The bill would significantly amend existing family law statutes by creating a legal presumption of joint custody, thereby affecting decisions surrounding child custody in divorce and separation cases. Courts would need to assess a variety of factors, like the child's wishes, parental fitness, and any indicators of domestic violence when determining custody arrangements. This legislative change aims to promote shared responsibilities between parents while safeguarding children's interests, particularly when decisions about their education, healthcare, and general upbringing are concerned.
House Bill 1061 aims to establish a framework for joint legal custody in Indiana, asserting that both biological parents of a child will have joint legal custody unless stated otherwise by law. The bill mandates that courts will award joint legal custody as a standard approach with a provision for an equal division of parenting time, aligning with the child's best interests. This necessitates a substantive demonstration of detriment to the child's welfare before the court can grant sole custody to one parent.
While the bill sets a collaborative tone for parenting post-divorce, it may face scrutiny and objections from various stakeholders. Critics might argue that the rebuttable presumption towards equal parenting time could overlook the unique circumstances that arise in contentious custody cases or situations involving family violence. The potential for tension between parents could affect the child's emotional and physical environment, raising concerns about the adequacy of demonstrating detriment before a court can award sole custody.