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IN HB1306
Bill
Status
1/14/2019
Primary Sponsor
Christopher Judy
Click for details
AI Summary
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Creates a rebuttable presumption that joint legal custody awards should also include joint physical custody, defined as physical custody allocated equally or as equally as practicable between parents
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Allows courts to rebut the joint physical custody presumption upon finding a history of child abuse or neglect with respect to the child
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Requires courts denying joint physical custody to cite clear and convincing evidence that joint physical custody would be unreasonable and not in the child's best interest
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Eliminates the requirement that courts treat parental agreement on joint legal custody as a "primary, but not determinative" factor in custody decisions
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Effective date: July 1, 2019
Legislative Description
Presumption in favor of joint physical custody. Provides that an award of joint legal custody of a child creates a rebuttable presumption in favor of awarding joint physical custody of the child to the individuals who are awarded joint legal custody. Provides that a finding by the court that a history of child abuse or neglect exists with respect to the child is sufficient to rebut the presumption in favor of joint physical custody. Requires a court that: (1) awards joint legal custody of a child; but (2) does not award joint physical custody of the child to the individuals who are awarded joint legal custody; to cite clear and convincing evidence that awarding joint physical custody to the individuals is unreasonable and not in the best interest of the child. Eliminates a requirement that a court consider agreement between the parties in a custody proceeding to share joint legal custody to be a primary, but not determinative, factor in determining whether awarding joint legal custody is in the best interest of a child.
Last Action
Representative Hatfield added as coauthor
1/29/2019