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House Judiciary Committee advances shared-parenting proposal after divided debate (HB 1242)
Summary
The committee voted 11-3 to give House Bill 1242 a due pass recommendation. The bill would create a presumption of shared parenting (50/50) in custody cases, subject to rebuttal where a court finds harm or danger to the child.
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The House Judiciary Committee voted 11-3 to recommend a due pass on House Bill 1242 after more than an hour of divided debate about whether a presumption of shared parenting would help or harm children.
HB 1242 would start custody proceedings with a presumption of equal parenting time, subject to the court's authority to rebut that presumption if evidence shows the arrangement would cause harm or endanger a child's physical or emotional health. Supporters said the change could reduce parental alienation and keep children connected to both parents and extended family. Opponents said the proposal risks exposing children to harmful situations and could be used as a tool for harassment in high-conflict cases.
Representative Hoberson moved for a due pass; Representative Van Winkle seconded. The motion carried on a roll call that recorded 11 votes in favor and 3 against. Committee members repeatedly discussed the bill's rebuttable-presumption language, the evidentiary standard (preponderance of the evidence), and whether additional safeguards—such as mandatory parenting classes or clearer protections against parental alienation—should accompany the change.
"I think this is a good start," Representative Boyle said in support, while Representative Schneider, drawing on years of family-law experience, said the bill "sounds really good" but risked harming children in cases where shared parenting would enable control or harassment by a more powerful parent.
Committee members noted the bill previously passed the House in an earlier session and failed in the Senate. Several members recommended further study or the addition of protective provisions. Representative Henderson urged that the new presumption would require proof to rebut, and that the current system sometimes allows unproven allegations to determine outcomes; HB 1242 places the burden on parties seeking to show harm.
Committee discussion also included practical concerns: travel distance for parenting time, delays in the family-court process, and how the bill would interact with existing best-interest factors used by judges. Some members suggested requiring parenting education similar to programs used in other states.
Votes at a glance
- Motion for due pass on House Bill 1242: moved by Representative Hoberson; seconded by Representative Van Winkle; outcome: carried, 11-3.
The committee selected a bill carrier after the vote and adjourned for a scheduled subcommittee meeting.
