Child custody.
Establishes a rebuttable presumption that an award of joint legal custody and joint physical custody is in the best interests of a child in a dissolution of marriage. Provides exceptions for the rebuttable presumption. Requires a court, if a party seeks to rebut the presumption, to consider: (1) the fitness and suitability of each of the persons seeking joint custody; (2) the ability of the parents to communicate and advance the child’s welfare; and (3) whether the child has established a close and beneficial relationship with both of the persons seeking joint custody. Provides that each party is responsible for attorney’s fees and costs associated with certain custody or parenting time proceedings. Requires each party to a mediation to share mediation costs equally. Repeals provisions concerning joint legal custody. Repeals a provision allowing courts to order a party to pay costs of another party in maintaining or defending certain proceedings involving custody and parenting time.
2011 SB 598 Presumptive Joint Custody and PT [PDF]
2011 SB 598 Presumptive Joint Custody and PT
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