HB304 HFA Steele 7-29 #1

Morgan 3345

 

Delegate Steele moved to amend the amendment on page 17, section 101, following line 16, by  inserting new subsections (d), (e), (f), (g), (h) and inserting the following language:

 

            (d) Any man who purports to be the father of a child, whether born or unborn, may, pursuant to a properly filed and verified petition and parenting plan, seek a court-ordered paternity designation and an allocation of custodial responsibility, child support, decision-making authority, and visitation.  Any petition regarding an unborn child, seeking court-ordered custodial responsibility, child support, decision-making authority, and visitation would take effect once the child is born.   Any petition seeking a paternity designation, an allocation of custodial responsibility, a child support award, a determination of decision-making authority, or visitation shall be governed by the procedures and provisions as provided in §48-9-101 et seq. and §48-11-101 et seq. of this code. 

            (e) Notwithstanding anything contained in this section, no petition may be heard by any court of this State if there has been a judicial finding, stipulation, or admission, or by the Petitioner, of abuse, neglect, or abandonment, relating to the child that is subject of the petition, under Chapter 49 of this Code, or if an adoption, relating to the child that is the subject of the petition, has been finalized pursuant to the provisions of §48 -22-101 et seq. of this code. 

            (f)  It shall be the burden of the Petitioner to prove the facts of the petition by a preponderance of the evidence.

            (g)  A judicial finding by a court of competent jurisdiction, by a preponderance of the evidence, that the child subject to the petition, was conceived as a result of a sexual offense as defined within §61-8B-1 et seq. or an incestuous relationship, as defined in §61-8-12 of this code, shall result in the entry of an order denying unto the offending party any and all allocation of custodial responsibility, decision-making authority, visitation or contact between the offending party and the child subject to the petition or other relief sought.  The court may order that the offending party still be obligated to pay child support for the child that is the subject of the petition.  Any allocation of child support shall be governed by the procedures and provisions of §48-11-101 et seq. of this code.  Notwithstanding, any order entered by the court, pursuant to this sub-section, shall not preclude an order of criminal restitution by any other court. 

            (h)  Pursuant to the provisions contained within this section, a court of competent jurisdiction may, in its discretion, make a finding by a preponderance of the evidence that the costs, fees and expenses of all prenatal care and delivery, relating to the child that is the subject of the petition, shall be allocated amongst the parties.

 

 

Adopted

Rejected