Bill > H1306

This bill proposes changes to divorce proceedings concerning child custody, aiming to establish a presumption of shared parenting. It removes language that previously required courts to consider if a child's living conditions adversely affected their health and instead inserts a new provision stating that parents shall have temporary shared legal custody (meaning both parents have the right to make major decisions about the child's upbringing) and shared physical custody (meaning the child spends significant time with both parents) upon filing for divorce, unless there are emergency conditions, abuse, or neglect. The bill creates a presumption that shared legal and physical custody is in the child's best interest, and a judge can only order sole custody for one parent if they make written findings explaining why shared custody would harm the child. It also emphasizes that parents' rights to custody should be considered equal and that courts should try to maximize a child's time with both parents, considering changes in parental availability or a child's development as significant reasons to modify custody arrangements. The bill also clarifies that failure to submit a shared custody plan does not negate the presumption of shared custody or the child's right to contact with both parents, and it makes adjustments to how child support orders are handled when shared physical custody is ordered.