Relating to the establishment or modification of legal custody of a child

This bill relates to the establishment or modification of legal custody of a child. If the district court finds by clear and convincing evidence that it is in the best interest of the child, the bill allows the court presiding over a dissolution of marriage case to award separate rights and responsibilities of joint legal custody to each parent. If each parent is awarded separate rights and responsibilities of joint legal custody, both parents retain the right to legal access to information concerning the child. The bill defines “established custodial environment of the child” as an environment in which a child has a stable, permanent, and significant relationship with a parent or a caregiver. The environment includes the physical, emotional, and psychological conditions that support the child’s well-being and development. The bill authorizes a district court to resolve disputes related to custody rights. A parent may initiate a dispute resolution by filing an application with the court and serving process on the other parent. The court must set a hearing on the matter upon receipt of the application. The bill requires a court to determine whether a resolution proposed by either parent will modify the established custodial environment of the child. _____ determination from the child’s standpoint rather than that of the parents. If a proposed resolution will modify the established custodial environment of the child, the parent who proposed the resolution has the burden to establish by clear and convincing evidence that the resolution is in the best interest of the child. If a resolution will not modify the established custodial environment of the child, the parent who proposed the resolution must establish by a preponderance of the evidence that the proposed resolution is in the best interest of the child. The bill requires a court, during a custodial rights dispute resolution, to consider all factors the court is required to consider when considering custody during a dissolution of marriage proceeding. If the court determines a factor does not apply, the court only need articulate the reasons that the factor does not apply.