SB 739

This bill allows a judge to enter the terms of certain stipulations as initial orders

before judgment in some actions affecting the family. Under the bill, parties to an

action for divorce, annulment, or legal separation may reach agreement regarding

physical placement, legal custody, child support, property division, maintenance, or

related provisions and file a stipulation with the court specifying the terms of that

agreement. The bill requires that before entering an initial order based on a

stipulation, the judge must hold a hearing on the record with both parties and the

child support agency, if a party, to determine the parties' understanding of the

stipulation and ensure that it is intended by both parties as the initial order on the

terms set forth. The hearing may be held via telephone, video, or electronic means,

and a party or a party's attorney may appear via telephone or video for good cause

shown, but each party must attend the hearing by telephone, video, electronic

means, or in person.

Under the bill, a judge shall incorporate and enter the terms of a stipulation

regarding legal custody, physical placement, or related provisions as an initial order

of physical placement or legal custody after the judge conducts the analysis required

in any action affecting the family with respect to placement and custody, unless the

judge finds that the terms of the stipulation are not in the best interest of the child.

The bill provides that a stipulation regarding legal custody or physical placement is

effective and enforceable as an initial order when entered. Under the bill, the

provisions for modification of orders relating to legal custody or physical placement

start on the date of entry of the order, not the date of judgment. For purposes of initial

orders based on stipulations under the bill, if the judge finds that a parent has

engaged in a pattern or serious incident of interspousal battery or domestic abuse,

the safety and well-being of the child and the safety of the parent who was the victim

of the battery or abuse are required to be paramount concerns in determining legal

custody and periods of physical placement.

Under the bill, before a judge may approve a stipulation relating to child

support, maintenance, or property division, the judge must comply with the

statutory requirements otherwise applicable to such determinations in actions

affecting the family under current law. A party seeking modification of a stipulation

on child support or maintenance must comply with existing statutory requirements

for revision of support and maintenance orders. The bill also provides that a party

seeking relief from a stipulation entered as an initial order relating to property

division must comply with existing statutory requirements for relief from a

judgment or order.