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Senate approves bill allowing courts to award separate rights under joint legal custody in best interest of child
Summary
Senate File 523 passed unanimously on final reading. The bill permits a court, upon clear and convincing evidence, to award separate rights and responsibilities under joint legal custody if doing so is in the child's best interest; a process for resolving disputes is included in the floor summary.
Senate File 523, a bill permitting courts to award separate rights and responsibilities under joint legal custody where clear and convincing evidence shows it is in the child’s best interest, passed the Senate on final reading with no recorded nays.
Senator Taylor of Sioux opened remarks summarizing the bill’s text: if a court finds by clear and convincing evidence that separate rights are in the child’s best interest, the court may award separate rights under joint legal custody. The bill establishes that a parent seeking resolution of a dispute must file an application with the court, which may then adjudicate and award separate rights.
The floor record shows limited debate and no amendments. Senator Taylor moved final reading and passage; the roll call recorded 48 ayes and 0 nays and the bill was declared passed and the title agreed to. The transcript contains no fiscal notes, no floor amendments, and no further implementation detail about forms, timelines, or criteria beyond "clear and convincing evidence" as the standard for awarding separate rights.
