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Changes to Timesharing Laws

On July 1, 2023 a new law went into effect that establishes a legal presumption for 50-50 timesharing (i.e. custody).  This applies to all cases pending as of July 1st.  The law creates a rebuttable presumption that 50-50 timesharing is in the best interests of a minor child.  This presumption can be rebutted by requiring the court to analyze certain factors and proving by a preponderance of evidence that a 50-50 timesharing schedule is not in the best interests of the minor child. 

Other changes to the timesharing laws include the following:

  • A parenting plan may be modified if one parent relocates within 50 miles of the other parent.
  • A parenting plan can be modified without showing an unanticipated change in circumstances. However, to modify a parenting plan, the parent seeking to modify it must still show a substantial and material change in circumstances and that the modification sought is in the best interests of the minor child. 

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