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 care, the child's living environment, and any history of domestic violence. Notably, the bill introduces a requirement for courts to document their 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 parenting time in disputes between parents, which can only be rebutted by clear and convincing evidence. It also includes provisions that restrict custody rights for biological parents convicted of certain sexual offenses against the child or found to have committed acts of nonconsensual sexual penetration. The bill clarifies that an offending parent cannot gain custody without the consent of the other parent or guardian and maintains that such a parent's support obligations remain intact, regardless of custody decisions.
Statutes affected: Senate Introduced Bill: 722.23, 722.25