The bill amends Section 15-5-16 of the General Laws concerning divorce and separation, specifically addressing alimony, counsel fees, and child custody. It establishes a rebuttable presumption that joint legal custody and equally shared parenting time are in the best interest of the child. The family court is required to determine custody based on this presumption, while also considering various factors such as the requests of the child's parents, the reasonable preference of the child (if deemed capable of expressing a preference), the interaction and interrelationship of the child with their parents and siblings, the child's adjustment to their home, school, and community, the mental and physical health of all individuals involved, the stability of the child's home environment, the moral fitness of the parents, and the willingness and ability of each parent to facilitate a close and continuous parent-child relationship.

If a deviation from equal parenting time is warranted, the court must construct a parenting time schedule that maximizes the time each parent has with the child while ensuring the child's welfare. The family court may also consider any other relevant factors not specifically enumerated in the bill when determining the best interest of the child. Additionally, a parent not granted joint legal custody or shared parenting time is entitled to reasonable visitation rights unless the court finds that visitation would seriously endanger the child's physical, mental, moral, or emotional health. The court is required to issue specific orders regarding visitation frequency, timing, duration, conditions, and scheduling, taking into account the developmental age of the child.

The bill takes effect upon passage.

Statutes affected:
7821: 15-5-16