Relating to the consideration of fraudulent concealment of sexual orientation in a marriage application form and license to marry in the awarding of child custody

The bill provides that in addition to any other information contained in an application form for a marriage license and a marriage license, the application form and license shall contain information about the applicant’s sexual orientation as disclosed on the application form by each applicant. The application form is to include boxes for the applicant to check to indicate the applicant’s sexual orientation, a statement that a marriage license shall not be granted if such information is not provided, and an explanation that nondisclosure or misrepresentation of sexual orientation on the form and license constitutes fraudulent concealment of sexual orientation and is a factor in determining the custody arrangement that is in the best interest of a minor child. The bill provides that in the determination of custody of a child of the parties in a dissolution action, if the court finds that fraudulent concealment of sexual orientation exists, a rebuttable presumption against the awarding of joint custody exists. Additionally, the bill provides that a finding by the court in a dissolution action that fraudulent concealment of sexual orientation exists, which is not rebutted, shall outweigh consideration of any other factor in the determination of the awarding of joint custody. The bill provides that if the court determines in a dissolution action that fraudulent concealment of sexual orientation exists, the court may forego the requirement that the parties participate in custody mediation to determine whether joint custody is in the best interest of the child. The bill provides that fraudulent concealment of sexual orientation is a factor, in a dissolution action, for a court to consider in determining the custody arrangement that is in the best interest of the child, and provides that fraudulent concealment of sexual orientation is evidenced by nondisclosure or misrepresentation of a party’s sexual orientation at the time of the marriage to the other party on the party’s application form for a marriage license and the party’s license to marry.