SB463 SFAT Trump #1 3-12

Smith  7883

Senator Trump moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for Senate Bill 463— A Bill to amend and reenact §48-9-102 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated § 48-1-102a; to amend and reenact  §48-9-203, §48-9-204, §48-9-205, §48-9-206, §48-9- 207, §48-9-208, §48-9-209, §48-9-401, §48-9-402, §48-9-602, and §48-9-603 of said code, all relating generally to  domestic relations matters; modifying allocation of legal custody and parenting time in domestic relations matters; establishing collaborative parenting as a goal in allocation of custodial responsibility and decision-making; creating a rebuttable presumption that equal custodial allocation is in a child’s best interest; requiring specific findings and legal conclusions by the court if equal parenting is not granted; establishing criteria for diverging from equal custodial allocation when it is sought; authorizing interlocutory appeals to the Intermediate Court of Appeals if the family court refuses all physical custody to a parent or denies equal  custody when sought; precluding the family court from entering a stay during an interlocutory appeal; requiring consideration of certain factors in developing a temporary parenting plan; ensuring that permanent parenting plans include provisions for financial support of children; requiring court not to consider temporary allocation of physical custody in final order unless parties agreed on temporary terms; removing provisions requiring consideration of terms in temporary orders when drafting final orders; requiring consideration of parents’ ability or inability to work together in allocating significant decision-making responsibilities; clarifying considerations for courts in developing or approving parenting plans; setting forth optional considerations for a court in allocating physical custody of a child; authorizing family court to designate which parent is entitled to tax deductions and exemptions equitably on a year to year basis when equal custody is ordered; clarifying that amendments made during regular session of the Legislature, 2022, are prospective; and declaring custodial orders entered prior to the effective date of the amendments to chapter 48 during the regular session of the Legislature, 2022, remain in full force and effect until judicially modified.

Adopted

Rejected