SB 74: Shared Parenting Bill

March 27, 2014. The 89^th Legislative Session marked a significant change in child custody law that will alter the way our courts respond to requests of joint physical custody. Simply put, the new law will require the judge to provide written findings of facts and conclusions whenever a parent requests joint physical custody. In those findings the judge will consider certain factors in deciding how the child’s time is split between mother and father. Judges will have the following factors to consider in the findings:

-whether a parent has been convicted of domestic violence
-whether a person has alienated or interfered with the other parents parenting time
-whether parents can communicate effectively
-whether parents can agree on how to generally raise their child
-whether one party is leaving child unsupervised with a sex offender
-whether one party has falsely accused another of child abuse
-whether one or both parties are opposed to shared custody
-whether child will suffer if shared custody is not awarded
-whether both parents have actively cared for the child
-whether a child is strongly opposed to shared parenting
-the geographic proximity of the parents

Each factor is not determinant in itself. A judge would weigh the factors with the best interest of the child in mind. By having the factors we give parents a guide to see if they will qualify for joint physical custody.

The new law will allow current orders to be modified if there is a significant change of circumstances. An enactment of the law does not constitute a significant change of circumstances in itself yet any new modification proceeding would have the law govern the judge’s decision.

For additional information regarding the Shared Parenting Bill or family law, contact the Attorney Amy Klocke at the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.

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