Courts would apply presumptions for shared custody and parenting time

Courts would presume that joint legal and physical custody is in the child’s best interests when either or both parents request it. This applies when a court decides custody based on the child’s best interests. The presumption can be rebutted. If domestic abuse occurred between the parents, courts would instead presume that joint legal custody or joint physical custody is not in the child’s best interests. Courts would consider the abuse’s nature and context and its effects on parenting and the child’s safety, well-being, and development.

Without other evidence, courts would presume that a child should spend at least 50 percent of parenting time with each parent. This applies when there is no other evidence in a parenting-time decision. The presumption can be rebutted. Courts may count overnights or use another method when a parent has significant periods of physical custody on separate days without an overnight stay. Courts may consider the child’s age when deciding whether a period counts as significant.