HB 365 Summary

• Establishes a rebuttable presumption that joint custody is in the best interest of the child, which can only be overcome by written findings of fact showing joint custody is not in the child's best interest.

• Requires parenting plans to be submitted in all child custody cases (previously only required when both parents requested joint custody), with courts authorized to establish plans when parents cannot agree.

• Specifies parenting plan contents including division of child care responsibilities, schedule of time with each parent, health care designations, school enrollment address, transportation arrangements, and communication methods.

• Provides remedies when a parent refuses without proper cause to follow the parenting plan schedule, including compensatory time, court costs and attorney fees, mandatory parenting courses, and reimbursement of actual costs incurred.

• Clarifies that joint physical custody does not necessarily mean equal time, defines key custody terms (joint legal custody, nonresidential custodial parent, sole primary physical custody, restricted physical custody), and protects all existing domestic and family abuse provisions.

• Becomes effective January 1, 2023.