Senate advances a rebuttable‑presumption of joint custody, sponsors say it centers children

The Senate debated a conference report to establish a rebuttable presumption that joint custody and equally shared parenting time is the starting point for custody decisions.

Sponsor Senator Wiggins described the measure as child-centered and repeatedly emphasized that the presumption is rebuttable and "the best interest of the child" remains the controlling standard. "If each parent was an obligor, calculate the difference in the two awards ..." he said when explaining how child-support would be computed if joint custody is ordered.

Senators asked detailed procedural and substantive questions: whether abuse would require a higher burden to rebut the presumption (senator Wiggins said no — existing law already rebuts the presumption in those cases), how the measure would affect temporary hearings and modifications (the sponsor said it applies only to initial final custody orders and not to modifications), and whether costs and additional litigation might increase (sponsors argued it should reduce litigation by putting parents on equal footing at the outset).

Several members cited other Southern states that have adopted similar presumptions — sponsor and supporters argued Kentucky and a small group of states have seen improved outcomes, and proponents framed the change as reducing adversarial litigation and legal fees in custody contests.

The floor moved the conference report toward a recorded morning roll call; sponsors and supporters said additional implementation and judicial practice guidance will follow.