The proposed bill would update current statutes by establishing a presumption that equal parenting time is in the best interests of a child when both parents are fit and reside within 25 miles of the child's school. This presumption can be rebutted by a preponderance of the evidence, and if the court awards non-equal parenting time, it must provide specific findings explaining why equal time is not in the child's best interests. The bill also introduces new factors for the court to consider, such as the child's age, developmental needs, and stability of their environment, while emphasizing the importance of the child's wishes in the decision-making process.
Additionally, the bill would remove outdated language from current law and clarify circumstances that would preclude the presumption of equal parenting time, including domestic violence or the child's young age. It mandates that courts prioritize stability and continuity of care, particularly for young children or those with special needs, and ensures that any agreement for equal parenting time is voluntary and in the child's best interests. Overall, the legislation aims to enhance the framework for determining parenting time, promote shared parenting, and reduce conflict in custody disputes.
Statutes affected: Introduced Version: 25-403, 25-403.01, 25-403.02, 25-403.11, 25-404, 25-408, 25-403.03, 13-2907.02, 25-403.04, 25-403.05, 25-401, 25-403.10, 25-411
Senate Engrossed Version: 25-403, 25-403.01, 25-403.02, 25-403.11, 25-408, 25-403.03, 13-2907.02, 25-403.04, 25-403.05, 25-401, 25-403.10, 13-3601, 8-201