The House of Delegates passed a bill that would presume equal custody of children at the outset of divorce cases.
That could change through decisions in Family Court, but the presumption of 50-50 custody would be the starting point in most cases.
Senate Bill 463,” “Best Interest of the Child Protection Act,” passed the House of Delegates on a 75-22 vote on Friday afternoon.
The House passed a version with far more detail than what the Senate passed in late February, so the latest version goes back to senators to concur or reject. On Saturday, the Senate and the House agreed on a final version of the bill, sending it to the governor.
“This is a bill that basically moves toward what is in the best interest of the child,” said Delegate Geoff Foster, R-Putnam, “and the reason that is, is, what’s best for a child is keeping both parents involved in that child’s life.” Figuring out child support is a must to still be able to provide the best for the child.
Balancing custody is an issue that has come up year-after-year in the Legislature. Last year, lawmakers on the Senate Judiciary Committee removed a presumption of 50-50 custody, giving judges more flexibility. And the House of Delegates passed a similarly-themed bill in 2020.
Delegate Barbara Fleischauer, D-Monongalia, spoke against the bill, saying its focus isn’t really the child.
“I oppose this bill. I think it’s misnamed. It is not the best interest of the child. It’s the best interest of the two parents who are fighting each other. We don’t need legislation when parents get along,” she said.
“This is not an improvement in the law. It is harder on children.”