                         
20       the five years preceding the award of custody, the court shall determine custody to                               
21       minimize the risk that either parent will perpetrate further domestic violence. In                                
22       determining custody, the court may                                                                                
23                 (1)  award legal and physical custody to the parent who is less likely to                               
24       continue to perpetrate the violence and require that the custodial parent complete a                              
25       program under AS 25.20.061(3); or                                                                                 
26                 (2)  if necessary to protect the welfare of the child, award sole legal or                              
27       physical custody, or both, to a suitable third person if the person would not allow                               
28       access to a violent parent except as ordered by the court.                                                        
29    * Sec. 9. AS 25.24.150(g), 25.24.150(h), 25.24.150(i), and 25.24.150(j) are repealed.                              
30    * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to                         
31 read:                                                                                                                   
01       APPLICABILITY. This Act applies to visitation and custody orders issued on or after                               
02 the effective date of this Act.