Courts would start initial custody decisions with an equal-time presumption

For an initial physical custody decision, a court would presume that roughly equal time with each parent serves the child’s best interest. This applies to an initial court decision about a minor child’s physical custody between parents. The text describes joint physical custody as an approximately and reasonably equal division of the child’s time, set by the parents’ agreement or a court order. Either parent may petition for the initial custody decision. Evidence based on the child’s best-interest factors could rebut the presumption. The presumption would not apply if the contrary presumption under § 25-4A-22 has been created. The presumption would apply when either parent petitions for an initial physical custody decision, unless the contrary presumption under § 25-4A-22 applies.

The court would consider the child’s best-interest factors and make written findings about the child’s best interest. This concerns a court deciding a petition for an initial physical custody determination. Both parties may waive the findings under § 25-4A-24, or the parents may stipulate to an agreement resolving the petition.