DECREE FOR CUSTODY AND SUPPORT OF CHILD
Under present law, neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody is established, but the court has the widest discretion to order a custody arrangement that is in the best interest of the child.
Unless both parents have agreed to a custody arrangement and parenting plans, orders for custody arrangements must include written findings of fact and conclusions of law to support the basis for the order. Unless the court finds by clear and convincing evidence to the contrary, there is a presumption that joint custody is in the best interest of a minor child where the parents have agreed to joint custody or so agree in open court at a hearing for the purpose of deterring the custody of a minor child or the purpose of assisting the court in making a determination whether an award of joint custody is appropriate, the court may direct that an investigation be conducted. The burden of proof necessary to modify an order of joint custody at a subsequent proceeding is by a preponderance of the evidence.
This bill rewrites the provisions above to provide instead that there is a presumption, rebuttable by a preponderance of the evidence, that joint legal custody and equally shared parenting time is in the best interest of the child. For the purpose of assisting the court in determining whether a deviation from joint legal custody and equally shared parenting time is warranted, the court may direct that an investigation be conducted. Orders for other than joint legal custody and equally shared parenting time must be based on written findings of fact and conclusions of law to the contrary. A written finding of fact or conclusion of law to the contrary must be included in the custody order. The burden of proof necessary to modify an order of joint legal custody and equally shared parenting time at a subsequent proceeding is by a preponderance of the evidence.
This bill adds that, if a domestic violence order is being or has been entered against a party by another party or on behalf of a child at issue in the custody hearing, then the presumption that joint custody and equally shared parenting time is in the best interest of the child does not apply.
CHILD CUSTODY
Present law provides that, in a suit for annulment, divorce, separation maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination must be made on the basis of the best interest of the child. This bill adds that there is a presumption, rebuttable by a preponderance of the evidence, that joint legal custody and shared parenting time is in the best interest of the child.
Present law provides that, in taking into account the child's best interest, the court must order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child consistent with the factors below, the location of the residences of the parents, the child's need for stability and all other relevant factors, including those listed in law. This bill revises this provision to apply when the court determines that a deviation from joint legal custody and equally shared parenting time is warranted.

Statutes affected:
Introduced: 36-6-101, 36-6-101(a)(2)(A), 36-6-106(a), 36-6-106