08 LC 29
3314
Senate
Bill 550
By:
Senators Mullis of the 53rd, Cowsert of the 46th, Harp of the 29th, Schaefer of
the 50th, Wiles of the 37th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to
the discretion of the judge in child custody disputes, so as to provide that
residing with or marrying a person who is registered on the state sexual
offender registry shall, in and of itself, constitute a change of material
condition or circumstance; to provide for related matters; to provide for an
effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 19-9-3 of the Official Code of Georgia Annotated, relating to the
discretion of the judge in child custody disputes, is amended by revising
subsection (b) as follows:
"(b)
In any case in which a judgment awarding the custody of a child has been
entered, on the motion of any party or on the motion of the judge, that portion
of the judgment effecting visitation rights between the parties and their child
or parenting time may be subject to review and modification or alteration
without the necessity of any showing of a change in any material conditions and
circumstances of either party or the child, provided that the review and
modification or alteration shall not be had more often than once in each
two-year period following the date of entry of the judgment. However, this
subsection shall not limit or restrict the power of the judge to enter a
judgment relating to the custody of a child in any new proceeding based upon a
showing of a change in any material conditions or circumstances of a party or
the child. A
party´s action of residing with or marrying a person who is registered on
the state sexual offender registry shall, in and of itself, constitute a change
of material condition or circumstance in any action seeking a modification or
change in the custody of that
child."
SECTION
2.
This
Act shall become effective on July 1, 2008, and shall apply to all child
custody, visitation, and parenting time orders in effect on or after July 1,
2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.