HB 107 - Child Custody Summary

• Establishes a rebuttable presumption that joint custody and equally shared parenting time is in the child's best interests, which can be overcome by a preponderance of evidence.

• Requires equal custody and visitation sharing when parents live in the same county, unless the court finds a parent unable to provide for the child's best interests or family violence is present.

• Allows courts to deviate from equal parenting time when parents live in different counties or other circumstances prevent equal sharing, while still maximizing time with each parent.

• Adds new custody consideration requiring courts to evaluate the motivations of adults involved and the effect of family violence incidents on the relationship between the child and each parent.

• Updates the definition of "caregiver" in child support and custody statutes to include persons entitled to custody awards under the revised custody provisions or those residing with a minor for six or more continuous months.