SB 736

This bill creates a presumption that equalizing physical placement to the

highest degree between parents in an action affecting the family is in the child's best

interest.

Under current law, in an action affecting the family, such as a divorce or a

paternity action, a court must determine the legal custody of a minor child based on

the best interest of the child. In current law, there is a presumption that joint legal

custody is in the child's best interest. The court also must allocate periods of physical

placement between the parties. The court is required to set a placement schedule

that allows the child to have regularly occurring, meaningful periods of physical

placement with each parent and that maximizes the amount of time the child may

spend with each parent, taking into consideration geographic separation and

accommodations for different households. The court may deny periods of physical

placement with a parent only if the court finds that the physical placement would

endanger the child's physical, mental, or emotional health. When determining

custody and periods of physical placement, the court is required, under current law,

to consider a number of factors, such as the wishes of the child and of the parties, the

interaction and interrelationship of the child with his or her parents, the amount and

quality of time that each party has spent with the child in the past, the child's

adjustment to the home, school, and community, and the cooperation and

communication between the parties.

This bill provides that, when the court allocates periods of physical placement,

instead of maximizing the amount of time a child may spend with each parent, taking

into consideration geographic separation and accommodations for different

households, the court must presume that a placement schedule that equalizes to the

highest degree the amount of time the child may spend with each parent is in the

child's best interest. This presumption may be rebutted if the court finds by a

preponderance of the evidence, after considering the custody and placement factors,

that equalizing physical placement would not be in the child's best interest. The bill

also makes the geographic separation of the parties an additional custody and

placement factor for the court to consider in every case when determining custody

and periods of physical placement.