Bill > HB1386

This bill establishes a legal presumption that joint custody, meaning both parents share legal decision-making and physical care of the child for roughly equal amounts of time, is in the child's best interest during initial child custody proceedings, regardless of the parents' marital status or gender. The court can consider several factors when determining what's best for the child, including the child's preferences if they are mature enough, the distance between parents' homes and the child's school, parents' work schedule flexibility, and their ability to help with after-school care, along with any other relevant factor. If, after considering all evidence, the court finds by a "preponderance of the evidence" (meaning it's more likely than not) that joint custody is not in the child's best interest, it can award sole custody to one parent and must explain the reasons for its decision on the record, while still ensuring frequent and ongoing contact between the child and the non-custodial parent.