2005 House Bill 5267

Establish joint custody presumption

Introduced in the House

Oct. 6, 2005

Introduced by Rep. Leslie Mortimer (R-65)

To establish that in a custody dispute between parents, a court must order joint custody unless it determines by clear and convincing evidence that a parent is unfit, unwilling, or unable to care for the child; or unless the parent moves outside the school district and is unable to maintain the child's school schedule without interruption. In that case, the court must order that the parents submit to mediation to determine a custody agreement that maximizes both parents' ability to participate equally in a relationship with their child while accommodating the child's school schedule.

Referred to the Committee on Families and Childrens Services