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House Bills 5211–5213, would create a presumption that 50/50 or equal custody is in the best interests of the child. While equal custody may sound reasonable and fair on the surface, extensive evidence-based research shows that this presumption is poor public policy. It increases the risks of harm to children, strains the judicial system, and is associated with higher rates of Adverse Childhood Experiences, and even fatalities including homicide and suicide.
Even when domestic violence is recognized by the court, the level of danger and lethality is often not understood or assessed, limiting the court’s ability to make safe parenting plans. Creating a presumption of equal parenting time would push vulnerable children into unsafe arrangements while offering no benefit to cooperative families who already choose 50/50 custody voluntarily.