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SB 26 - Child Custody - emotional, physical or psychological abuse evidence

Burton, Joe (5th)

Status Summary	SC:	Judy	HC:	Judy	FR:	01/15/99	LA:	03/08/99	H - Read 2nd Time (CS )

First Reader Summary

A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to provide for consideration of evidence regarding emotional, physical, or psychological abuse; to provide that under certain circumstances the court shall be authorized to order that visitation take place only under supervision.

SB 26  99                                         LC 10 2860S 
                                                       (SCS) 
      SENATE BILL 26 
 
      By:  Senator Burton of the 5th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 1 of Chapter 9 of Title 19 of the Official 
  1- 2  Code of Georgia Annotated, relating to general provisions 
  1- 3  concerning child custody proceedings, so as to provide for 
  1- 4  consideration of evidence regarding emotional, physical, or 
  1- 5  psychological abuse; to provide that if a final custody or 
  1- 6  visitation order has been executed by the court between the 
  1- 7  parties relative to the child, only evidence of abuse which 
  1- 8  has occurred from and after the date of the final custody or 
  1- 9  visitation order shall be received and considered by the 
  1-10  court; to provide that under certain circumstances the court 
  1-11  shall be authorized to order that visitation take place only 
  1-12  under supervision; to provide for modification of orders of 
  1-13  supervised visitation under certain conditions; to repeal 
  1-14  conflicting laws; and for other purposes. 
 
  1-15       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-16                           SECTION 1. 
 
  1-17  Article 1 of Chapter 9 of Title 19 of the Official Code of 
  1-18  Georgia Annotated, relating to general provisions concerning 
  1-19  child custody proceedings, is amended by inserting in 
  1-20  subsection (a) of Code Section 19-9-1, relating to the 
  1-21  determination of child custody, a new paragraph between 
  1-22  paragraphs (2) and (3) to be designated paragraph (2.1) to 
  1-23  read as follows: 
 
  1-24      "(2.1) In any proceeding where the custody of a child or 
  1-25      visitation by a parent is at issue and there is no 
  1-26      finding of family violence, the court shall receive, if 
  1-27      not previously received, and consider evidence of 
  1-28      emotional, physical, or psychological abuse committed by 
  1-29      one parent against the other parent, a member of the 
  1-30      household, or the child; provided, however, that if a 
  1-31      final custody or visitation order has been executed by 
  1-32      the court between the parties relative to the child, 
  1-33      only evidence of abuse which has occurred from and after 
  1-34      the date of the final custody or visitation order shall 
  1-35      be received and considered by the court.  Where the 
 
 
                                 -1- 
 
 
 
  2- 1      evidence establishes that there is probable cause for 
  2- 2      concern for the safety and well-being of the child, the 
  2- 3      court shall be authorized to order that visitation 
  2- 4      involving the perpetrator of such abuse take place only 
  2- 5      under supervised conditions.  After entering any such 
  2- 6      order, the court, sua sponte, or upon a motion by the 
  2- 7      parent subject to the order, may review such order of 
  2- 8      supervised visitation and, upon a showing by a 
  2- 9      preponderance of the evidence of parental rehabilitation 
  2-10      and abatement of the conduct on which the order of 
  2-11      supervised visitation was based, may modify such order 
  2-12      and modify or eliminate the requirement for supervision 
  2-13      as is in the best interest of the child." 
 
  2-14                           SECTION 2. 
 
  2-15  Said article is further amended by inserting in subsection 
  2-16  (a) of Code Section 19-9-3, relating to discretion of court 
  2-17  in custody disputes, a new paragraph between paragraphs (3) 
  2-18  and (4) to be designated paragraph (3.1) to read as follows: 
 
  2-19      "(3.1) In any proceeding where the custody of a child or 
  2-20      visitation by a parent is at issue and there is no 
  2-21      finding of family violence, the court shall receive, if 
  2-22      not previously received, and consider evidence of 
  2-23      emotional, physical, or psychological abuse committed by 
  2-24      one parent against the other parent, a member of the 
  2-25      household, or the child; provided, however, that if a 
  2-26      final custody or visitation order has been executed by 
  2-27      the court between the parties relative to the child, 
  2-28      only evidence of abuse which has occurred from and after 
  2-29      the date of the final custody or visitation order shall 
  2-30      be received and considered by the court.  Where the 
  2-31      evidence establishes that there is probable cause for 
  2-32      concern for the safety and well-being of the child, the 
  2-33      court shall be authorized to order that visitation 
  2-34      involving the perpetrator of such abuse take place only 
  2-35      under supervised conditions.  After entering any such 
  2-36      order, the court, sua sponte, or upon a motion by the 
  2-37      parent subject to the order, may review such order of 
  2-38      supervised visitation and, upon a showing by a 
  2-39      preponderance of the evidence of parental rehabilitation 
  2-40      and abatement of the conduct on which the order of 
  2-41      supervised visitation was based, may modify such order 
  2-42      and modify or eliminate the requirement for supervision 
  2-43      as is in the best interest of the child." 
 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 3. 
 
  3- 2  All laws and parts of laws in conflict with this Act are 
  3- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-