Parent-time -- Best interests -- Rebuttable presumption.

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  • (1) If the parties are unable to agree on a parent-time schedule, the court may:
    • (a) establish a parent-time schedule; or
    • (b) order a parent-time schedule described in Section 30-3-35, 30-3-35.1, 30-3-35.2, or 30-3-35.5.
  • (2) The advisory guidelines as provided in Section 30-3-33 and the parent-time schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be considered the minimum parent-time to which the noncustodial parent and the child shall be entitled.
  • (3) A court may consider the following when ordering a parent-time schedule:
    • (a) whether parent-time would endanger the child's physical health or mental health, or significantly impair the child's emotional development;
    • (b) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional abuse, involving the child, a parent, or a household member of the parent;
    • (c) the distance between the residency of the child and the noncustodial parent;
    • (d) a credible allegation of child abuse has been made;
    • (e) the lack of demonstrated parenting skills without safeguards to ensure the child's well-being during parent-time;
    • (f) the financial inability of the noncustodial parent to provide adequate food and shelter for the child during periods of parent-time;
    • (g) the preference of the child if the court determines the child is of sufficient maturity;
    • (h) the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;
    • (i) shared interests between the child and the noncustodial parent;
    • (j) the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the child;
    • (k) the availability of the noncustodial parent to care for the child when the custodial parent is unavailable to do so because of work or other circumstances;
    • (l) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;
    • (m) the minimal duration of and lack of significant bonding in the parents' relationship before the conception of the child;
    • (n) the parent-time schedule of siblings;
    • (o) the lack of reasonable alternatives to the needs of a nursing child; and
    • (p) any other criteria the court determines relevant to the best interests of the child.
  • (4) The court shall enter the reasons underlying the court's order for parent-time that:
    • (a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or
    • (b) provides more or less parent-time than a parent-time schedule provided in Section 30-3-35 or 30-3-35.5.
  • (5) A court may not order a parent-time schedule unless the court determines by a preponderance of the evidence that the parent-time schedule is in the best interest of the child.
  • (6) Once the parent-time schedule has been established, the parties may not alter the schedule except by mutual consent of the parties or a court order.




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