2021-2022 Regular SessionDelaware Legislature

HB136: An Act To Amend Title 13 Of The Delaware Code Relating To Parents And Children.

Legislative Summary

The Bill sets forth 8 factors a court must consider in determining a proposed relocation of a child for a period of 60 days or more in litigation involving custody or visitation. These factors include: (1) the nature, quality, extent, and duration of the childs relationship with the individual proposing to relocate and with the non-relocating individuals, siblings and other significant persons in the childs life; (2) the age, developmental stage, needs of the child, and the likely impact of the relocation on the child, taking into account any special needs of the child; (3) the feasibility of preserving the relationship between the non-relocating individual and the child; (4) the childs preference; (5) any established patterns of the relocating individual to thwart or promote the relationship between the child and non-relocating individual; (6) whether the relocation will enhance the general quality of life of the child and relocating individual; (7) the reasons for requesting and opposing the relocation; and (8) any other factor affecting the best interests of the child.

Bill History

3/25/2021
Introduced and Assigned to Judiciary Committee in House
4/20/2021
Reported Out of Committee (Judiciary) in House with 3 Favorable, 6 On Its Merits
4/22/2021
Amendment HA 1 to HB 136 - Introduced and Placed With Bill
5/18/2021
Amendment HA 1 to HB 136 - Passed By House. Votes: 41 YES
5/18/2021
Passed By House. Votes: 41 YES
5/18/2021
Assigned to Judiciary Committee in Senate
6/10/2021
Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits
6/29/2021
Passed By Senate. Votes: 20 YES 1 ABSENT
6/29/2021
Reconsidered in Senate
6/29/2021
Roll Call Rescinded in Senate
6/29/2021
Passed By Senate. Votes: 21 YES
9/15/2021
Signed by Governor

Roll Call Votes

Senate Third Reading
6/29/2021
20
Yea
0
Nay
0
Not Voting
1
Absent
Result: FAILED
Senate Third Reading
6/29/2021
21
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House Third Reading
5/18/2021
41
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED