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2003 SESSION

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HB 2128 Custody, visitation, support; educational seminars.

Introduced by: John S. Reid | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Parent education; custody, visitation, and support cases. Eliminates the 2003 sunset and modifies the existing requirements that parents attend educational seminars addressing the effects of separation or divorce on children, parenting responsibilities, etc. Under the bill the parties to any petition for custody, visitation or support shall show proof that they have attended within 12 months before their first court appearance or shall attend within 45 days thereafter an educational seminar that is at least four hours in length. Once a party has completed one educational program, the required completion of additional programs is at the court's discretion. Such programs are to be completed, where possible, prior to participating in mediation or alternative dispute resolution, and the court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Parties include natural or adoptive parents, or any person with a legitimate interest as defined in § 20-124.1. The fee for such programs shall be based on ability to pay, but shall in no case exceed $50. This bill is identical to SB 1097.

SUMMARY AS PASSED HOUSE:

Custody, visitation, and support and educational seminars. Modifies the current requirements that parents attend educational seminars addressing the effects of separation or divorce on children, parenting responsibilities, etc. Under the bill the parties to any petition for custody, visitation or support shall show proof that they have attended within 12 months before their first court appearance or shall attend within 45 days thereafter an educational seminar which is at least four hours in length. Once a party has completed one educational program, the required completion of additional programs is at the court's discretion. Such programs are to be completed, where possible, prior to participating in mediation or alternative dispute resolution, and the court may grant an exemption from attendance of such program in compelling circumstances or if there is no program reasonably available. Parties include natural or adoptive parents, or any person with a legitimate interest as defined in § 20-124.1. The fee for such programs shall be based on ability to pay, but shall in no cases exceed $50.

SUMMARY AS INTRODUCED:

Custody, visitation, and support and educational seminars. Modifies the language currently in effect surrounding the court's mandate that parents attend educational seminars on the effects of separation or divorce on children, parenting responsibilities, etc. The new language provides that the parties ("parties" is defined to include the natural or adoptive parents of the child or a person with a legitimate interest) shall show proof that they have attended a seminar within 45 days of the parties' initial court appearance. Additionally, the bill provides that failure to attend a seminar may be deemed contempt of court and that a court shall not exempt a person from attending a seminar because they are impoverished or a low-income person. The language of the statute scheduled to take effect July 1, 2003 makes no mention of mandatory attendance at an educational seminar; this bill re-inserts the language as amended in the respective statutes currently in effect.