ND HB1242

Establishes a rebuttable presumption that shared decisionmaking responsibility and shared residential responsibility (equal or approximately equal parenting time) is in the best interests of the child in custody proceedings

Allows the presumption to be rebutted by preponderance of evidence showing shared custody may cause harm to the child, endanger the child's health, or is not feasible due to parents' circumstances preventing exchanges at least every seven days

Excludes the shared custody presumption when a domestic violence protection order exists against a parent, a parent has perpetrated serious domestic violence or shows a pattern of domestic violence, or a parent has sexually abused any child

Requires courts to provide specific written findings when determining the presumption does not apply or has been rebutted, and to evaluate all best interest factors under section 14-09-06.2

Allows parents with existing custody orders to file a motion seeking redetermination under the new presumption without being subject to standard limitations on postjudgment modifications