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HSB 164

A bill for an act relating to the establishment or modification of legal custody of a child.

2025-2026 Regular Session

The bill requires courts to decide custody with the child’s best interests from the child’s perspective, using a bifurcated burden of proof and dissolution factors.

Subcommittee recommends passage.
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Bill Summary · HSB 164

Summary of HSB 164 (2025)

Overview

HSB 164 proposes changes to how legal custody of a child is established or modified. The bill emphasizes a child-centered approach, aiming for determinations “from the child’s standpoint rather than that of the parents.” It introduces a bifurcated burden of proof based on whether a proposed custody resolution would modify the child’s established custodial environment, and it requires courts to apply dissolution-law custody factors in custodial rights disputes, with a requirement to articulate reasons if any factor does not apply.

Key Provisions

  • Child-centered determination: The court should decide custody issues with the child’s perspective in mind rather than the parents’ perspectives.

  • Burden of proof based on modification:

    • If the proposed resolution modifies the established custodial environment, the proposing parent must prove, by clear and convincing evidence, that the resolution is in the child’s best interest.
    • If the proposed resolution does not modify the established custodial environment, the proposing parent must prove, by a preponderance of the evidence, that the resolution is in the child’s best interest.

  • Best interests standard: In all cases, the resolution must be in the best interest of the child.

  • Use of dissolution factors: During custodial rights disputes, the court must consider all factors that the court is required to consider when determining custody in a dissolution of marriage proceeding.

  • Non-applicable factors: If the court determines a particular factor does not apply, the court must articulate the reasons why that factor does not apply.

Who Is Affected

  • Parents or guardians who file for custody or propose changes to custody arrangements.
  • Courts handling custodial rights disputes, who must apply the modified standards and articulated factors.
  • Children indirectly benefit from a child-centered approach and explicit consideration of factors.

Procedural Timeline and Status

  • Introduced: February 12, 2025 (H.S.B. 164, introduced in the House—Family/Child Custody context).
  • Initial committee action: Subcommittee recommended passage on February 20, 2025.
  • Subcommittee composition and actions:
    • February 17, 2025: Subcommittee reassigned to Lawler, Meyer, B., and Nordman.
    • February 17, 2025: Subcommittee meeting scheduled for February 20, 2025, at 2:00 PM in House Lounge.
    • Original subcommittee members: Lawler, James, and Nordman.

Potential Impact and Considerations

  • The shift to a clear, child-standpoint framework and the differentiated burdens of proof could:
    • Increase emphasis on the child’s welfare in custody decisions.
    • Create a stricter evidentiary standard for modification requests (clear and convincing) versus non-modification requests (preponderance).
    • Enhance transparency by requiring courts to explicitly articulate reasons for declining to apply certain factors.
  • Real-world implications will depend on how courts interpret “modifies the established custodial environment” and how dissolution custody factors map to non-dissolution cases.

Next Steps

If the bill progresses past the subcommittee, it would move to the full committee for debate and potential amendments, followed by floor consideration in the chamber and the other house as applicable.

Compiled from official sources — confirm details with the bill’s official record.

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