SF4833

Purpose

• The bill changes how courts determine parenting time in divorce or legal separation cases. It aims to strengthen the parent-child relationship by encouraging more time with both parents, while still protecting the child’s safety and well-being.

Key Provisions

• Presumption in favor of parenting time

  • In cases of dissolution or legal separation, the court must, on request, grant parenting time to help the child maintain a relationship with each parent.
  • There is a rebuttable presumption that it is in the child’s best interests to maximize time with each parent, and the court may reserve decisions about future changes to parenting time.

• Safety and limits

  • If a court finds that parenting time could endanger the child’s physical, mental, or emotional health or safety, or harm emotional development, it may restrict or deny parenting time as appropriate.

• Nonpayment of support

  • A parent’s failure to pay support is not, by itself, a reason to deny or limit parenting time.

• Enforcement and scheduling

  • The court may require law enforcement or another appropriate person to accompany a parent to enforce or comply with parenting time.
  • When awarding parenting time, the court should include a specific schedule (regular time, holidays, vacations, and school breaks) unless parenting time is restricted, denied, or reserved.
  • A form is provided to help pro se (self-represented) parties file a parenting time dispute, including space to describe the facts and the requested relief; the form will not allow a request to change custody.

• Minimum time and methods to measure time

  • There is a strong presumption that each child should receive a substantial portion of time with each parent, aiming for roughly equal time. If 50 percent for each parent isn’t practicable, the court should maximize each parent’s time as close as possible to 50 percent.
  • Time can be measured by overnights or by other methods (e.g., days when the child is with a parent but not overnight).

• Considerations for parent capability

  • The court must include findings about each parent’s ability to follow the parenting time schedule.

• Deviations from the 50/50 presumption

  • If the court deviates from the 50/50 goal and there’s no agreement between the parties, it must provide written findings supported by clear and convincing evidence. Allowed reasons include: 1) A parent has a mental illness diagnosed by a licensed physician or psychologist that endangers the child’s safety. 2) A parent refuses or fails to complete a court-ordered substance use disorder assessment or to follow chemical dependency recommendations. 3) A parent cannot care for the child 50 percent of the time due to an inability to modify schedules (work, school, childcare, medical appointments, etc.). Providing safe alternative care when the parent isn’t available is not counted as an inability to participate in parenting time. 4) A parent repeatedly and willfully fails to comply with a temporary parenting time order. 5) The distance between the parents’ homes makes 50 percent time impractical. 6) The child has diagnosed medical or educational needs that cannot be met under the presumption. 7) A finding that the child is not safe in a parent’s care.

• When considering deviations

  • Reducing a parent’s time under the presumption may hurt that parent’s ability to care for the child and could negatively affect the child.

• Special situations and staged time

  • If the child has not had a relationship with a parent for a year or more, or if the child is age one or younger, the court may order a gradual increase in parenting time. This staged approach can last up to one year; after that, the schedule should move toward the parenting time presumption.

• Age and gender

  • The court should not limit parenting time based solely on the child’s age, and should not consider a parent’s gender, marital status, or relationship status when making parenting time decisions.

• Other details about the presumption

  • It is not considered a deviation from the presumption if a parent receives up to 53 percent of the time and the other parent receives at least 47 percent, or if less than 50 percent is ordered due to domestic abuse or a domestic violence offense, or related offenses.

• Additional factors the court should consider

  • The court should evaluate whether one parent has interfered with the child’s relationship with the other parent without justification, made false abuse allegations, or chronically denied or minimized the other parent’s time to gain an advantage in custody matters.

Significant Changes to Existing Law

• Shift toward equal time emphasis

  • The bill strengthens the presumption that parenting time should be maximized for both parents, moving toward a near-equal (50/50) arrangement when practicable.

• Expanded scheduling and forms

  • It requires a clear, dated schedule for regular and holiday time and provides a pro se filing form to simplify disputes.

• Protections and exceptions

  • It adds safety-focused exceptions where time may be restricted or denied due to risk to the child, including mental health concerns, safety risks, or abuse.

• Clear criteria for deviations

  • It lays out specific, enumerated reasons that can justify deviating from the 50/50 presumption, with required written findings.

• Provisions on enforcement and accessibility

  • It allows for enforcement support and clarifies how time should be measured (overnights and other days).

• Non-penalizing nonpayment

  • It explicitly states that failure to pay support cannot automatically deny or reduce parenting time.

• Non-judgmental on personal attributes

  • It prohibits considering a parent’s gender or marital status when making parenting time decisions.

Practical Takeaways

• Families undergoing dissolution can expect a strong push toward more balanced parenting time, with safety safeguards.
• Courts will require concrete schedules and documented reasons if they deviate from near-equal time.
• The process includes accessible forms to help individuals who represent themselves.

Relevant Terms - parenting time - best interests of the child - presumption - maximize time with each parent - 50 percent presumption / near 50-50 - overnights - substantial time / significant time periods - child’s physical, mental, or emotional health or safety - endanger / danger - substance use disorder assessment - mental illness - domestic abuse / domestic violence - unfounded interference - false allegations - gradual increase in parenting time - pro se motion / forms - custody (not to be requested via the pro se form) - schedule (regular time, holidays, vacations, school breaks) - distance between parents - parental compliance - parental ability to comply with schedule - safeguarding and enforcement (law enforcement accompaniment)