HB 1194

Bill Subjects

Abstract

Provides that if a court in a paternity or child custody proceeding does not award joint legal custody or joint physical custody of a child, the court shall enter findings of fact and conclusions of law citing clear and convincing evidence that awarding joint legal custody or joint physical custody is unreasonable and not in the best interest of the child. Provides for a court in a proceeding to modify custody to consider any substantial changes in the facts underlying a previous court decision not to award joint legal custody or joint physical custody. Provides that in allocating parenting time, there is a rebuttable presumption that it is in the best interests of the child for parenting time to be allocated equally or nearly equally between the child's custodial parent and the child's noncustodial parent. Provides that a finding by the court that a history of child abuse or neglect exists with respect to the child is sufficient to rebut the presumption.