Debate grows over rebuttable shared‑parenting presumption in custody bill

Representative Kathy Freilich introduced House Bill 1242 and told the committee the measure adds definitions for shared decision‑making and shared residential responsibility and “the presumption that shared decision making responsibility and shared residential responsibility is in the best interest of the child.”

Under the bill, courts would start from a legal presumption that shared decision‑making and shared residential schedules are in the child’s best interest unless rebutted by a preponderance of evidence that the presumption would harm the child, endanger the child’s physical or emotional health, or is not feasible because of parental circumstances. Freilich said the presumption is rebuttable and that domestic violence, abuse of…