Section YAE.08.10 — Custody And Physical Placement Orders

(a) After considering all relevant testimony and evidence to make its determinations as to legal custody and physical placement, the Court shall issue a written order identifying the party or parties with legal custody and/or physical placement based on the best interests of the child. This order is not considered a sealed order.

(1) If the action is contested, the order shall state the Court's determinations as to legal custody and/or physical placement and why they are in the best interest of the child.

(2) In an order for legal custody, the Court may specify who may make certain major decisions for the child. The Court may give one party sole power to make specified decisions, while both parties retain equal rights and responsibilities for other decisions.

(3) In an order for joint legal custody and periods of physical placement, the Court may specify one party as the primary caretaker and his or her home as the primary home of the child.

(4) No party awarded legal custody may take any action inconsistent with any applicable physical placement order, unless the Court expressly authorizes that action.

(5) In an order of physical placement, the Court shall specify the right of each party to the physical control of the child in sufficient detail to enable a party deprived of that control to request relief for interference with custody or parental rights.

(6) If the best interests of the child demand it and the Court determines that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child, the Court may order the legal custody of the child be with a relative of the child or an appropriate governmental entity.

(7) The Court may order that parties to participate in parenting classes, attend counseling, share medical or medical history information or meet other requirements as are in the best interest of the child. The party ordered to meet such requirements shall be responsible for costs of compliance.

(b) If the Court grants periods of physical placement to more than one party, either or both parties may be granted a reasonable amount of electronic communication at reasonable hours during the other party's periods of physical placement with the child. Electronic communication shall not be used as a substitute for a party's periods of physical placement with the child. If the Court grants electronic communication to a party whose physical placement with the child is supervised, the party's electronic communication with the child shall also be supervised.

(c) If the Court determines that joint custody is inappropriate, then the Court order shall state why the presumption of awarding joint legal custody is rebutted, what evidence rebutted the presumption, and why its determination relating to legal custody and physical placement are in the best interest of the child.

(d) If the Court finds that a party has engaged in a pattern or serious incident of domestic abuse or other activity that endangered the child's physical, mental or emotional health, and the Court awards periods of physical placement to both parties, the Court shall provide for the safety and well-being of the child and for the safety of the party who was the victim of the abuse, if applicable. This may include:

(1) requiring supervised exchanges of the child;

(2) requiring supervised physical placement and/or visitation;

(3) requiring a party to attend and complete a certified treatment program for batterers and/or alcohol or substance abusers;

(4) prohibiting a party from being under the influence of alcohol or controlled substances during the exchange of the child or prohibiting a person from possessing or using alcohol or controlled substances during the period of physical placement; or

(5) ordering any other conditions that the Court determines is necessary for the safety and well-being of the child and the party who was the victim of the abuse, if applicable.

(e) Parental Access to Records.

(1) Unless otherwise ordered by the Court or except as provided under subsection (2) below, access to a child's medical, dental and school records is available to a parent regardless of whether the parent has legal custody of the child.

(2) A parent who has been denied periods of physical placement does not have the normal rights of a parent in relation to that child's records, including a right to access such records.