PFM update / North Dakota Shared Parenting Initiative: The Secretary of States Office for the State of North Dakota has certified this as Official Ballot Measure for this November. It does not have a Ballot Measure Number yet. In many of the western US states, there is the ballot initiative process, where if the citizens of the state get enough signatures, they can put a ballot measure up for a vote (in an official election) to become law. In essence, by-pass the state legislature for the creation of new laws. It would awesome to get everyone solidly behind this in a gender inclusive sort of a way ... A broad effort with many people involved. If one state goes this route, others will follow! ;) :) Below is the substantive language as it will appear on the ND ballot initiative, some existing statutory language in the measure is not included in the following version. ~ RK It is the policy of the State of North Dakota that no requesting biological or adoptive parent shall be denied equal parental rights and responsibilities, equal parenting time, equal primary residential responsibility, and equal decision making responsibility of a child in a custody case. It is the policy of the State of North Dakota to presume that parents are fit and an award to both parents of equal parental rights and responsibilities, equal parenting time, equal primary residential responsibility, and equal decision making responsibility of a child is in the best interest of the child. The presumption of fitness as a parent shall only be rebutted upon a showing by clear and convincing evidence. The court shall support departures from equal parenting time with written findings of fact and conclusions of law. Fit parents may petition the court for a hearing which the court shall grant to support this statute. The provisions of this section control other provisions of state law that conflict with or are contrary to its provisions… “Equal parenting time” is defined as a rebuttable presumption of approximate and reasonable equal time-sharing of a child with both of the child’s parents or a mutually agreed and signed parenting plan between the parents.
Posted on: Tue, 22 Jul 2014 17:58:48 +0000