Approximately 30 years ago I began practicing family law focusing on divorce, paternity, and custody cases. During those 30 years, the law as to custody has changed dramatically, most recently with a change in the law on July 1, 2023. Below is my view of how the law has changed
over the last 30 years, and most importantly the current state of the law.
To understand the law, one must first start with the language. In the ’90s, one parent was referred to as the “custodial parent” and the other parent was referred to as the “non-custodial parent”. The custodial parent had the majority of overnights and the other parent typically had weekend access
every other weekend. The language was then changed to “primary residential parent” and “second residential parent” around the early 2000s. More importantly the “standard schedule” typically became closer to equal access with the secondary residential parent having every was expanded to Wednesday overnight, and every other weekend from Friday till Monday morning; or 5 of 14 overnights. This change to “substantial time-sharing” also dramatically impacted
child support. Finally, we did away with labeling the parents and instead referred to time sharing by way of an “access schedule” or “parenting plan.” These parenting plans set forth with great specificity which overnight the child(ren) are to spend with each parent not only during the week but for holidays and breaks from school. In fact, you must set forth the exact number of nights each parent has each year, in part to assist with calculating child support.
Then on July 1, 2023, a new law passed which created a “rebuttable presumption” in favor of equal timesharing between the parents. While it is clear this is the starting point it will likely take time to clarify what is needed to rebut this equal time-sharing presumption.
The law was also changed to modify an existing timesharing schedule. If at the time of the last order, you lived more than 50 miles from the other parent and now live within 50 miles from the other parent this change alone can now serve to modify your access schedule.
My next blog will deal with the other major change in the law; to wit: the abolishment of permanent alimony and a formula to calculate the maximum amount of durational alimony.