Relating to the awarding of joint physical care of children to parents awarded joint legal custody

This bill relates to the awarding of joint physical care of children to parents awarded joint legal custody. The bill provides that if joint legal custody is awarded to both parents, a parent requests joint physical care, and both joint custodial parents agree to joint physical care, the court shall award joint physical care to both joint custodial parents unless the court determines by clear and convincing evidence that joint physical care is unreasonable and not in the best interest of the child. The bill provides that in making a determination regarding the awarding of joint physical care, the court shall avoid gender bias and, in addition to the existing factors the court is required to consider in determining the best interest of the child relative to a joint custody arrangement, the court shall consider continuity and stability of care of the child, including the historical care arrangement of the child between the parents; the ability of the parents to communicate with each other and demonstrate mutual respect; the degree of conflict between the parents; and the degree to which the parents are in general agreement about their approach to daily decisions affecting the child. If the court denies the request for joint physical care, the specific findings of fact and conclusions of law that must accompany the decision shall also include the court’s findings of fact relating to the factors specified in the bill.