PRESUMPTION OF JOINT CUSTODY & EQUALLY SHARED PARENTING TIME
Present law provides there is neither a preference or a presumption for or against joint legal custody, joint physical custody, or sole custody. However, unless there is clear and convincing evidence to the contrary, there is a presumption that joint custody is in the best interest of the child when the parents have agreed to joint custody. Generally, a court must have 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 plan, orders for custody arrangements must include written findings of law supporting the basis for the order. The court is authorized to direct that an investigation be conducted to determine whether joint custody is appropriate. Also, the burden of proof necessary to modify an order of joint custody at a later proceeding is preponderance of the evidence.
This bill deletes the above provisions and provides, 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, this bill authorizes the court to direct that an investigation be conducted. If orders other than joint legal custody and equally shared parenting time are filed, then these must be based on written findings of fact and conclusions of law, and these findings must be included in the custody order. Also, the burden of proof necessary to modify an order of joint legal custody, and equally shared parenting time, at a later proceeding is still by a preponderance of the evidence.
DOMESTIC ABUSE EXCEPTION
This bill provides that if an order relating to domestic abuse 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, separate maintenance, or any other proceeding requiring the court to make a custody determination about a child, the determination must be made on the basis of the best interest of the child. Additionally, a court, taking into account the child's best interest, must order a custody arrangement permitting both parents to enjoy the maximum participation in the child's life and all other relevant factors.
This bill clarifies 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. Additionally, this bill removes taking into account the best interest of the child and requires the court to determine that a deviation from joint legal custody and equally shared parenting time is warranted before a court orders a custody arrangement permitting both parents to enjoy the maximum participation in the child's life and all other relevant factors.

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