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2004 SESSION

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HB 386 Divorce; grounds include child abuse, and drug or alcohol use.

Introduced by: L. Scott Lingamfelter | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Divorce, custody and visitation. Provides that substance abuse, cruelty, or causing reasonable apprehension of bodily hurt are fault grounds for divorce. The defendant in a divorce suit shall be awarded at least 120 overnights in any calendar year and joint or sole legal custody unless both parties agree in writing to a parenting plan that addresses custody or the court makes a written finding that such arrangement is not in the best interests of the child. This provision does not apply where the defendant has committed adultery, sodomy or buggery outside the marriage; been convicted of a felony and sentenced to confinement for more than one year; been guilty of cruelty towards the spouse, caused the spouse reasonable apprehension of bodily hurt, willfully deserted or abandoned the spouse; or been guilty of cruelty to the parties' children or caused the children reasonable apprehension of bodily hurt; or abused drugs or alcohol. It is presumed that it is in the best interests of the child to spend a minimum of 120 overnights with each party in every calendar year in visitation arrangements, including pendente lite orders, pursuant to subdivision 6 a of § 20-91 and subsection B of § 20-124.2.


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