Rebuttable Presumption

A rebuttable presumption is a conclusion that a judge will reach without hearing any evidence. However, if there is sufficient evidence against such a conclusion, the judge should reach a different conclusion.

For example, in a state where there is a rebuttable presumption that after a divorce the child should spend the same amount of time with each parent, then by default a judge would enter such an order. However, if there is evidence that one parent is unfit or circumstances would reasonably prevent a child from spending equal time with each parent, then a judge will enter a different custody order.