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S1261................................................by JUDICIARY AND RULES CHILD CUSTODY - Amends existing law relating to child custody to provide factors for consideration by a court when determining a proposed relocation of children with a custodial parent. 02/02 Senate intro - 1st rdg - to printing 02/03 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE SENATE SENATE BILL NO. 1261 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CHILD CUSTODY; AMENDING CHAPTER 7, TITLE 32, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 32-717E, IDAHO CODE, TO PROVIDE FACTORS FOR CON- 4 SIDERATION BY A COURT WHEN DETERMINING A PROPOSED RELOCATION OF A CHILD 5 WITH A CUSTODIAL PARTY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 7, Title 32, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 32-717E, Idaho Code, and to read as follows: 10 32-717E. FACTORS TO DETERMINE CONTESTED RELOCATION. In reaching a deci- 11 sion regarding a proposed relocation, the court may give such direction as is 12 necessary or proper in the best interest of the child. Factors to be consid- 13 ered by the court include, but are not limited to: 14 (1) The nature, quality, extent of involvement, and duration of the 15 child's relationship with the person proposing to relocate and with the 16 nonrelocating person, siblings, and other significant persons in the child's 17 life; 18 (2) The age, developmental stage, needs of the child, and the likely 19 impact the relocation will have on the child's physical, educational, and emo- 20 tional development, taking into consideration any special needs of the child; 21 (3) The feasibility of preserving the relationship between the 22 nonrelocating person and the child through suitable visitation arrangements, 23 considering the logistics and financial circumstances of the parties; 24 (4) The child's preference, taking into consideration the age and matu- 25 rity of the child; 26 (5) Whether there is conduct of the person seeking the relocation, either 27 to promote or thwart the relationship of the child and the nonrelocating per- 28 son; 29 (6) Whether the relocation of the child will enhance the general quality 30 of life for both the custodial party seeking the relocation and the child 31 including, but not limited to, financial or emotional benefit or educational 32 opportunity; 33 (7) The reasons each person has for seeking or opposing the relocation; 34 and 35 (8) Any other factor affecting the best interest of the child.
STATEMENT OF PURPOSE RS 13778 The decision regarding a proposed relocation of children is one of the most difficult and complex decisions a family law judge has to make. RS 13778 provides eight factors which a family law judge may consider in doing so. Consistent with recent Idaho Supreme Court decisions, these factors create a balanced standard for judicial decision making. Litigation throughout the State of Idaho may be reduced when parents have statutory standards to follow. These factors were derived from the Model Relocation Act created by the American Academy of Matrimonial Lawyers. FISCAL IMPACT There should be no fiscal impact to state or local governments. Contact Name: Chris D. Bray Telephone: (208) 854-1144 Fax: (208) 854-1133 STATEMENT OF PURPOSE/FISCAL S 1261