Indiana 2022 Regular Session

Indiana House Bill HB1329 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1329
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-9-2-67.1; IC 31-14; IC 31-17.
7	7	Synopsis: Physical custody and parenting time. Adds a rebuttable
8	8	presumption in child custody proceedings that: (1) joint physical
9	9	custody is in the best interests of the child; and (2) equal parenting time
10	10	is in the best interests of the child. Provides that a court, in determining
11	11	custody of a child, shall consider evidence that relocation of the child
12	12	to an area outside the jurisdiction of the court is not in the child's best
13	13	interests, unless written consent to the relocation is provided to the
14	14	court by: (1) both parents of the child; and (2) the child's de facto
15	15	custodian, if the court finds that the child has been cared for by a de
16	16	facto custodian. Provides that the default joint physical custody or
17	17	parenting time schedule is to alternate weekly physical custody of the
18	18	child, unless the parents submit an alternative schedule that is approved
19	19	by the court. Provides that a noncustodial parent is entitled to
20	20	reasonable parenting time rights unless the court finds by clear and
21	21	convincing evidence that parenting time might: (1) endanger the child's
22	22	physical health and well-being; or (2) significantly impair the child's
23	23	emotional development. Provides that if a court finds that granting
24	24	parenting time to a noncustodial parent is not in the child's best
25	25	interests, the court shall document the court's findings of fact and
26	26	conclusions in writing and provide the written findings and conclusions
27	27	to: (1) both parents of the child; and (2) the de facto custodian of the
28	28	child, if the court finds that the child has been cared for by a de facto
29	29	custodian. Provides that a court shall not restrict a parent's parenting
30	30	time rights unless the court finds by clear and convincing evidence that
31	31	the parenting time might endanger the child's physical health or
32	32	significantly impair the child's emotional development. Provides that
33	33	(Continued next page)
34	34	Effective: July 1, 2022.
35	35	VanNatter
36	36	January 11, 2022, read first time and referred to Committee on Judiciary.
37	37	2022 IN 1329—LS 7231/DI 119 Digest Continued
38	38	a court shall (rather than may, under current law) provide in a parenting
39	39	time order or modification of a parenting time order for a security,
40	40	bond, or other guarantee to secure enforcement of the parenting time
41	41	order. Provides that a noncustodial parent may make up parenting time
42	42	missed as the result of: (1) the noncustodial parent's: (A) active
43	43	deployment in the armed forces of the United States; (B) active service
44	44	in a state, county, or local law enforcement agency; (C) active service
45	45	in a fire department; or (D) employment related trips or training; or (2)
46	46	other factors the court considers to have directly impeded participation
47	47	of the parent in parenting time. Provides that a noncustodial parent who
48	48	is barred by a custodial parent from exercising parenting time rights
49	49	granted to the noncustodial parent by a court may file for an injunction
50	50	against the custodial parent in a court that has jurisdiction over a child
51	51	custody proceeding with regard to the child. Provides that if a court: (1)
52	52	issues an injunction or temporary restraining order with regard to a
53	53	custodial parent's denial of court ordered parenting time to the child's
54	54	noncustodial parent; and (2) finds that the custodial parent has, without
55	55	justifiable cause, violated the injunction or temporary restraining order;
56	56	the court may modify custody of the child.
57	57	2022 IN 1329—LS 7231/DI 1192022 IN 1329—LS 7231/DI 119 Introduced
58	58	Second Regular Session of the 122nd General Assembly (2022)
59	59	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
60	60	Constitution) is being amended, the text of the existing provision will appear in this style type,
61	61	additions will appear in this style type, and deletions will appear in this style type.
62	62	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
63	63	provision adopted), the text of the new provision will appear in this style type. Also, the
64	64	word NEW will appear in that style type in the introductory clause of each SECTION that adds
65	65	a new provision to the Indiana Code or the Indiana Constitution.
66	66	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
67	67	between statutes enacted by the 2021 Regular Session of the General Assembly.
68	68	HOUSE BILL No. 1329
69	69	A BILL FOR AN ACT to amend the Indiana Code concerning
70	70	family law and juvenile law.
71	71	Be it enacted by the General Assembly of the State of Indiana:
72	72	1 SECTION 1. IC 31-9-2-67.1 IS ADDED TO THE INDIANA CODE
73	73	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
74	74	3 1, 2022]: Sec. 67.1. "Joint physical custody", for purposes of
75	75	4 IC 31-14 and IC 31-17, means that each parent or custodian has
76	76	5 equal, or nearly equal, periods of physical custody of the child.
77	77	6 SECTION 2. IC 31-14-13-2 IS AMENDED TO READ AS
78	78	7 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The court shall
79	79	8 determine custody in accordance with the best interests of the child. In
80	80	9 determining the child's best interests, there is not a presumption
81	81	10 favoring either parent, but there is a rebuttable presumption that
82	82	11 joint physical custody is in the best interests of the child. The court
83	83	12 shall consider all relevant factors, including the following:
84	84	13 (1) The age and sex of the child.
85	85	14 (2) The wishes of the child's parents.
86	86	15 (3) The wishes of the child, with more consideration given to the
87	87	2022 IN 1329—LS 7231/DI 119 2
88	88	1 child's wishes if the child is at least fourteen (14) years of age.
89	89	2 (4) The interaction and interrelationship of the child with:
90	90	3 (A) the child's parents;
91	91	4 (B) the child's siblings; and
92	92	5 (C) any other person who may significantly affect the child's
93	93	6 best interest.
94	94	7 (5) The child's adjustment to home, school, and community.
95	95	8 (6) The mental and physical health of all individuals involved.
96	96	9 (7) Evidence of a pattern of domestic or family violence by either
97	97	10 parent.
98	98	11 (8) Evidence that relocation of the child to an area outside the
99	99	12 jurisdiction of the court under this chapter is not in the child's
100	100	13 best interests, unless written consent to relocation of the child
101	101	14 to an area outside the jurisdiction of the court is provided to
102	102	15 the court by:
103	103	16 (A) both parents of the child; and
104	104	17 (B) the child's de facto custodian, if the court finds under
105	105	18 section 2.5 of this chapter that the child has been cared for
106	106	19 by a de facto custodian.
107	107	20 (8) (9) Evidence that the child has been cared for by a de facto
108	108	21 custodian, and if the evidence is sufficient, the court shall
109	109	22 consider the factors described in section 2.5(b) of this chapter.
110	110	23 (b) If the court enters an order for joint physical custody, the
111	111	24 parents shall alternate weekly physical custody of the child, unless
112	112	25 the parents submit an alternative schedule that is approved by the
113	113	26 court.
114	114	27 SECTION 3. IC 31-14-14-1, AS AMENDED BY P.L.223-2019,
115	115	28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
116	116	29 JULY 1, 2022]: Sec. 1. (a) A noncustodial parent is entitled to
117	117	30 reasonable parenting time rights unless the court finds after a hearing,
118	118	31 by clear and convincing evidence, that parenting time might:
119	119	32 (1) endanger the child's physical health and well-being; or
120	120	33 (2) significantly impair the child's emotional development.
121	121	34 (b) The court may interview the child in chambers to assist the court
122	122	35 in determining the child's perception of whether parenting time by the
123	123	36 noncustodial parent might endanger the child's physical health or
124	124	37 significantly impair the child's emotional development.
125	125	38 (c) In a hearing under subsection (a), there is a rebuttable
126	126	39 presumption that a person who has been convicted of:
127	127	40 (1) child molesting (IC 35-42-4-3); or
128	128	41 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
129	129	42 might endanger the child's physical health and well-being or
130	130	2022 IN 1329—LS 7231/DI 119 3
131	131	1 significantly impair the child's emotional development.
132	132	2 (d) Except as provided in subsection (e), if a court grants parenting
133	133	3 time rights to a person who has been convicted of:
134	134	4 (1) child molesting (IC 35-42-4-3); or
135	135	5 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
136	136	6 there is a rebuttable presumption that the parenting time with the child
137	137	7 must be supervised.
138	138	8 (e) If a court grants parenting time rights to a person who has been
139	139	9 convicted of:
140	140	10 (1) child molesting (IC 35-42-4-3); or
141	141	11 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
142	142	12 within the previous five (5) years, the court shall order that the
143	143	13 parenting time with the child must be supervised.
144	144	14 (f) The court may permit counsel to be present at the interview. If
145	145	15 counsel is present:
146	146	16 (1) a record may be made of the interview; and
147	147	17 (2) the interview may be made part of the record for purposes of
148	148	18 appeal.
149	149	19 (g) If the court does not make a finding that parenting time by
150	150	20 the noncustodial parent might endanger the child's physical health
151	151	21 and well-being or significantly impair the child's emotional
152	152	22 development as described in subsection (a), there is a rebuttable
153	153	23 presumption that it is in the best interests of the child for the
154	154	24 amount of parenting time by each parent to be as equal as possible.
155	155	25 (h) If the court finds that granting parenting time to a
156	156	26 noncustodial parent is not in the child's best interests, the court
157	157	27 shall document the court's findings of fact and conclusions in
158	158	28 writing and provide the written findings and conclusions to:
159	159	29 (1) both parents of the child; and
160	160	30 (2) the child's de facto custodian, if the court finds under
161	161	31 section IC 31-14-13-2.5 that the child has been cared for by a
162	162	32 de facto custodian.
163	163	33 (i) The default parenting time schedule is for parenting time to
164	164	34 alternate weekly between the parents, unless the parents submit an
165	165	35 alternative schedule that is approved by the court.
166	166	36 SECTION 4. IC 31-14-14-2, AS AMENDED BY P.L.68-2005,
167	167	37 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
168	168	38 JULY 1, 2022]: Sec. 2. The court may modify an order granting or
169	169	39 denying parenting time rights whenever modification would serve the
170	170	40 best interests of the child. However, the court shall not restrict a
171	171	41 parent's parenting time rights unless the court finds by clear and
172	172	42 convincing evidence that the parenting time might endanger the
173	173	2022 IN 1329—LS 7231/DI 119 4
174	174	1 child's physical health or significantly impair the child's emotional
175	175	2 development.
176	176	3 SECTION 5. IC 31-14-14-2.5, AS AMENDED BY P.L.68-2005,
177	177	4 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
178	178	5 JULY 1, 2022]: Sec. 2.5. The court may shall provide in:
179	179	6 (1) a parenting time order; or
180	180	7 (2) a modification of a parenting time order;
181	181	8 for the a security, bond, or other guarantee that is satisfactory to secure
182	182	9 enforcement of the parenting time order.
183	183	10 SECTION 6. IC 31-14-14-4, AS AMENDED BY P.L.68-2005,
184	184	11 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
185	185	12 JULY 1, 2022]: Sec. 4. A noncustodial parent who misses parenting
186	186	13 time as the result of:
187	187	14 (1) participation in: an activity of:
188	188	15 (1) (A) an activity of the Indiana National Guard; or
189	189	16 (2) (B) an activity of a reserve component of the armed forces
190	190	17 of the United States;
191	191	18 (C) an active deployment in the armed forces of the United
192	192	19 States;
193	193	20 (D) active service in a state, county, or local law
194	194	21 enforcement agency;
195	195	22 (E) active service in a fire department; or
196	196	23 (F) employment related trips or training; or
197	197	24 (2) other factors the court considers to have directly impeded
198	198	25 participation of the parent in parenting time with the child;
199	199	26 may make up the lost parenting time as provided in IC 10-16-7-22.
200	200	27 SECTION 7. IC 31-14-15-1, AS AMENDED BY P.L.68-2005,
201	201	28 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
202	202	29 JULY 1, 2022]: Sec. 1. A noncustodial parent who:
203	203	30 (1) has been granted parenting time rights with a child who lives
204	204	31 with the custodial parent;
205	205	32 (2) regularly pays support ordered by a court for the child; and
206	206	33 (3) is barred by a custodial parent from exercising parenting time
207	207	34 rights ordered for the noncustodial parent and the child;
208	208	35 may file, in the court that has jurisdiction over the paternity action or
209	209	36 jurisdiction over a child custody proceeding with regard to the
210	210	37 child under IC 31-17-2-1, an application for an injunction against the
211	211	38 custodial parent under Rule 65 of the Indiana Rules of Trial Procedure.
212	212	39 SECTION 8. IC 31-14-15-4, AS AMENDED BY P.L.68-2005,
213	213	40 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
214	214	41 JULY 1, 2022]: Sec. 4. A court that finds a violation without justifiable
215	215	42 cause by a custodial parent of an injunction or a temporary restraining
216	216	2022 IN 1329—LS 7231/DI 119 5
217	217	1 order issued under this chapter (or IC 31-6-6.1-12.1 before its repeal):
218	218	2 (1) shall find the custodial parent in contempt of court;
219	219	3 (2) shall order the exercise of parenting time that was not
220	220	4 exercised due to the violation under this section (or
221	221	5 IC 31-6-6.1-12.1(e) before its repeal) at a time the court considers
222	222	6 compatible with the schedules of the noncustodial parent and the
223	223	7 child;
224	224	8 (3) may order payment by the custodial parent of reasonable
225	225	9 attorney's fees, costs, and expenses to the noncustodial parent;
226	226	10 and
227	227	11 (4) may order the custodial parent to perform community
228	228	12 restitution or service without compensation in a manner specified
229	229	13 by the court; and
230	230	14 (5) may modify custody of the child under IC 31-14-13-8.
231	231	15 SECTION 9. IC 31-17-2-8, AS AMENDED BY P.L.194-2017,
232	232	16 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
233	233	17 JULY 1, 2022]: Sec. 8. (a) The court shall determine custody and enter
234	234	18 a custody order in accordance with the best interests of the child. In
235	235	19 determining the best interests of the child, there is no presumption
236	236	20 favoring either parent, but there is a rebuttable presumption that
237	237	21 joint physical custody is in the best interests of the child. The court
238	238	22 shall consider all relevant factors, including the following:
239	239	23 (1) The age and sex of the child.
240	240	24 (2) The wishes of the child's parent or parents.
241	241	25 (3) The wishes of the child, with more consideration given to the
242	242	26 child's wishes if the child is at least fourteen (14) years of age.
243	243	27 (4) The interaction and interrelationship of the child with:
244	244	28 (A) the child's parent or parents;
245	245	29 (B) the child's sibling; and
246	246	30 (C) any other person who may significantly affect the child's
247	247	31 best interests.
248	248	32 (5) The child's adjustment to the child's:
249	249	33 (A) home;
250	250	34 (B) school; and
251	251	35 (C) community.
252	252	36 (6) The mental and physical health of all individuals involved.
253	253	37 (7) Evidence of a pattern of domestic or family violence by either
254	254	38 parent.
255	255	39 (8) Evidence that relocation of the child to an area outside the
256	256	40 jurisdiction of the court under this chapter is not in the child's
257	257	41 best interests, unless written consent for relocation of the
258	258	42 child to an area outside the jurisdiction of the court is
259	259	2022 IN 1329—LS 7231/DI 119 6
260	260	1 provided to the court by:
261	261	2 (A) both parents of the child; and
262	262	3 (B) the child's de facto custodian, if the court finds under
263	263	4 section 8.5 of this chapter that the child has been cared for
264	264	5 by a de facto custodian.
265	265	6 (8) (9) Evidence that the child has been cared for by a de facto
266	266	7 custodian, and if the evidence is sufficient, the court shall
267	267	8 consider the factors described in section 8.5(b) of this chapter.
268	268	9 (9) (10) A designation in a power of attorney of:
269	269	10 (A) the child's parent; or
270	270	11 (B) a person found to be a de facto custodian of the child.
271	271	12 (b) If the court enters an order for joint physical custody, the
272	272	13 parents shall alternate physical custody of the child weekly, unless
273	273	14 the parents submit an alternative schedule that is approved by the
274	274	15 court.
275	275	16 SECTION 10. IC 31-17-4-1, AS AMENDED BY P.L.146-2021,
276	276	17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
277	277	18 JULY 1, 2022]: Sec. 1. (a) Subject to subsections (d) and (e) and
278	278	19 subject to section 1.1 of this chapter, a parent not granted custody of
279	279	20 the child is entitled to reasonable parenting time rights unless the court
280	280	21 finds after a hearing, by clear and convincing evidence, that parenting
281	281	22 time by the noncustodial parent might endanger the child's physical
282	282	23 health or significantly impair the child's emotional development.
283	283	24 (b) The court may interview the child in chambers to assist the court
284	284	25 in determining the child's perception of whether parenting time by the
285	285	26 noncustodial parent might endanger the child's physical health or
286	286	27 significantly impair the child's emotional development.
287	287	28 (c) The court may permit counsel to be present at the interview. If
288	288	29 counsel is present:
289	289	30 (1) a record may be made of the interview; and
290	290	31 (2) the interview may be made part of the record for purposes of
291	291	32 appeal.
292	292	33 (d) Except as provided in subsection (e), if a court grants parenting
293	293	34 time rights to a person who has been convicted of:
294	294	35 (1) child molesting (IC 35-42-4-3); or
295	295	36 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
296	296	37 there is a rebuttable presumption that the parenting time with the child
297	297	38 must be supervised.
298	298	39 (e) If a court grants parenting time rights to a person who has been
299	299	40 convicted of:
300	300	41 (1) child molesting (IC 35-42-4-3); or
301	301	42 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
302	302	2022 IN 1329—LS 7231/DI 119 7
303	303	1 within the previous five (5) years, the court shall order that the
304	304	2 parenting time with the child must be supervised.
305	305	3 (f) If the court does not make a finding that parenting time by
306	306	4 the noncustodial parent might endanger the child's physical health
307	307	5 or significantly impair the child's emotional development as
308	308	6 described in subsection (a), there is a rebuttable presumption that
309	309	7 it is in the best interests of the child for the amount of parenting
310	310	8 time by each parent to be as equal as possible.
311	311	9 (g) If the court finds that granting parenting time to a
312	312	10 noncustodial parent is not in the child's best interests, the court
313	313	11 shall document the court's findings of fact and conclusions in
314	314	12 writing and provide the written findings and conclusions to:
315	315	13 (1) both parents of the child; and
316	316	14 (2) the child's de facto custodian, if the court finds under
317	317	15 IC 31-17-2-8.5 that the child has been cared for by a de facto
318	318	16 custodian.
319	319	17 (h) The default parenting time schedule is for parenting time to
320	320	18 alternate weekly between the parents, unless the parents submit an
321	321	19 alternative schedule that is approved by the court.
322	322	20 SECTION 11. IC 31-17-4-2, AS AMENDED BY P.L.68-2005,
323	323	21 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
324	324	22 JULY 1, 2022]: Sec. 2. The court may modify an order granting or
325	325	23 denying parenting time rights whenever modification would serve the
326	326	24 best interests of the child. However, the court shall not restrict a
327	327	25 parent's parenting time rights unless the court finds by clear and
328	328	26 convincing evidence that the parenting time might endanger the child's
329	329	27 physical health or significantly impair the child's emotional
330	330	28 development.
331	331	29 SECTION 12. IC 31-17-4-2.5, AS AMENDED BY P.L.68-2005,
332	332	30 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
333	333	31 JULY 1, 2022]: Sec. 2.5. The court may shall provide in:
334	334	32 (1) a parenting time order; or
335	335	33 (2) a modification to a parenting time order;
336	336	34 for the security, bond, or other guarantee that is satisfactory to the court
337	337	35 to secure enforcement of the provisions of the parenting time order.
338	338	36 SECTION 13. IC 31-17-4-4, AS AMENDED BY P.L.68-2005,
339	339	37 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
340	340	38 JULY 1, 2022]: Sec. 4. A noncustodial parent who:
341	341	39 (1) has been granted parenting time rights with a child who lives
342	342	40 with the custodial parent;
343	343	41 (2) regularly pays support ordered by a court for the child; and
344	344	42 (3) is barred by a custodial parent from exercising parenting time
345	345	2022 IN 1329—LS 7231/DI 119 8
346	346	1 rights ordered for the noncustodial parent and the child;
347	347	2 may file, in the court that has jurisdiction over the dissolution of
348	348	3 marriage or jurisdiction over a child custody proceeding with
349	349	4 regard to the child under IC 31-17-2-1, an application for an
350	350	5 injunction against the custodial parent under Rule 65 of the Indiana
351	351	6 Rules of Trial Procedure.
352	352	7 SECTION 14. IC 31-17-4-8, AS AMENDED BY P.L.68-2005,
353	353	8 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
354	354	9 JULY 1, 2022]: Sec. 8. A court that finds an intentional violation
355	355	10 without justifiable cause by a custodial parent of an injunction or a
356	356	11 temporary restraining order issued under this chapter (or
357	357	12 IC 31-1-11.5-26 before its repeal):
358	358	13 (1) shall find the custodial parent in contempt of court;
359	359	14 (2) shall order the exercise of parenting time that was not
360	360	15 exercised due to the violation under this section at a time the
361	361	16 court considers compatible with the schedules of the noncustodial
362	362	17 parent and the child;
363	363	18 (3) may order payment by the custodial parent of reasonable
364	364	19 attorney's fees, costs, and expenses to the noncustodial parent;
365	365	20 and
366	366	21 (4) may order the custodial parent to perform community
367	367	22 restitution or service without compensation in a manner specified
368	368	23 by the court; and
369	369	24 (5) may modify custody of the child under IC 31-17-2-22.
370	370	25 SECTION 15. IC 31-17-4-10, AS AMENDED BY P.L.68-2005,
371	371	26 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
372	372	27 JULY 1, 2022]: Sec. 10. A noncustodial parent who misses parenting
373	373	28 time as the result of:
374	374	29 (1) participation in: an activity of:
375	375	30 (1) (A) an activity of the Indiana National Guard; or
376	376	31 (2) (B) an activity of a reserve component of the armed forces
377	377	32 of the United States;
378	378	33 (C) an active deployment in the armed forces of the United
379	379	34 States;
380	380	35 (D) active service in a state, county, or local law
381	381	36 enforcement agency;
382	382	37 (E) active service in a fire department; or
383	383	38 (F) employment related trips or training; or
384	384	39 (2) other factors the court considers to have directly impeded
385	385	40 participation of the parent in parenting time with the child;
386	386	41 may make up the lost parenting time as provided in IC 10-16-7-22.
387	387	2022 IN 1329—LS 7231/DI 119