Relating to the awarding of joint custody and joint physical care

This bill relates to the awarding of custody of a child. The bill amends the factors upon which the court determines the custody arrangement that is in the best interest of the child by eliminating the factor of whether one or both of the parents agree or are opposed to joint custody. The bill establishes a rebuttable presumption in favor of the awarding of joint physical care if the court awards joint legal custody to both parents, and requires the parents to submit a joint physical care parenting plan. If the court does not award joint physical care, the bill requires the court to cite clear and convincing evidence that the awarding of joint physical care is unreasonable and not in the best interest of the child, to the extent that the joint physical care relationship between the child and each parent should not be equal. A finding by the court that a history of child abuse or neglect exists relative to the child is sufficient to rebut the presumption in favor of the awarding of joint physical care. The bill makes conforming changes in the Code due to the elimination of the factor of whether one or both of the parents agree or are opposed to joint custody relative to determining the best interest of the child.