An Act To Implement Recommendations Concerning Domestic Violence and Parental Rights and Responsibilities
Sec. 1. 19-A MRSA §1653, sub-§1, ¶C, as enacted by PL 2001, c. 329, §1, is amended to read:
Sec. 2. 19-A MRSA §1653, sub-§3, ¶L, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
(1) The child emotionally; and
(2) The safety of the child; and
(3) The other factors listed in this subsection, which must be considered in light of the presence of past or current domestic abuse;
Sec. 3. 19-A MRSA §1653, sub-§3, ¶Q, as amended by PL 2005, c. 567, §2, is further amended to read:
Sec. 4. 19-A MRSA §1653, sub-§3, ¶R, as enacted by PL 2005, c. 567, §3, is amended to read:
(1) Has been convicted of a crime under Title 17-A, chapter 11 or 12 or a comparable crime in another jurisdiction;
(2) Has been adjudicated of a juvenile offense that, if the person had been an adult at the time of the offense, would have been a violation of Title 17-A, chapter 11 or 12; or
(3) Has been adjudicated in a proceeding, in which the person was a party, under Title 22, chapter 1071 as having committed a sexual offense . ; and
Sec. 5. 19-A MRSA §1653, sub-§3, ¶S is enacted to read:
summary
This bill adds an exception to the public policy in favor of a child's contact with both parents and shared parental rights and responsibilities when the court determines that the contact or an award of shared parental rights and responsibilities would not be in the best interest of the child. This bill requires the court to consider how the existence of domestic abuse between the parents would affect the other best interest factors. This bill also adds another factor to the list of best interest factors that would require the court to consider whether allocation of some or all parental rights and responsibilities would best support the child's safety and well-being.