Bill > S3479

Introduced Session

This bill provides that a presumption of joint legal and equal or approximately equal physical custody in a child custody determination is in the best interests of the child. The current law provides that the court will order any custody arrangement which has been agreed to by both parents unless it is contrary to the best interests of the child. Courts may award joint custody, which is comprised of legal custody or physical custody with the child residing either solely with one parent or alternatively with each parent according to the needs of the parents and the child, and the parents sharing in the decision-making regarding their children's health, education and general welfare; sole custody to one parent with appropriate parenting time for the noncustodial parent; or any other custody arrangement as determined to be in the child's best interest. Existing law also provides that in any custody determination, the best interests of the child is the primary consideration. The bill makes it a presumption that the court will award parents joint legal and equal or approximately equal physical custody of their children. Under the bill, a child will reside for an equal or approximately equal amount of time with each parent in accordance with the needs of the child, and the parents will share decision-making authority and responsibility as to the important decisions affecting the child's welfare. This presumption may be rebutted if the parent can show by clear and convincing evidence that an order of joint legal and physical custody is harmful to the child. If the presumption is successfully rebutted, then a court may award custody in the manner currently prescribed under existing law.

AI Summary

Committee Categories

Anthony Bucco (R)*,  Gerald Cardinale (R)*,  Christopher Bateman (R),  Tom Kean (R), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 11/09/2017)

Official Document