Abuse in Cases of Separation

Under current law, the court is required to determine the allocation of parental responsibilities, including parenting time and decision-making responsibilities, based on the best interests of the child.

The bill requires that prior to allocating parental responsibilities and prior to considering the best interests of the child factors, the court shall determine whether a party has committed domestic violence. If the court determines by a preponderance of the evidence that a party has committed domestic violence, there is a presumption that it is not in the best interests of the child to allocate parental responsibilities to that parent.

The bill requires the court to make specific written findings and require conditions if the court awards parental responsibilities to a party found to have committed domestic violence.

Under current law, prior to a court ordering a party accused of domestic violence or child abuse to take steps to improve a relationship with a protected party, a mental health professional who is approved by the domestic violence offender management board must verify the accused party's behavior. Instead, the bill requires that the accused party participate in individual therapeutic treatment with a mental health professional who holds a master's or doctoral degree and a certain mental health license type, has specialized training and expertise in treating survivors of domestic violence and its effects, and has completed a 52-week domestic violence abuser intervention program.

(Note: This summary applies to this bill as introduced.)