SB 1371: Modifies provisions relating to child custody arrangements

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

SB 1371 - This act modifies the definition of "joint legal custody" as used in child custody determinations to remove references to allocating, apportioning, or decreeing a division of joint decision-making, responsibilities, and authority between the parents. This act also modifies the definition of "joint physical custody" to change the amount of time with the child awarded to each parent from "significant, but not necessarily equal" to "equal or substantially equal". In current law, there is a rebuttable presumption that an award of "equal or approximately equal" parenting time to each parent is in the best interests of the child. This act changes "approximately" to "substantially". This act modifies the factors a court shall consider when awarding custody to parents, including the willingness and ability of parents to cooperate in the rearing of their child; any substance abuse history experienced by either parent; the history of domestic and child abuse of any individuals involved; the distance between the residences of the parents; and the unobstructed input of the child as to the child's custodial arrangement. This act is identical to SB 638 (2025) and similar to SB 1013 (2026), SB 805 (2025), SCS/SBs 744 & 1026 (2024), provisions in the perfected SS/SCS/SBs 767 & 1342 (2024), HCS/SS#2/SB 862 (2024), and provisions of the perfected SS/SCS/SB 129 (2023). SARAH HASKINS

Sponsors

Sponsors by party (alphabetical): Republican 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. January 27, 2026Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
2. January 7, 2026S First Read
3. December 1, 2025Prefiled