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Committee moves HB770 to 'inexpedient to legislate' amid concerns about replacing 'best interest' test
Summary
Lawmakers voted to recommend HB770 ITL after debate about whether the bill would replace the long-standing 'best interest of the child' standard with a constitutional or rigid 50/50 parenting-time rule and whether it would intrude on parents’ ability to craft private plans.
A House committee voted to recommend House Bill 770 be held 'inexpedient to legislate' (ITL) after members said the proposal would create confusion with existing law and could inappropriately replace the 'best interest of the child' standard.
Representative Markell, who moved ITL, said the bill would replace the current best-interest test with a new standard and might attempt to create a constitutional rule that would not be workable without broader constitutional changes. “It creates some confusion… the bill kind of creates some confusion in my mind as to how it would be actually applied,” he said.
Members criticized a provision favoring an automatic or presumed equal 50/50 parental time allotment. Representative Le noted that “not every relationship can be 50/50” because of work schedules, school time and other practical constraints, and Representative Pearson warned that the measure might prevent parents from making private agreements that suit their families.
After discussion and a roll call, the committee recommended ITL. Supporters of the motion argued that existing statutory factors and court practice already guide custody decisions and that mandatory or constitutionalized presumptions were unnecessary and possibly unconstitutional.
Next steps: The committee recommended ITL; the sponsor may decide whether to pursue changes to the bill language or other avenues to advance the policy in future sessions.
