Compare versions
--- version:Edition 1+++ version:Filed@@ -1,15 +1,15 @@GENERAL ASSEMBLY OF NORTH CAROLINASESSION 2025-S 1-SENATE BILL 162+S D+SENATE BILL DRS35075-NJ-14Short Title: Shared Parenting. (Public)Sponsors: Senators Hanig and Jones (Primary Sponsors).-Referred to: Rules and Operations of the Senate-February 26, 2025-*S162-v-1*+Referred to:++*DRS35075-NJ-14*A BILL TO BE ENTITLED 1-AN ACT ESTABLISHING A PRESUMPTION OF JOI NT CUSTODY AND SHARE D 2+AN ACT ESTABLISHING A PRESUMPTION OF JOINT CUSTODY AND SHARED 2PARENTING. 3The General Assembly of North Carolina enacts: 4SECTION 1. G.S. 50-13.01 reads as rewritten: 5@@ -24,7 +24,7 @@… 14(b) Whenever it appears to the court, from the pleadings or otherwise, that an action 15involves a contested issue as to the custody or visitation of a minor child, the matter, where there 16-is a pro gram established pursuant to G.S. 7A-494, shall be set for mediation of the unresolved 17+is a program established pursuant to G.S. 7A-494, shall be set for mediation of the unresolved 17issues as to custody and visitation before or concurrent with the setting of the matter for hearing 18unless the court waives mediation pursuant to subsection (c). Issues that arise in motions for 19modifications as well as in other pleadings shall be set for mediation unless the court waives 20@@ -34,7 +34,7 @@purposes of mediation under this section include the pursuit of the following goals: 24(1) To reduce any acrimony that exists between the parties to a dispute involving 25custody or visitation of a minor child; 26-(2) The development of custody and visitation agreements that are in the child's 27+(2) The development of custody and visitation agreements that are in the child 's 27best interest;interest and equalize to the greatest extent possible the amount of 28time the child spends with each parent, giving due consideration to the 29relevant shared parenting factors of G.S. 50-13.2(a1); 30@@ -43,12 +43,16 @@"§ 50-13.2. Who entitled to custody; presumption of shared parenting; terms of custody; 33visitation rights of grandparents; taking child out of State; consideration of 34parent's military service. 35+FILED SENATE+Feb 25, 2025+S.B. 162+PRINCIPAL CLERKGeneral Assembly Of North Carolina Session 2025-Page 2 Senate Bill 162-First Edition+Page 2 DRS35075-NJ-14(a) An order for custody of a minor child entered pursuant to this section shall award the 1custody of such child to such person, agency, organization or institution as will best promote the 2interest and welfare of the child. In making the determination, the court shall consider all relevant 3-factors including acts of domestic violence between the parties, the safety of the child, and the 4+factors including acts of domestic violence between the parties, the safety of the child, and the 4safety of either party from domestic violence by the other party. An order for custody must 5include written findings of fact that reflect the consideration of each of these factors and that 6support the determination of what is in the best interest of the child. Between the parents, whether 7@@ -57,7 +61,7 @@parent. 10(a1) There exists a rebuttable presumption that joint custody and shared parenting is in the 11best interest of the child. For purposes of this section, "shared parenting" means the child spends 12-as close as possible to an equal amount of time with each parent. In determini ng the terms of a 13+as close as possible to an equal amount of time with each parent. In determining the terms of a 13shared parenting schedule, the court shall consider all of the following relevant factors: 14(1) The wishes of the child's parent or parents as to his or her custody. 15(2) The wishes of the child as to his or her custody, with due consideration given 16@@ -72,7 +76,7 @@(7) A finding by the court that an act of domestic violence has been committed by 25one of the parties against a child of the party or any other parties. The court 26shall further determine the extent to which the domestic violence and abuse 27-has affected the child and the child 's relationship to each party, with 28+has affected the child and the child 's relationship to each party, with 28consideration given to efforts made by a part y toward completion of any 29domestic violence treatment, counseling, or program. 30(8) The extent to which the child has been cared for, nurtured, and financially 31@@ -80,14 +84,14 @@(9) The intent of the parent or parents in placing a child with another person, 33agency, organization, or institution. 34(10) The circumstances under which a child was placed or allowed to remain with 35-another person, agency , organization , or institution, including whether a 36+another person, agency, organization , or institution, including whether a 36parent seeking custody was previously prevented from doing so as a result of 37an act of domestic violence, or whether the child was placed with another 38person, agency, organization , or institution to allow the parent now seeking 39custody to seek employment, work, or attend school. 40(11) The likelihood that a party will allow the child frequent, meaningful, and 41continuing contact with the other parent, unless the court finds that a 42-continuing relationship with the other parent will endanger the health and 43+continuing relationship with the other parent will endanger the health and 43safety of the child. 44(a2) The presumption that joint custody and shared parenting is in the best interest of the 45child may be rebutted if one or more of the following conditions exist: 46@@ -97,15 +101,15 @@(2) The parties have reached an agreement on all issues related to custody of the 50child. 51General Assembly Of North Carolina Session 2025-Senate Bill 162-First Edition Page 3+DRS35075-NJ-14 Page 3(3) One of the parties does not request sole, primary, or joint custody. 1(b) An order for custody of a minor child may grant joint custody to the parents, exclusive 2-custody to one person, agency, organization, or institution, or gr ant custody to two or more 3+custody to one person, agency, organization, or institution, or grant custody to two or more 3persons, agencies, organizations, or institutions. institutions in accordance with subsections (a) 4and (a1) of this section. Any order for custody shall include such terms, including visitation, as 5will best promote the interest and welfare of the child. If the court finds that domestic violence 6has occurred, the court shall enter such orders that best protect the children and party who were 7-the victims of domestic violence, in accordance with the provisions of G.S. 50B-3(a1)(1), (2), 8+the victims of domestic violence, in accordance with the provisions of G.S. 50B-3(a1)(1), (2), 8and (3). If a party is absent or relocates with or without the children because of an act of domestic 9violence, the absence or relocation shall not be a factor that weighs against the party in 10determining custody or visitation. Absent an order of the court to the contrary, each parent shall 11
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.