This model statutory bill was authored and submitted to legislative reform committees to establish an evidentiary, constitutional presumption that both fit parents retain equal legal custody and equal physical parenting time upon divorce or family court separation, unless clear and convincing evidence demonstrates direct harm to the child.

Core Statutory Provisions of the Model Bill

• Equal Protection Standard: Prohibits state family courts from discriminating between fit parents based on gender, primary caregiver status, or financial earnings.
• Constitutional Fit Parent Presumption: Codifies the constitutional rule from Troxel v. Granville and Santosky v. Kramer that parents are presumed fit to care for and make decisions for their children without state interference.
• Heightened Evidentiary Requirement: Replaces subjective “best interest of the child” judicial discretion with a requirement for clear, cogent, and convincing evidence of specific unfitness before any parent’s rights or parenting time can be reduced.
• Procedural Due Process Guarantees: Prohibits ex parte temporary custody orders that strip fit parents of access to their children absent immediate, demonstrated physical danger.

Related Legislative Resources & Articles