The bill amends the Child Custody Act of 1970 by updating the definitions and considerations for determining the "best interests of the child." It specifies that the court must evaluate various factors, including emotional ties, the ability to provide guidance and care, the stability of the child's environment, and the willingness of parents to foster a relationship with the other parent. Notably, the bill introduces a requirement for the court to document its findings and conclusions in writing when making determinations regarding the best interests of the child.
Additionally, the bill establishes a presumption in favor of equal or approximately equal parenting time for parents in custody disputes, which can only be rebutted by clear and convincing evidence. It also includes provisions that restrict custody rights for biological parents convicted of criminal sexual conduct or found to have committed acts of nonconsensual sexual penetration against the child's other parent. The bill clarifies that an offending parent cannot gain custody without consent from the other parent or guardian and maintains that such a parent's support obligations remain intact, regardless of custody decisions.
Statutes affected: House Introduced Bill: 722.23, 722.25