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The Co-parenting Act 

AN ACT
To maximize involvement of parents in the lives of their children.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Decades of widely accepted research affirms that significant involvement from each parent results in the best outcomes for their children. Despite these studies and consistent public opinion favoring co-parenting, family courts throughout the United States continue to exclude positive parental involvement to conform to an obsolete single-custodial-parent model.

SECTION 1. SHORT TITLE.
This act may be cited as the "Co-parenting Act"

As used in this document, unless the context clearly indicates otherwise:
(a) "Child" means an individual considered to be a minor according to their age.
(b) "Possessory rights" with respect to a child, means the right to determine the physical location of that child, with the immediate and primary responsibility of safety and care for that child.
(c) "Biological parent" with respect to a child, means an individual who contributed identical biological material to the reproductive process resulting in the birth of that child.
(d) "Legal parent" with respect to a child, means a biological or adoptive parent with legal possessory rights of that child.
(e) "Shared possessory rights" describes a situation where two or more legal parents share possessory rights of the same child.
(f) "Share of possessory rights" in a shared possessory rights situation, means the percentage share of time on a per-annum basis that a legal parent has possessory rights of the shared child, calculated in time intervals to the minute.
(g) "Parenting schedule" means a schedule that alternates each legal parent's possessory rights at regular intervals and during special events and holidays, including (but not limited to) allowance for any discretionary vacation time.

SEC. 2. PARENTAL RESPONSIBILITIES
(a) Legal parents share in directing and providing all necessary caregiving responsibilities and support to fulfill the needs of their children.
    (i) No State Entity may deny or assign a child's caregiving responsibilities based on that child or their legal parent's race, age, gender, religion, income level, marital or relationship status, sexual orientation, or other protected classification.

SEC. 3. SHARE OF POSSESSORY RIGHTS
(a) Legal parents may voluntarily adjust their percentage share of possessory rights of a shared child by unanimous consent.
(b) Any increase in the share of possessory rights to an amount greater than the share of possessory rights of another legal parent of the same child, without that other parent's consent, requires the burden to prove that other parent unfit.
(c) A biological parent with no legal parental rights and no prior legal judgements regarding their child may seek legal parental rights including a share of possessory rights for their child.

SEC. 4. PARENTING SCHEDULES
(a) At the request of any legal parent, for any reason, a formally binding parenting schedule must be created.
    (i) A parenting schedule may be required as part of a divorce or legal separation decree.
(b) The per-annum time allocation scheduled for each legal parent must be in proportion to each corresponding parent's share of possessory rights.
    (i) A schedule with frequent exchanges between each parent, and one that keeps siblings together is preferred.
(c) If the legal parents cannot agree on a schedule, one may be ordered in a judicial proceeding in accordance with this section.
(d) A legal parent not scheduled at a particular time has no possessory rights for that duration, but reserves those rights for unplanned events when the scheduled parent is unavailable to assume possessory rights.
    (i) Each legal parent may be present at any public function or event where their child is participating regardless of their possessory rights during that time.
(e) The average distance between legal parents' residences and locations where normal exchanges between legal parents take place should be kept consistent.
    (i) Any legal parent relocating their primary residence beyond a reasonable distance (with respect to average commute time) assumes any additional burdens related to an increase in this average distance for child exchanges, and conversely, recovers any benefits of a decrease in distance.

SEC. 5. PARENTAL UNFITNESS
(a) A legal parent may be found unfit to direct and provide caregiving responsibilities for their children and therefore, lose a share of possessory rights, in whole or in part, only within due process of law.
    (i) Due to the potential trauma and irreparable harm caused to children unnecessarily separated from their parents, the due process of law used to determine unfitness requires a strong burden of proof with corroborating evidence.
    (ii) Due process of law does not preclude provisions for suspending possessory rights to protect a child believed to be at risk of immediate danger under lesser burden of proof standards.
        (1) Suspension of possessory rights must be resolved in a timely manner under due process of law as described in SEC. 5(a)(i).
(b) An unfit parent must overcome the burden to prove that they are fit before any loss of possessory rights with their children may be restored.

SEC. 6. PARENTAL CONSENT
(a) Any decision concerning a child of shared possessory rights that requires legal parental consent, requires the consent of each legal parent.
    (i) Such decisions of an urgent nature with life-threatening consequences to the child do not require consent of each legal parent.

SEC. 7. GAIN OR LOSS OF SHARE OF POSSESSORY RIGHTS
(a) Any amount of gain of a share of possessory rights by a legal parent will be deducted from each of the other legal parents in proportion to each corresponding parent's share of possessory rights.
(b) Any amount of loss of a share of possessory rights by a parent, through finding of unfitness, death, or any other reason, will be distributed among each of the other legal parents in proportion to each corresponding parent's share of possessory rights.
(c) No State Entity may grant or revoke a share of possessory rights, in part or in whole, based on a legal parent or child's race, age, gender, religion, income level, marital or relationship status, sexual orientation, or other protected classification.