Legislative Update

FAMILY LAW

Chapter
Number

Description

CHAPTER 45
SB 1045

Go to full text

CHILD CUSTODY; RECODIFICATION

Sen. Johnson, et al

 

Statutes relating to child custody and visitation are reorganized. No substantive changes to the law were enacted.  This was the result of research and recommendations by the Domestic Relations Committee.

 

Statutes Affected:  25-403; 25-411; 25-403.01; 25-403.02; 25-403.03; 25-403.04; 25-403.05; 25-403.06; 25-403.07; 25-403.08; 25-403.09; 25-408

CHAPTER 87
SB 1071

Go to full text

DOMESTIC VIOLENCE FATALITY REVIEW TEAMS

Sen. Waring

 

Authorizes a political subdivision to establish a domestic violence facility review team to examine incidents of domestic violence-related fatalities in order to understand better the dynamics of these fatalities. The review team reports its findings and recommendations as to how incidents of domestic violence related fatalities may be prevented and how the system can be improved to the Office of the Attorney General. The makeup of the review team is specified in the law and, among other members, specifies that one of the members must be a representative from a county or municipal court.

 

Statutes Affected:  41-198

CHAPTER 108
SB 1314

Go to full text

CHILD SUPPORT; PATERNITY REGISTRY

Sen. Waring, et al

 

Requires the DES to maintain the paternity registry. The registry shall include any voluntary acknowledgement obtained or received by a public or private entity, or orders of paternity or maternity transmitted by the Clerk of the Superior Court. 

 

Statutes Affected:  25-818

CHAPTER 130
HB 2249

Go to full text

CHILD SUPPORT; DISABILITIES; PATERNITY

Rep. Hershberger, et al

 

Provides criteria for determining child support for a disabled child past the age of majority.  Provides the court with authority to determine child support if the respondent admits or does not deny maternity or paternity in a written response.  Eliminates oral answers and allows the court to enter maternity or paternity judgments if the respondent does not reply.

 

Statutes Affected:  25-320; 25-802; 25-805, 25-806; 25-807; 25-808; 25-809; 25-810; 25-812; 25-813; 25-816; 25-817

CHAPTER 137
HB 2428

Go to full text

EMANCIPATION OF MINORS

Rep. Anderson, et al

 

Establishes court proceedings and criteria for a minor, who is at least 16 years of age, to become emancipated from the minor’s parents.  Emancipated minors have certain rights as adults, including the ability to sue and be sued, buy and sell property, incur debts, access records, obtain certain licenses, etc. 

 

Creates the Emancipation Administrative Costs Fund, financed by the filing fee for emancipation, and administered by the County Treasurer to cover the costs associated with emancipation. 

 

From October 1, 2005 through September 30, 2007 , the AOC is required to collect information relating to emancipation and file a report to be included in its annual report.

 

Statutes Affected:  12-284; 12-284.03; 12-2451; 12-2452; 12-2453; 12-2454; 12-2455; 12-2456; 28-3165; 28-3166

CHAPTER 174
SB 1313

Go to full text

 SUPPORT PAYMENTS; ELECTRONIC TRANSFERS

Sen. Waring, et al

 

The Department of Economic Security is required to establish a mandatory process for transferring support payments electronically to an account designated by the person to whom the payments are owed. The person will have access to the account using an electronic access card issued by the department. Electronic transfer is mandatory unless hardship can be shown in writing. If electronic transfer is not feasible, DES may authorize payment by warrant.

 

Emergency clause; effective April 22, 2005

 

Statutes Affected:  46-445

CHAPTER 220
HB 2220

Go to full text

KINSHIP FOSTER CARE

Rep. Landrum Taylor, et al

                  

Establishes the Kinship Foster Care Program in DES to encourage relatives of the child to provide foster care. Relatives may be licensed or unlicensed and receive compensation for the services. Requires DES to adopt rules, establishes reporting requirements. 

 

Statutes Affected:  8-514.03; 8-514.04