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Bill

S 4128

Establishes the presumption in matrimonial proceedings of awarding shared parenting of minor children

2025 Regular Session Introduced by Kevin Parker

Bill S 4128 presumes shared parenting in custody cases, promoting equal parenting roles post-divorce to prioritize children's best interests and maintain their relationships.

REFERRED TO CHILDREN AND FAMILIES
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Bill Summary · S 4128

Summary of Bill S 4128

Bill Information

  • Bill Number: S 4128
  • Title: Establishes the presumption in matrimonial proceedings of awarding shared parenting of minor children
  • Status: Referred to Children and Families
  • Introduced: February 03, 2025
  • Classification: Bill

Purpose and Intent

Bill S 4128 aims to establish a legal presumption in matrimonial proceedings that shared parenting is in the best interest of minor children. The intent is to promote a more equitable distribution of parenting responsibilities and time between both parents following a separation or divorce.

Key Provisions

  • Presumption of Shared Parenting: The bill proposes that courts will start from the assumption that shared parenting is preferable unless evidence suggests otherwise. This means that both parents would be considered equally for custody arrangements.
  • Best Interest of the Child Standard: The bill reinforces that any decisions made regarding parenting arrangements must prioritize the welfare and best interests of the child.
  • Judicial Considerations: Courts will be required to consider various factors when determining if shared parenting is appropriate, including the child’s relationship with each parent, the parents' ability to cooperate, and any history of domestic violence or substance abuse.

Who Would Be Affected

  • Parents: The bill primarily impacts parents undergoing divorce or separation, as it shifts the default assumption regarding custody arrangements.
  • Children: Minor children of parents who are separating or divorcing will be directly affected, as the bill aims to ensure they maintain relationships with both parents.
  • Family Courts: The judicial system will need to adapt to this new presumption, potentially leading to changes in how custody cases are handled.

Procedural Aspects

  • Current Status: As of February 3, 2025, the bill has been referred to the Children and Families Committee for further consideration.
  • Related Legislation: This bill follows a series of related bills from prior sessions (S 2375, S 949, S 4281, S 6968, S 2267, S 4260, S 4667, S 5282), indicating ongoing legislative interest in family law reform.

Conclusion

Bill S 4128 represents a significant shift in how custody arrangements are approached in matrimonial proceedings, emphasizing shared parenting as a default option. If enacted, it could lead to more balanced parenting roles post-separation, with the overarching goal of serving the best interests of children involved. Further discussions and evaluations by the Children and Families Committee will determine the bill's future trajectory.

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

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