AN ACT Relating to joint custody of children of divorced parents; amending RCW 26.09.200; adding new sections to chapter 26.09 RCW; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that it is the public policy of this state to assist minor children in having frequent and continuing contact with both parents, subsequent to dissolution of marriage, separation, and/or declaration of invalidity. It is the intent of the legislature to encourage parents to share the rights and responsibilities of raising their children. It is also the intent of the legislature to recognize the importance of flexibility in custody arrangements. Therefore, the legislature finds and declares that, in the best interests of children, it is the public policy of this state to presume joint custody is in the best interests of each child unless proven otherwise.

The legislature also finds that courts historically have not considered the option of ordering joint custody. However, the purpose of this act is to direct the courts to presume that joint custody is in the best interests of a child unless proven otherwise, and to require the courts to expressly state the basis for custody decisions.

It is the intent of the legislature that the paramount standard for custody shall be the best interests of the child. It is the intent of the legislature that the court will be guided by this standard.

NEW SECTION. Sec. 2. A new section is added to chapter 26.09 RCW to read as follows:

For the purposes of this act:

(1) "Joint custody" means an order awarding custody of the minor child to both parents to continue the sharing of parental rights and responsibilities and provide for the physical and legal custody of the child to the parents in such a way to assure the child frequent and continuing contact with both parents. Joint custody means both joint physical and joint legal custody.

(2) "Joint physical custody" means an order awarding the parents significant periods of time which the child resides with, or is under the care and supervision of, each parent. For the purposes of this subsection, significant means the allotment of time between parents as nearly equal as possible, and each case will be determined as to its own practicabilities.

(3) "Joint legal custody" means the parents share the decision-making rights and responsibilities regarding the social, economic, health, and educational environment of the minor child.

NEW SECTION. Sec. 3. A new section is added to chapter 26.09 RCW to read as follows:

Upon application of either parent or both parents for joint custody, the court shall presume joint custody is in the best interests of a minor child, unless it is shown by clear and convincing evidence that the child is in danger of serious emotional or physical harm if left in the joint custody of both parents. At the request of either party, or on it's own motion, the court may transfer the cause to the family court and/or refer the parties to a counseling service and/or mediation service for amicable settlement of the issues in controversy. Objection to joint custody by a parent seeking sole custody is not a sufficient basis for a finding that joint custody is not in the best interests of a child, nor is a finding that the parents are hostile to each other. The court shall not consider conduct of a parent that does not affect the welfare of the child.

The court shall include written findings as to the relevant factors considered in any order in which custody is disputed under RCW 26.09.190.

Sec. 4. Section 20, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.200 are each amended to read as follows:

A party to a custody proceeding may move for a temporary custody order. The motion must be supported by an affidavit as provided in RCW 26.09.270. The court may award temporary custody after a hearing, or, if there is no objection, solely on the basis of the affidavits.

The temporary custody order shall be for joint custody unless the court determines that joint custody would be detrimental to the child.

If a proceeding for dissolution of marriage, legal separation, or declaration of invalidity is dismissed, any temporary custody order is vacated unless a parent or the child's custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a custody decree be issued.

If a custody proceeding commenced in the absence of a petition for dissolution of marriage, legal separation, or declaration of invalidity, (subsection (1) of RCW 26.09.180) is dismissed, any temporary order is vacated.

NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.