Existing law specifies that it is the policy of this state that parents who are divorced or separated have frequent and continuing contact with their children. Existing law also specifies that joint custody does not necessarily mean equal physical custody. This bill would remove existing code language that provides for custody of a child to be granted to a husband in cases of abandonment by the wife only after the child reaches seven years of age. This bill would revise existing definitions regarding custody to be consistent with terminology used in case law. Existing law defines "joint physical custody" as frequent and substantial contact with each parent but does not define what frequent and substantial contact means. This bill would define frequent and substantial contact to mean that the child has equal or approximately equal time with both parents. This bill would create a rebuttable presumption that joint custody is in the best interest of the child and establish uniform guidelines for a court to consider when determining any custody arrangement other than joint custody. Existing law does not require a court to document that the court considered and rejected joint custody and the reasons for the rejection. This bill would require a court to document its reasons for deviating from the presumption that joint custody is in the best interest of the child. Existing law requires the parties in a child custody matter to submit a parenting plan only in cases where the parties request joint custody. This bill would require the parties to submit a parenting plan in all cases, and in the case of a contested divorce, follow a joint custody model; if a parent believes joint custody is not in the best interest of his or her child whose custody is at issue, he or she may file a motion for temporary relief. This bill would require the courts to expedite a motion for temporary relief, and provide certain penalties if a motion for temporary relief is filed in bad faith or without factual support. This bill would authorize the court to establish a parenting plan when the parties are unable to agree upon one. This bill would specify additional remedies to a party when a parent, without proper cause, fails to adhere to the time-sharing schedule in a parenting plan, including makeup parenting time and reimbursement for costs and attorney fees. This bill would set requirements for the modification of physical custody in certain circumstances. This bill would also specify that this act does not limit domestic or family abuse laws.

Statutes affected:
Introduced: 30-3-1, 30-3-150, 30-3-151, 30-3-152, 30-3-153, 30-3-157, 30-3-158, 30-3-1, 30-3-150, 30-3-151, 30-3-152, 30-3-153, 30-3-157