List of shared parenting legislation

Legislation on shared parenting is an attempt at family court reform to make shared parenting more common at the expense of sole custody, so that children of divorced parents can maintain a close daily relationship with both their mother and father. Based on scientific studies showing that children do better with shared versus sole custody, there are many organizations that advocate for shared parenting legislation, such as Americans for Parental Equality, the National Parents Organization, Americans for Equal Shared Parenting the Children's Rights Council, Families Need Fathers, the International Council on Shared Parenting, WISCONSIN for Children and Families(WFCF), and Leading Women for Shared Parenting.[1][2]

The following is a list of shared parenting legislation proposals by state and year along with information from each bill relevant to shared parenting and its current status.

Concepts within Shared Parenting Legislation

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Family courts commonly order sole custody to one parent with visitation rights to the other. The various shared parenting legislation has some variance on a few concepts which will be pointed out here.

  • Legal presumption vs consideration: A rebuttable legal presumption and preference (such as for joint custody over sole custody) give the courts a starting point. If the court determines that the legal presumption is not fit for the case, it must usually state what evidence it considers to have overcome the burden of proof associated with the legal presumption. These presumptions generally make exceptions for children suffering from abuse or neglect. A legal consideration requires the court to consider a specific type of custody, but adds no preference or presumption for it.
  • Joint physical custody vs 50/50 parenting time: Different jurisdictions have differing definitions for joint physical custody. Many don't specify how much time must go to each parent to be considered joint (as opposed to sole) physical custody. Some of the legislation here aims to add a presumption for joint custody, while some of it aims to more clearly establish that parenting time should be approximately equal. Some of the legislation also aims to limit the amount of inequality in parenting time, such as setting it to at worst 35/65.
  • Child support: Most child support guidelines were developed for sole rather than shared custody. This type of legislation specifies how child support should be calculated when there is equal or close to equal parenting time.

Summary table

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Summary Table of Shared Parenting Legislation By Country
Country Year Bill Sponsor(s) Cosponsors Type Lower house Upper house Outcome
Canada 2014 C-560 Vellacott (C) Presumption, 50/50 Failed 80-174 Failed
Finland 2018-19 RP88 Government Consider, 50/50 Pending Pending
Italy 2018 S735 Pillon (LN) 3 (LN), 5 (M5S) Presumption, 50/50 Died in committee Failed
Summary Table of Shared Parenting Legislation By US States
State Year Bill Sponsor(s) Cosponsors Type Lower house Upper house Outcome
Alabama 2017 SB186 Stutts (R) Presumption, joint No vote Failed
Alabama 2018 SB211 Stutts (R) Presumption, Joint Died in committee Passed Failed
Alabama 2019 SB266 Stutts (R) Presumption, 50/50 Died in committee Passed 25-4-6 Failed
Alabama 2025 HB53 Sellers (D) Presumption, joint Passed Died in committee Failed
Alaska 2018 HB368 LeDoux (R) 1 (R) Presumption, 50/50 Died in committee Failed
Alaska 2019 HB85 Rauscher (R) 2 (R) Presumption, 50/50 Died in committee Failed
Arizona 2012 SB1127 Allen(R) Burges(R) Gray(R)
Barto(R) Crandell(R) Smith(R)
Consider, 50/50 Passed 46-9 Passed 28-0 Signed, Jan Brewer (R)
Arizona 2017 HB2296 Kern (R) Presumption, 50/50 No vote Failed
Arizona 2026 SB1720 Bolick (R) Presumption, 50/50 Failed committee 0–8 Passed Senate 19–11 Failed
Arkansas 2019 HB1325 Lowery (R) Presumption, joint Died in committee Failed
California 2026 AB1978 Johnson (R) Presumption, 50/50 Referred to Judiciary Pending
Connecticut 2017 HB6638 Gonzalez (D) Presumption, 50/50 Died in committee Failed
Connecticut 2017 HB6645 Srinivasan (R) Presumption, 50/50 Died in committee Failed
Connecticut 2025 SB01026 Martin (R) 2 (D) Presumption, 50/50 Died in committee Failed
Florida 2016 SB668 Stargel (R); Judiciary and
Appropriations Committees
Presumption, 50/50 Passed 74-38 Passed 24-14 Veto, Rick Scott (R)
Georgia 2020 HB1140 Jasmine Clark (D) Todd Jones (R)
Rhonda Burnough (D)
Chuck Efstration (R)
John Carson (R)
Presumption, Equal or approximately equal Referred to Judiciary, Died Died
Hawaii 2014 HB2163 Evans (D); Brower (D)
Cabanilla (D); Choy (D)
Hanohano (D); Souki (D)
4 (D), 1 (R) Presumption, 50/50 Provision removed
by amendment
Provision removed
by amendment
Veto,
Neil Abercrombie (D)
Hawaii 2019 HB107 McDermott (R) Presumption, 50/50 Died in committee Failed
Illinois 2017-18 HB4113 Ford (D) 10 (R), 5 (D) Presumption, 50/50 No vote Failed
Illinois 2019 HB185 Ford (D) 1 (R) Presumption, 50/50 Died in committee Failed
Indiana 2017 SB36 Ford (R) Presumption, 50/50 Died in committee Failed
Indiana 2019 HB1306 Judy (R) 1 (R), 1 (D) Presumption, joint Died in committee Failed
Indiana 2019 SB87 Ford (R) Presumption, 50/50 Died in committee Failed
Indiana 2025 HB1067 DeVon (R) Presumption, 50/50 Died in committee Failed
Iowa 2017 HB71 Mommsen (R) Presumption, joint Died in committee Failed
Iowa 2017 SB190 Zaun (R) Presumption, joint Died in committee Failed
Iowa 2018 SB2374 Judiciary Committee Presumption, 50/50 Died in committee Passed 33-16 Failed
Iowa 2018 SB3154 Judiciary Committee Presumption, 50/50 Replaced by SB2374 Replaced
Iowa 2019 SB11 Zaun (R) Presumption, 50/50 Died in chamber Failed
Iowa 2019-2020 SF571 Senate Judiciary Committee Presumption, 50/50 Died in chamber Failed
Kansas 2017-18 HB2529 Pittman (D) 9 (R) Presumption, 50/50 Died in committee Failed
Kansas 2017-18 SB257 Fitzgerald (D) Presumption, 50/50 Died in committee Failed
Kansas 2019-2020 SB157 Hilderbrand (R) 12 (R), 4 (D) Temporary custody, presumption, 50/50 Died in committee Passed 39-1 Failed
Kentucky 2017 HB492 Petrie (R) 2 (R) Temporary custody
Presumption, 50/50
Passed 97-0 Passed 38-0 Signed, Matt Bevin (R)
Kentucky 2018 HB528 Petrie (R) 10 (R) Presumption, 50/50 Passed 81-2 Passed 38-0 Signed, Matt Bevin (R)
Maine 2017 HB472 Espling (R); Sampson (R) Presumption, joint Failed 70-77 No vote Failed
Maryland 2017 SB905 Muse (D) Presumption, 50/50 Died in committee Failed
Maryland 2019 SB638 Smith (D) Child support Died in committee Passed 43-0 Failed
Massachusetts 2017-18 HB3090 Markey (D), Harrington (R) 6 (R), 4 (D) Consider, 50/50 Passed Died in committee Failed
Massachusetts 2025 H1710 Garry (D) Presumption, shared Study order Failed
Michigan 2017-18 HB4691 Runestad (R) Presumption, 50/50 No vote Failed
Michigan 2025 HB5211 Johnsen (R) 18 (R), 7 (D) Presumption, 50/50, Deviation for DV, Clear and Convincing Evidence Referred to Judiciary Pending
Michigan 2026 SB0940 Runestad (R) Presumption, equal parenting time Referred to Judiciary Pending
Minnesota 2011-12 HB322 Scott (R) 22 (R), 6 (D) Presumption, >45/55 Passed 86-42
(>35/65)
Passed 46-19
(>35/65)
Veto,
Mark Dayton (D)
Minnesota 2017-18 HB2699 Scott (R) 5 (R), 1 (D) Presumption, >45/55 No vote Failed
Minnesota 2019 HB46 Hertaus (R) 3 (R), 1 (D) Presumption, 50/50 Died in committee Failed
Minnesota 2019 HB127 Lucero (R) 3 (R) Presumption, >40/60 Died in committee Failed
Minnesota 2019-2020 SF1853 Housely (R) Presumption, 50/50 Died in committee Failed
Mississippi 2017 SB2406 DeBar (R) Presumption, joint Died in committee Failed
Mississippi 2019 SB2424 DeBar (R) Presumption, joint Died in committee Failed
Mississippi 2026 HB1662 Aguirre (R) Presumption, joint Passed 118-0 Passed 52-0 Signed, Tate Reeves (R)
Missouri 2011 SB35 Lembke (R) Child support Died in committee Failed
Missouri 2016 HB1550 Neely (R) Consider, shared Passed 149-2 Passed 28-0 Signed, Jay Nixon (D)
Missouri 2016 HB2055 Swan (R) Presumption, 50/50 Died in committee Failed
Missouri 2016 SB964 Wallingford (R) Presumption, 50/50 Passed committee, No vote Failed
Missouri 2017 HB724 Swan (R) Presumption, 50/50 Passed committee, No vote Failed
Missouri 2017 SB377 Wallingford (R) Presumption, 50/50 Died in committee Failed
Missouri 2018 HB1667 Swan (R) Presumption, 50/50 Passed 137-7 Passed committee,
filibustered by Schupp (D)[3]
Failed
Missouri 2018 HB2591 Dinkins (R) Presumption, 50/50 Died in committee Failed
Missouri 2019 HB229 Swan (R) Presumption, 50/50 Passed 119-30 Passed Committee, no vote Failed
Missouri 2019 SB14 Wallingford (R) Presumption, 50/50 Replaced by HB229 Passed committee Failed
Missouri 2020 SB531 Wallingford (R) Presumption, 50/50 Passed committee Failed
Missouri 2020 HB1765 Swan (R) Presumption, 50/50 Passed committee Failed
Montana 2017 HB399 Zolnikov (R) Presumption, joint Died in committee Failed
New Hampshire 2017-18 HB236 Pearson (R) 1 (R), 1 (D) Presumption, 50/50 Failed 171-178 Failed
New Hampshire 2019 HB362 DeSimone (R) 4 (R) Child support Failed Failed
New Hampshire 2026 HB1770 Sabourin dit Choiniere (R) 8 (R) Presumption, 50/50 Inexpedient to Legislate Failed
New Jersey 2018 AB1091 Peterson (R); Chaparro (D);
DiMaio (R); McKnight (D)
11 (D), 3 (R) Presumption, 50/50 Died in committee Failed
New Jersey 2018 SB273 Cardinale (R); Bucco (R) 4 (R), 1 (D) Presumption, 50/50 Died in committee Failed
New Jersey 2026 A2963 Peterson (R); DiMaio (R) 4 (D), 5 (R) Presumption, 50/50 Referred to Judiciary Pending
New Jersey 2026 S2008 Polistina (R); McKnight (D) Presumption, 50/50 Referred to Judiciary Pending
New Mexico 2019 HB389 Gallegos (R); Schmedes (R) Presumption, 50/50 Action postponed indefinitely Failed
New Mexico 2019 SB422 Pirtle (R) Presumption, 50/50 Action postponed indefinitely Failed
New York 2019 SB2916 Helming (R) 2 (R) Presumption, 50/50 Died in committee Failed
New York 2026 A06151 Tague (R) 3 (R) Temporary custody, presumption, 50/50 Died in committee Failed
New York 2026 A04786 Manktelow (R) 2 (R) Presumption, shared parenting Referred to Judiciary Pending
North Carolina 2015 SB711 Bryant (D) 2 (D) Presumption, 50/50 Died in committee Failed
North Dakota 2017 HB1392 Kading (R); Kiefert (R)
McWilliams (R); Pyle (R)
Jones (R); Vigesaa (R)
Presumption, 50/50 Passed 71-21 Failed 12-31 Failed
North Dakota 2019 HB1496 Kading (R); Meier (R)
Rohr (R); Vetter (R); Luick (R)
Consider, 50/50 Passed 90-2 Failed 6-39 Failed
Ohio 2011 SB144 Skindell (D); Grendell (R) Presumption, 50/50 Died in committee Failed
Oklahoma 2019 HB1276 Lawson (R) Presumption, 50/50 Passed 90-7 Died in committee Failed
Oklahoma 2026 SB1708 Jech (R); Tedford (R) 15 (R) Presumption, joint Passed Committee Pending
Oregon 2017 SB550 Hass (D); Thatcher (R) 1 (D) Presumption, 50/50 Died in committee Failed
Oregon 2019 SB318 Thatcher (R) 1 (D) Consider, 50/50 Passed House 52–5 Passed Senate 29–0 Passed
Pennsylvania 2019-2020 HB1397 Helm et al. Presumption, 50/50 Died in committee Failed
Rhode Island 2026 H7821 Lima (D) Presumption, 50/50 Committee held for further study Pending
South Carolina 2017 HB3126 McKnight (D) 8 (R) Presumption, 50/50 Died in committee Failed
South Carolina 2019 HB3295 Elliott (R) 8 (R) Presumption, 50/50 Died in committee Failed
South Carolina 2026 H4622 Beach (R) 24 (R), 2 (D) Presumption, 50/50 Pending Pending
South Dakota 2017 SB72 Jensen (R), Pischke (R) 17 (R), 2 (D) Presumption, 50/50 Failed 14-21 Failed
South Dakota 2019 HB1104 Pischke (R) 37 (R), 2 (D) Presumption, 50/50 Passed committee Failed
Tennessee 2019 SB448 Bell (R) 1 (R) Presumption, joint Withdrawn Withdrawn
Texas 2015 HB2363 Peña (R) 1 (R) Consider, 50/50 Passed committee, No vote Failed
Texas 2017 HB453 White (R) 6 (R), 1 (D) Presumption, 50/50 Died in committee Failed
Texas 2025 SB849 Middleton (R) Presumption, equal parenting time Referred to State Affairs Pending
Vermont 1990 S367 McCormack (D) Died in committee Failed
Vermont 1997-98 S124 McCormack (D) Presumption Died in committee Failed
Vermont 2001-02 S123 McCormack (D) 3 (R), 2 (D) Presumption Died in committee Failed
Vermont 2003-04 H691 Masland (D) Presumption Died in committee Failed
Vermont 2005-06 H699 Masland (D) Consider, shared Died in committee Failed
Vermont 2007-08 S73 McCormack (D) 1 (D) Presumption Died in committee Failed
Vermont 2007-08 H141 Masland (D) 1 (R) Consider, shared Died in committee Failed
Vermont 2009-10 H275 Masland (D) 1 (R), 2 (D) Consider, shared Died in committee Failed
Vermont 2011-12 H354 McCullough (D) Presumption, shared Died in committee Failed
Vermont 2013-14 H323 Masland (D) 5 (D), 1 (I) Consider, 50/50 Died in committee Failed
Vermont 2013-14 H412 McCullough (D) 10 (D), 1 (I) Consider, 50/50 Died in committee Failed
Vermont 2015-16 H163 Masland (D) 6 (D) Consider, 50/50 Died in committee Failed
Vermont 2017-18 HB166 Masland (D) 2 (D) Consider, 50/50 Died in committee Failed
Vermont 2017-18 HB634 McCullough (D) 1 (D) Consider, 50/50 Died in committee Failed
Vermont 2017-18 SB36 McCormack (D) 1 (R) Presumption, joint Died in committee Failed
Vermont 2019 SB34 Benning (R) 3 (R), 1 (D) Presumption, joint Died in committee Failed
Vermont 2021-22 H13 McCullough (D) Presumption, joint Died in committee Failed
Vermont 2021-22 H221 Masland (D) 2 (R), 4 (D) Presumption, joint Died in committee Failed
Vermont 2023-24 H400 Masland (D) 4 (D) Presumption, joint Died in committee Failed
Vermont 2025-26 H369 Masland (D) 1 (D) Presumption, joint Referred to Committee on Judiciary (2025-02-26) Pending
Vermont 2025-26 S304 Williams (R) Presumption, joint Referred to Committee on Judiciary (2026-01-23) Pending
Virginia 2018 HB1351 Davis (R) 1 (R) Consider, shared Passed 98-0 Passed 40-0 Law
West Virginia 2019 HB2046 Foster (R) 7 (R), 1 (D) Presumption, joint Died in committee Failed
West Virginia 2019 SB474 Azinger (R) Presumption, joint Died in committee Died in committee
Wisconsin 2000 1999 Wisconsin Act 9 (Budget) Presumption, joint custody is in a child's best interest Passed Passed Signed, Tommy Thompson (R)
Wisconsin 2000 1999 Wisconsin Act 9 (Budget) Maximize with both parents/Consider,50/50 Passed Passed Signed, T Thompson (R)
Wisconsin 2005 AB897/SB 586 Presumption, 50/50 Passed 60-35 Died in committee Failed
Wisconsin 2007 AB571/SB311 Presumption, 50/50 Died in committee Died in committee Failed
Wisconsin 2013/15/17 Presumption, 50/50 Died in committee Failed
Wyoming 2017 HB260 8 (R) 3 (R) Presumption, 50/50 Died in committee Failed
Wyoming 2019 HB114 10 (R) Presumption, 50/50 Failed 18-39 Failed

Alabama

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Alabama Senate Bill 186 (2017) sought to create a legal presumption that joint custody is in the best interest of the child. While it did not specify what sort of time-sharing dynamics were to be considered for joint custody, it did specifically remove the language stating: "joint custody does not necessarily mean equal physical custody," This bill died in the senate chamber and did not receive a floor vote.[4]

Alaska

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Alaska House Bill 368 (2018) attempted to establish that rebuttable presumption of shared physical custody was in the best interest of the child, and define it as the child residing with each parent for 50 percent of the year. The burden required to overcome the presumption was a preponderance of the evidence. This bill died in committee and did not receive a floor vote.[5]

Arizona

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In 2012 Arizona Senate Bill 1127 was introduced. It changed a lot of language around child custody law that, among other things: removed the need for the court to consider the wish of the parents or children under suitable age and maturity, required the court consider if one parent intentionally mislead the court or delayed the process, encouraged the court to produce parenting plans that maximized time with each parent, and instructed the court not to consider the gender of the parents or children. Unlike other bills mentioned here, this bill created a rebuttable presumption against joint custody if domestic violence has occurred. This bill passed the Arizona Senate by unanimous vote and the Arizona House by a vote of 46 - 9. It was signed into law on 9 May 2012 by Governor Jan Brewer.[6]

In 2017 Arizona House Bill 2296 was introduced. This bill would have entered a rebuttable presumption that joint legal decision-making and equal parenting time are in the best interests of the child. This bill died in chamber before receiving a floor vote.[7]

Connecticut

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Connecticut drafted two bills in 2017 seeking to develop shared parenting. House Bill 6638 (2017) would have made a number of changes including: establishing language around parental alienation, altering some aspects of how a guardian ad litem works, establishing a presumption of joint custody with a clear and convincing burden of proof, and require that a court enter written findings when not awarding joint custody. House Bill 6645 sought to establish that shared parenting with equal access to the child is in the child's best interest, unless the court provides overwhelming evidence to the contrary. Both of these bills died in committee and did not receive a floor vote.[8][9]

Florida

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Florida Senate Bill 668 (2016) addressed both shared parenting and alimony. It would have required that a court, upon making a parenting plan, begin with the premise that a minor child should spend approximately equal time with each parent. It also removed language stating that there was no presumption for any specific parenting plan. It also sought to set limits both on the amount and duration of alimony, setting a maximum duration of one-half the length of the marriage. This bill passed the Florida House with a vote of 74-38 and the Florida Senate with a vote of 24-14.[10] While it was awaiting signing or veto by Governor Rick Scott, his office received more than 11,000 calls in regards to it; 80 percent of which were in support.[11] Scott also heard directly from several organizations including the National Organization for Women, the Florida League of Women Voters, and several representatives from the Florida Bar who opposed the bill.[12] Scott ultimately decided to veto the bill on April 15, 2016.

Georgia

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In the 2019-2020 legislative session, Representative Jasmine Clark (D-108) introduced House Bill 1140, which would create a rebuttable presumption that a child's best interests are served by equal or approximately equal parenting time with each parent. The bi-partisan bill was introduced and referred to the judiciary committee on March 9, 2020. The legislature was suspended on March 13, 2020 due to the COVID-19 pandemic and the bill was tabled when the legislature reconvened.

Illinois

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In the 2017 - 2018 session, Illinois drafted House Bill 4113. This bill would have presumed both that the child should have equal time with both parents and that both parents are fit, unless the court is presented with clear and convincing evidence otherwise. This bill has not been voted on and has not been placed on a calendar for a vote.[13]

Iowa

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Iowa introduced Senate Bill 2374 in the 2017-2018 session. This bill sought to create a rebuttable presumption that if joint legal custody is awarded, joint physical custody should also be awarded. It also required that courts site clear and convincing evidence when not awarding joint physical custody. Finally, it removed language indicating that the court should consider if one parent is opposed to joint custody. This bill died in committee before a floor vote.[14]

Oklahoma

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In 2019 House Bill 1276 was introduced in Oklahoma. This bill addresses temporary custody orders requiring that the court provide equally shared parenting time at the request of one parent unless it finds it is in the best interest of the child not to. This bill is still under review.[15]

Kansas

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Kansas drafted both Senate Bill 257 and House Bill 2529 for the 2017-2018 session. These were identical co-bills. They would have introduced two rebuttable presumptions: that any parenting plan agreed on by both parents is in the best interest of the child, and that in the event the parents don't agree, the best interest of the child is to have equal or approximately time with each parent. Both of these presumptions required clear and convincing evidence overcome. These bills both died in committee.[16][17]

For the 2019-2020 session, Kansas introduced Senate Bill 157. This bill addresses only temporary custody orders. It establishes a presumption that the court award equal parenting time in temporary orders. An amendment has been added removing the presumption if information is provided that would support a finding by the court that domestic abuse has occurred. This bill is under review.[18]

Kentucky

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In 2017 Kentucky drafted House Bill 492, which addressed temporary custody orders. This bill established that if both parents agreed on a temporary order, the court would presume that is the best arrangement for the child and that if they did not agree, the court would presume the parents should share the temporary custody equally. The burden required to rebut this presumption is a preponderance of the evidence, and the court must enter facts and findings when rebutting it. This bill passed the Kentucky Senate and Kentucky House with no dissenting votes and was signed into law on 10 April 2017 by Governor Matt Bevin.[19]

In 2018 Kentucky introduced House Bill 528.[20] This bill is similar to House Bill 492 but addresses permanent custody orders. It created a presumption rebuttable by a preponderance of the evidence that both joint custody and equally shared parenting time is in the best interest of the child and requires the court to enter facts and findings when deviating from shared parenting. Unlike House Bill 492, this bill added, among the factors for consideration, a factored regarding if the court makes a finding that one of the parties committed domestic violence. House Bill 528 passed the Kentucky Senate by unanimous vote and the Kentucky House by an 81-2 vote. It was signed into law on 26 April 2018 by Governor Matt Bevin.[21]

Minnesota

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In 2011, Minnesota legislators introduced House Bill 322. Before it was introduced, Minnesota had a presumption that parents should be granted at least 25% of the parenting time. This bill initially sought to increase that number to 45%, but was amended to increase parenting time only up to 35%. This bill passed the Minnesota House by an 86 - 42 vote, and passed the Minnesota Senate by a 46 - 19 vote.[22] After hearing from proponents such as the Center for Parental Responsibility, and opponents including the Family Law Section of the Minnesota Bar and battered women's advocates, Governor Mark Dayton decided not to sign the bill, thus causing a pocket veto.[23]

House Bill 2699 was introduced in Minnesota in 2017. This bill aimed to increase the presumed minimum parenting time to 40%, unless both parents agreed otherwise. This bill died in chamber.[24]

Minnesota drafted House Bill 46 in 2019. This bill would require that, upon the request of either parent, there be a rebuttable presumption of joint legal and joint physical custody unless domestic abuse has occurred between the parties. It would also establish that joint custody means that each parent receives 50 percent of the parenting time. This bill also states that the court may determine how to calculate what 50 percent parenting time means, and suggests the method of counting overnights. This bill is still under review.[25]

Mississippi

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Mississippi enacted House Bill 1662 in 2026. The bill amended Section 93-5-24 of the Mississippi Code to create a rebuttable presumption that "joint custody and equally shared parenting time is in the best interest of the child." The presumption is rebuttable by a preponderance of the evidence, and a court that does not award joint custody with equally shared parenting time must document its reasons for deviating from the presumption. The act also provides a child-support calculation for equal-parenting-time cases, allows deviation where both parents agree on a different arrangement, and states that the new presumption applies only to initial temporary and initial final custody orders entered after July 1, 2026.[26][27]

The bill passed the Mississippi House on February 11, 2026, the Senate on March 5, 2026, both chambers adopted the conference report on March 31-April 1, 2026, and Governor Tate Reeves approved it on April 8, 2026.[28] Mississippi Today reported that the measure would make 50-50 joint custody the legal standard in divorce cases, subject to rebuttal based on the child's best interests.[29]

Missouri

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In 2016 Missouri introduced House Bill 1550. This bill required that the court enter written findings in any case where the parents have not agreed on a custody arrangement. It also established that a court may not presume one parent is more qualified based on their sex. It established a method with which a parent who is denied their parenting time can bring it to the court. It ensured that the system of family courts shall not adopt any local rule for standardizing or creating a default parenting plan. Finally, it required that the court create a handbook detailing guidelines on how to create a parenting plan to be distributed to each parent. This bill passed the Missouri House unanimously and the Missouri Senate by a vote of 149 - 2. It was signed into law by Governor Jay Nixon.[30]

In 2018 Missouri introduced House Bill 1667, which would have established a presumption, rebuttable by a preponderance of the evidence, that equal or approximately equal parenting time is in the best interest of the child.[31] This bill passed the Missouri House by a vote of 137 - 7, however it did not receive a vote in the Missouri Senate due to Senator Schupp threatening to filibuster.[32]

In 2019 Missouri introduced House Bill 229 and Senate Bill 14, which were originally identical to each other and very similar to the previous year's House Bill 1667. They seek to established a presumption, rebuttable by a preponderance of the evidence, that equal or approximately equal parenting time is in the best interest of the child. House Bill 229 has since had an amendment to clarify that the court may accept an arrangement both parents agree on without overcoming the presumption as well as an amendment that the presumption is overcome if the court finds that a pattern of domestic violence has occurred. House Bill 229 thus became the primary bill and died without a vote from the Missouri Senate floor.[33][34]

New Hampshire

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House Bill 236 was introduced in New Hampshire in 2017. It intended to change child support in cases where the parents have comparable parenting time. It would have established that child support goes from the higher-earning parent to the lower-earning parent. It would have also established how child support should be calculated. This bill failed a floor vote in the New Hampshire House by a vote of 171 - 178.[35]

House Bill 362 was introduced in New Hampshire in 2019. This bill is very similar to the 2017 bill. One notable difference is that it changes the language from "comparable time" to "equal or approximately equal time." This bill is under review.[36]

New Jersey

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For the 2018 - 2019 session New Jersey drafted two similar bills: Assembly Bill 1091 and Senate Bill 273[dead link]. These bills seek to establish a presumption of joint legal and physical custody. they also would establish a rebuttable presumption of equal or approximately equal physical custody. Rebutting this presumption requires clear and convincing evidence that joint custody is harmful to the child. These bills are under review.[37][38]

South Carolina

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In April 2026 the Equal Parenting Bill, making South Carolina a '50:50 Rebuttal Presumption' state, is going through the state legislature.[39]

South Carolina introduced House Bill 3569 in 2022. This bill seeks to establish a presumption, rebuttable by clear and convincing evidence, that equally shared parenting time is in the best interest of the child with parents willing, able, and fit. This bill is under review in judiciary committee.[40]

South Dakota

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In 2019 South Dakota drafted House Bill 1104. This bill makes the presumption that joint physical custody be awarded in cases where joint legal custody is awarded, it defines joint physical custody as "equal time-sharing," and sets the burden required to overcome the presumption as a preponderance of the evidence. It would also remove language from the law stating that there would not be a presumption of joint physical custody. This bill is under review.[41]

Texas

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House Bill 453 was considered in Texas for the 2017 - 2018 legislative session. This bill sought to set the policy of the state to encourage separated and divorced parents to share custody equally. It also encouraged the court, when making a parenting plan, to ensure the difference in number of days provided to each parent per year not exceed five. This bill died in committee.[42]

House Bill 803 would provide a presumption of 50/50 parenting time for fit, willing, and able parents. It was considered during the 2021 Texas legislative session. The bill had over 20 bipartisan co-authors and nearly 200 parents and activists provided testimony to the JJFI committee. Despite this, the bill was effectively killed by Chairwoman Neave.

Vermont

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Vermont is unusual among U.S. states because its custody statute permits court-ordered shared parental rights and responsibilities only when the parents agree to that arrangement. Under 15 V.S.A. § 665(a), a Vermont court “may order parental rights and responsibilities to be divided or shared between the parents on such terms and conditions as serve the best interests of the child.” However, the same subsection provides that “[w]hen the parents cannot agree to divide or share parental rights and responsibilities, the court shall award parental rights and responsibilities primarily or solely to one parent.”[43]

As a result, in a contested case, the court may not impose shared parental rights and responsibilities over the objection of either parent, even if the court otherwise finds that shared responsibility would serve the child’s best interests. Vermont Legal Aid describes the rule this way: “A court can order that physical responsibility be in one or both parents. However, a court can only order this if both parents agree. If a court is asked to choose, they have to pick one parent.”[44]

Critics of the Vermont statute argue that the agreement requirement creates an incentive for a parent to withhold consent to shared responsibility, because the absence of agreement requires the court to choose one parent as the primary or sole holder of parental rights and responsibilities. In Cabot v. Cabot, Justice Skoglund criticized the statute on this ground, writing that it “provides further incentive for divorcing parents who are primary caregivers to refuse to cooperate with their spouses on sharing parental rights and responsibilities.”[45]

Since 1990, repeated bills have been introduced in the Vermont General Assembly to amend § 665 or otherwise authorize shared parental rights and responsibilities in contested cases. None has been enacted.

Virginia

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In 2018 Virginia drafted House Bill 1351. This bill indicated that the court should consider awarding joint custody but established that there should be no presumption for any form of custody. This bill passed by unanimous vote in the Virginia House and the Virginia Senate and became law on 18 May 2018.[46]

Wisconsin

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In 2000 Wisconsin added two significant legislative changes via the budget bill (ACT 9). A presumption that joint custody is in a child's best interest. And instructions to maximize the amount of time allotted to both parents. The courts in WI prior to this were instructed to not consider gender in custody or placement decisions. From actual placement studies done in WI by UW IRP, shared placement doubled in the 90s (from approx 15% to 30% in divorce cases). In the first decade of the 2000s thanks partially to the ACT 9 legislative changes, shared placement in divorce cases had increased to 50% (2010). Unmarried parents fared much worse in regards to shared parenting outcomes compared to divorcing parents (only 15% shared in 2008). An initial Presumption of Equal Placement bill has been introduced several times in the second decade of the 2000s, but has failed to get significant traction. A recent (2019) study again by UW-IRP shows that Wisconsin and Maine have shared parenting outcomes for almost half of divorces, compared to an average of 25% shared placement outcomes in other states.

Wyoming

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Wyoming introduced [https://legiscan.com/WY/bill/HB0114/2019 House Bill 114 in 2019. This bill was not passed. There are a few groups working to change the laws to a rebuttable presumption of shared parenting. Kids Deserve Dads and its founder, Zac Martin are leading the charge to bring shared parenting to the children of Wyoming. There will be another bill in the near future either 2022 or 2023 session.[47]

References

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  1. Grangeat M, Kruk E, Bergström M, Marinho S. Are joint custody and shared parenting a child’s right?, The Conversation, October 4, 2018.
  2. Linda Nielsen (2018). "Joint Versus Sole Physical Custody: Children's Outcomes Independent of Parent–Child Relationships, Income, and Conflict in 60 Studies". Journal of Divorce & Remarriage. 59 (4): 247–281. doi:10.1080/10502556.2018.1454204.
  3. Robert Franklin, A Single Senator Stops Shared Parenting in Missouri, National Parents Organization, May 21, 2018.
  4. "AL SB186 (2017)". Legiscan.
  5. "AK HB 368 (2018)". Legiscan.
  6. "AZ SB 1127 (2012)". Legiscan.
  7. "AZ HB 2296 (2017)". Legiscan.
  8. "CT HB 6645 (2017)". Legiscan.
  9. "CT HB 6638 (2017)". Legiscan.
  10. "FL SB 668 (2016)". Legiscan.
  11. Bousquet, Steve (April 15, 2016). "Gov. Rick Scott vetoes controversial alimony bill, says it could harm children in divorce cases". Tampa Bay Times. Retrieved Feb 3, 2019.
  12. Rohrer, Gary (April 12, 2016). "Groups clash in Capitol over alimony bill". Orlando Sentinel. Retrieved Feb 3, 2019.
  13. "IL HB 4113 (2017)". Legiscan.
  14. "IA SB 2374 (2017)". Legiscan.
  15. "OK HB 1276 (2019)". Legiscan.
  16. "KS HB 2529 (2017)". Legiscan.
  17. "KS SB 257 (2017)". Legiscan.
  18. "KS SB 157 (2019)". Legiscan.
  19. "KY HB 492 (2017)". Legiscan.
  20. Kentucky House Bill 528
  21. "KY HB 528 (2018)". Legiscan.
  22. "MN HB 322 (2011)". Minnesota Legislature.
  23. Aslanian, Sasha (24 May 2012). "MPR News".
  24. "MN HB 2699 (2017)". Legiscan.
  25. "MN HB 46 (2019)". Legiscan.
  26. "MS HB1662 | 2026 | Regular Session". LegiScan. Retrieved 2026-05-04.
  27. "Bill Text: MS HB1662 | 2026 | Regular Session | Enrolled". LegiScan. Retrieved 2026-05-04.
  28. "MS HB1662 | 2026 | Regular Session". LegiScan. Retrieved 2026-05-04.
  29. Paffenroth, Sophia (2026-04-01). "Lawmakers approve 50-50 joint custody in divorce cases and send bill to the governor". Mississippi Today. Retrieved 2026-05-04.
  30. "MO HB1550 (2016)". Legiscan.
  31. "MO HB1667 (2018)". House.MO.gov.
  32. Franklin, Robert (21 May 2018). "A Single Senator Stops Shared Parenting In Missouri". National Parents Organization.
  33. "MO HB 229 (2019)". Legiscan.
  34. "MO SB 14 (2019)". Legiscan.
  35. "NH HB236 (2017)". Legiscan.
  36. "NH HB 362 (2019)". Legiscan.
  37. "NJ A1091 (2018)". Legiscan.
  38. "NJ S273 (2018)". Legiscan.
  39. https://www.live5news.com/2026/04/02/sc-bill-would-require-judges-start-child-custody-cases-with-5050-presumption/
  40. "SC HB 3569 (2022)". Legiscan.
  41. "SD HB 1104 (2019)". Legiscan.
  42. "TX HB 453 (2017)". Legiscan.
  43. "15 V.S.A. § 665. Rights and responsibilities order; best interests of the child". Vermont Statutes Online. Retrieved May 6, 2026.
  44. "Child Custody and Visitation (Parental Rights and Responsibilities)". Vermont Law Help. Retrieved May 6, 2026.
  45. Cabot v. Cabot, 166 Vt., 508 (Vt. 1997).
  46. "VA HB 1351 (2018)". Legiscan.
  47. "WY HB 114 (2019)". Legiscan.