HB431 Summary

• Establishes a rebuttable presumption that joint custody is in the best interest of the child, which can only be overcome by clear and convincing evidence set forth in written findings of fact.

• Defines joint physical custody as requiring frequent, substantial, and maximized contact with both parents sharing equal or approximately equal time, with both parents sharing all aspects of parenting.

• Requires all parties in child custody cases to submit a parenting plan specifying time-sharing arrangements; authorizes courts to establish parenting plans when parties cannot agree.

• Creates enforcement remedies for parents who violate time-sharing schedules without proper cause, including makeup parenting time, reimbursement for costs and attorney fees, and court-ordered parenting courses.

• Establishes public policy that courts shall enforce parenting time orders, custody orders, and child support orders with equal importance; effective January 1, 2019.