Bill > H1330

This bill, concerning child custody, aims to establish a legal framework that presumes shared legal and physical custody between parents unless it's proven not to be in the child's best interest. It defines "sole legal custody" as one parent making major decisions, "shared legal custody" as both parents mutually sharing these responsibilities, "sole physical custody" as the child residing with one parent, and "shared physical custody" as the child spending time with both parents to ensure frequent and continued contact. The bill mandates that in custody cases, parents' rights are considered equal in the absence of misconduct, and the child's welfare is paramount, including assessing if current or past living conditions negatively impact the child's health. It introduces a temporary shared custody provision upon filing an action, unless specific findings justify sole custody due to concerns like substance abuse, desertion, or parental alienation, and requires a plan for resolving future disputes through arbitration, agreement, or court intervention. The bill also clarifies that restraining orders under Chapter 209A will be considered, and if shared custody is ordered despite such an order, specific findings are required. Furthermore, it mandates that parties seeking contested custody submit a shared custody implementation plan detailing education, healthcare, dispute resolution, and visitation schedules, and that courts consider these plans as evidence, with a strong presumption in favor of shared custody that can only be overcome by a preponderance of evidence. Finally, it allows for modification of child support orders based on shared custody arrangements and grants both parents, including non-custodial or joint custodial parents, full access to a child's academic, medical, and health records unless a specific court order states otherwise.