Physical custody and parenting time.
The bill emphasizes that courts must consider evidence against a child's relocation outside the jurisdiction. This provision ensures that such decisions prioritize the child's welfare while protecting parental rights. Additionally, the bill stipulates that a noncustodial parent is entitled to reasonable parenting time rights unless there is clear and convincing evidence that such time could harm the child's well-being. This points to a judicial intent to maintain access to both parents post-divorce, aiming to support the child's emotional and developmental needs.
House Bill 1296 amends various sections of the Indiana Code concerning family law and juvenile law, particularly focusing on parenting time and custody arrangements. A significant aspect of the bill introduces a rebuttable presumption that joint physical custody and equal parenting time are in the best interests of the child. Under this presumption, courts would have to justify any deviation from equal custody arrangements, thereby promoting shared parenting responsibilities between both custodial and noncustodial parents. This is a notable shift aimed at reducing conflict during custody disputes and fostering cooperative parenting.
One area of potential contention lies in the bill's requirement for documentation when courts deny parenting time, which may lead to more contentious court proceedings as parties must justify their positions. There are also stipulations regarding parenting time for noncustodial parents with past criminal convictions related to child safety. Critics may argue that while the bill aims to promote shared custody, it may complicate custody disputes with increased judicial scrutiny over parental behaviors and decisions.
The bill also addresses various other elements of custody arrangements such as making up missed parenting time for noncustodial parents affected by military service, mandatory court orders for security to enforce parenting time, and provisions for awarding attorney fees in cases of contempt. These measures show an effort to strengthen enforcement mechanisms related to parenting time, thereby enhancing compliance and protecting parental rights.