LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6504 NOTE PREPARED: Dec 19, 2023
BILL NUMBER: HB 1061 BILL AMENDED:
SUBJECT: Joint Custody.
FIRST AUTHOR: Rep. DeVon BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that a biological mother and biological father have joint legal
custody unless otherwise provided by law. The bill requires a court to award joint legal custody unless it is
in the child's best interest that sole legal custody be awarded. It also provides that an award of joint legal
custody creates a rebuttable presumption in favor of equal division of parenting time, and to rebut the
presumption, a parent must prove that equal parenting time would be detrimental to the child.
Effective Date: July 1, 2024.
Explanation of State Expenditures:
Explanation of State Revenues: Summary - To the extent this bill decreases child custody modification
requests or hearings related to establishing joint legal custody, state revenue from civil filings would
decrease.
Additional Information - The total revenue per civil case ranges between $100 and $122. The amount
deposited varies depending on whether the case is filed in a court of record or a municipal court. The
following linked document describes the fees and distribution of the revenue: Court fees imposed in civil,
probate, and small claims cases.
Explanation of Local Expenditures: By establishing a rebuttable presumption for joint legal custody and
equal division of parenting time, this bill could decrease court caseload to hear modifications to child custody
decrees concerning custody arrangements. Any impact on court caseload is indeterminable.
HB 1061 1 Additional Information - A biological father would have to establish paternity in order for the rebuttable
presumption to be in effect; in cases where paternity has not been established, joint legal and physical
custody will default to the mother.
Explanation of Local Revenues: Summary - To the extent this bill decreases child custody modification
requests or hearings related to establishing joint legal custody, local revenue from civil filings would
decrease.
If the case is filed in a court of record, the county receives $32 and qualifying municipalities receives a share
of $3. If the case is filed in a municipal court, the county receives $20, and the municipality receives $37.
The following linked document describes the fees and distribution of the revenue: Court fees imposed in
civil, probate, and small claims cases.
State Agencies Affected:
Local Agencies Affected: Trial courts, city and town courts.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual
Fiscal Analyst: Bill Brumbach, 317-232-9559.
HB 1061 2