Article 1 Section 25
As to the rights of all children, they shall be entitled to the rebuttable presumed right of equal parenting from both biological and/or legal guardians, and that the State shall not abridge this in any way, except in cases where the child would be put into direct and imminent danger. "Equal parenting" as used in this Amendment is defined as the shared parenting role of both parents where the child will spend 50 percent or as close to 50 percent of his or her time as possible with each, and both parents fully empowered with joint legal and joint physical custody. In other cases where the child has not been injured or directly threatened, the State shall be burdened with the responsibility to promote, encourage, and establish a process in which, through counseling, mediation and education of the parent who the State has proven to be not ready for the dual parenting role can attain the level of skills or conditions to qualify The end result of this process shall be the intent of setting realistic goals for the parent in counseling and or educational steps to be able to participate equally in a dual parenting role as is practical for the benefit of the child Further, the denied parent must be informed in writing witnin 30 days what areas the parent was found to be lacking, and what exactly they need to do to be granted full equal parenting rights. Where the exception clause is not applicable, the parents may also mutually agree to an arrangement of sole physical custody awarded to either parent Further, given rise to changing circumstance this will not exclude a petition or motion to the court to have this altered at a later date to "Equal Parenting" as defined in this section The courts must at all times barring the applicability of the exception clause, treat both parents equally in all matters associ ated with child rearing And all laws that apply to custodial parents must be equally applied to noncustodial parents and vice versa. Both parents must submit a parenting plan to the Judicial autnority nandling the divorce or paternity case and disputes will be mediated as needed to bring about the best possible constructive resolution This mediation is to include but not limited to issues such as, which school district shall be used, and the sharing of latch key services or day care that will meet each parent's plan or one determined by the mediator. The goal or spirit of this amendment is to provide the catalyst for positive change by giving the children of this State unencumbered support from both parents, and fostering an environment of sharing in which the child is free to express and receive love from both the maternal and paternal parents The desire is also that the children will have enough time to keep intact their relationships with their other relatives, who many times rarely ever see the child again after a divorce, separation, or paternity suit A more equitable time share between parents also affords the child enough time to develop friends near both parents homes which is of great importance to tne cnildren as they develop into young adults. This amendment also establishes the basis for determining violation of this amendment and the following penalties or remedies to include but are not limited to the following Those persons, including litigants, attorneys, government officials or agencies involved directly or having input into the individual cases, or their agents, who subvert or attempt to subvert this amendment by creating unnecessary delays or the use of the exception clause of this amendment through unsubstantiated allegations, or allegations that do not directly involve the child are guilty of violating this amendment. Unnecessary delays shall be defined as periods of time from the filing of a motion to hearing in excess of 60 days, time in excess of 30 days of a ruling denying equal parenting to when a written opinion and required remedy which clearly explains what the denied parent must do to quality is submitted to them, and a parent who has been subjected to the exception clause and found not guilty must have equal parenting rights granted and enforced within 7 days, any person who is subjected to the excention clause has the right to have their case heard within 90 days Those found to be not in compliance shall be subject to the following penalties as applicable by law civil and criminal liability, disbarment, removal from office, and grounds for impeachment. The Legislature shall provide by law for the full implementation of this amendment and may legislate additional time limitations that are not in conflict with those listed as the unnecessary delays defined in this amendment. If any subsection of this section or part of Article 1, Section 25, or the available section that this amendment should become numerically assigned at the time of it's implementation is for any reason held to be Invalid or unconstitutional, the remaining subsections or portion thereof shall not be affected but will remain in full force and effect.