Under existing law, it is the policy of the state to assure that minor children have frequent and continuing contact with parents who act in the best interest of their children. This bill would create a rebuttable presumption that: (i) joint legal custody; and (ii) frequent and continuing contact and substantial parenting time with both parents are in the best interest of the child, except in cases of domestic or family violence. If the court does not grant joint legal custody and substantial parenting time, this bill would require the court to make specific findings supporting the determination that the presumptions were overcome. This bill would specify information that must be addressed in the final order of the court, such as division of holidays, communication, and child support. This bill would also remove a provision requiring parents to submit an agreement detailing certain matters relevant to the care and custody of the child.

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