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.
