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Committee advances bill creating rebuttable presumption in favor of joint physical custody
Summary
Senate Bill 2027 would add a rebuttable presumption that joint physical custody is in the best interest of a minor, applicable whether parents were married; sponsors said courts would still apply Albright factors and could document reasons for deviating. The committee approved the bill on a title-sufficient 'due pass' motion.
Senator Barrett presented Senate Bill 2027, explaining the measure would create a rebuttable presumption that joint physical custody (equal parenting time) is in the child's best interest, and that the change would apply regardless of whether parents were ever married. He said the bill provides courts another tool and that courts may deviate and must document reasons for doing so.
Committee members pressed on paternity and rebuttal mechanics. Henry Hickman said paternity and other statutory custody provisions remain in place and that courts would document reasons for deviating (for example, distance between parents). Senator Boyd recalled prior judicial objections to similar proposals and asked whether chancellors had been consulted; Hickman said he had discussed the bill with chancellors and that earlier concerns were addressed by amendments. The committee voted the title sufficient and moved the bill forward on a due-pass motion.
