IN
Indiana House Bill HB1061

Indiana 2024 Regular Session

Indiana House Bill HB1061 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1061
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 31-9-2-67; IC 31-14-13; IC 31-17-2.
77 Synopsis: Joint custody. Provides that a biological mother and
88 biological father have joint legal custody unless otherwise provided by
99 law. Requires a court to award joint legal custody unless it is in the
1010 child's best interest that sole legal custody be awarded. Provides that an
1111 award of joint legal custody creates a rebuttable presumption in favor
1212 of equal division of parenting time, and to rebut the presumption, a
1313 parent must prove that equal parenting time would be detrimental to the
1414 child.
1515 Effective: July 1, 2024.
1616 DeVon
1717 January 8, 2024, read first time and referred to Committee on Judiciary.
1818 2024 IN 1061—LS 6504/DI 148 Introduced
1919 Second Regular Session of the 123rd General Assembly (2024)
2020 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2121 Constitution) is being amended, the text of the existing provision will appear in this style type,
2222 additions will appear in this style type, and deletions will appear in this style type.
2323 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2424 provision adopted), the text of the new provision will appear in this style type. Also, the
2525 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2626 a new provision to the Indiana Code or the Indiana Constitution.
2727 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2828 between statutes enacted by the 2023 Regular Session of the General Assembly.
2929 HOUSE BILL No. 1061
3030 A BILL FOR AN ACT to amend the Indiana Code concerning
3131 family law and juvenile law.
3232 Be it enacted by the General Assembly of the State of Indiana:
3333 1 SECTION 1. IC 31-9-2-67, AS AMENDED BY P.L.95-2009,
3434 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3535 3 JULY 1, 2024]: Sec. 67. "Joint legal custody", for purposes of
3636 4 IC 31-14-13, IC 31-17-2-13, IC 31-17-2-14, and IC 31-17-2-15, means
3737 5 that the persons awarded joint custody will share authority and
3838 6 responsibility for the major decisions concerning the child's
3939 7 upbringing, including the child's education, health care, and religious
4040 8 training.
4141 9 SECTION 2. IC 31-14-13-1, AS AMENDED BY P.L.25-2010,
4242 10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4343 11 JULY 1, 2024]: Sec. 1. A biological mother of a child born out of
4444 12 wedlock has sole legal custody of the child, except as provided in
4545 13 IC 16-37-2-2.1, and A biological mother and biological father have
4646 14 joint legal custody, unless a statute or court order provides otherwise
4747 15 under the following:
4848 16 (1) IC 12-26 (involuntary commitment of a child).
4949 17 (2) IC 29-3 (guardianship and protective proceedings under the
5050 2024 IN 1061—LS 6504/DI 148 2
5151 1 probate code).
5252 2 (3) IC 31-14 (custody of a child born outside of a marriage).
5353 3 (4) IC 31-34 (child in need of services).
5454 4 (5) IC 31-37 (delinquent child).
5555 5 (6) IC 35-46 (offenses against the family).
5656 6 (7) IC 35-50 (criminal sentences).
5757 7 (8) An order by a court that has jurisdiction over the child.
5858 8 SECTION 3. IC 31-14-13-2 IS AMENDED TO READ AS
5959 9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The court shall
6060 10 determine custody in accordance with award joint legal custody
6161 11 unless the court finds that an award of sole legal custody would be
6262 12 in the best interests of the child. In determining the child's best
6363 13 interests, there is not a presumption favoring either parent. The court
6464 14 shall consider all relevant factors, including the following:
6565 15 (1) The age and sex of the child.
6666 16 (2) The wishes of the child's parents.
6767 17 (3) The wishes of the child, with more consideration given to the
6868 18 child's wishes if the child is at least fourteen (14) years of age.
6969 19 (4) The interaction and interrelationship of the child with:
7070 20 (A) the child's parents;
7171 21 (B) the child's siblings; and
7272 22 (C) any other person who may significantly affect the child's
7373 23 best interest.
7474 24 (5) The child's adjustment to home, school, and community.
7575 25 (6) The mental and physical health of all individuals involved.
7676 26 (7) Evidence of a pattern of domestic or family violence by either
7777 27 parent.
7878 28 (8) Evidence that the child has been cared for by a de facto
7979 29 custodian, and if the evidence is sufficient, the court shall
8080 30 consider the factors described in section 2.5(b) of this chapter.
8181 31 (b) An award of joint legal custody creates a rebuttable
8282 32 presumption for an equal division of parenting time. To rebut this
8383 33 presumption, a parent must prove, by a preponderance of the
8484 34 evidence, that the equal division of parenting time would be
8585 35 detrimental to the child.
8686 36 SECTION 4. IC 31-14-13-2.3 IS REPEALED [EFFECTIVE JULY
8787 37 1, 2024]. Sec. 2.3. (a) In a proceeding to which this chapter applies, the
8888 38 court may award legal custody of a child jointly if the court finds that
8989 39 an award of joint legal custody would be in the best interest of the
9090 40 child.
9191 41 (b) An award of joint legal custody under this section does not
9292 42 require an equal division of physical custody of the child.
9393 2024 IN 1061—LS 6504/DI 148 3
9494 1 (c) In determining whether an award of joint legal custody under
9595 2 this section would be in the best interest of the child, the court shall
9696 3 consider it a matter of primary, but not determinative, importance that
9797 4 the persons awarded joint legal custody have agreed to an award of
9898 5 joint legal custody. The court shall also consider:
9999 6 (1) the fitness and suitability of each of the persons awarded joint
100100 7 legal custody;
101101 8 (2) whether the persons awarded joint legal custody are willing
102102 9 and able to communicate and cooperate in advancing the child's
103103 10 welfare;
104104 11 (3) the wishes of the child, with more consideration given to the
105105 12 child's wishes if the child is at least fourteen (14) years of age;
106106 13 (4) whether the child has established a close and beneficial
107107 14 relationship with both of the persons awarded joint legal custody;
108108 15 (5) whether the persons awarded joint legal custody:
109109 16 (A) live in close proximity to each other; and
110110 17 (B) plan to continue to do so;
111111 18 (6) the nature of the physical and emotional environment in the
112112 19 home of each of the persons awarded joint legal custody; and
113113 20 (7) whether there is a pattern of domestic or family violence.
114114 21 SECTION 5. IC 31-14-13-6 IS AMENDED TO READ AS
115115 22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The court may
116116 23 not modify a child custody order unless:
117117 24 (1) modification is in the best interests of the child; and
118118 25 (2) there is a substantial change in one (1) or more of the factors
119119 26 that the court may consider. under section 2 and, if applicable,
120120 27 section 2.5 of this chapter.
121121 28 (b) For purposes of modification under this section, a
122122 29 noncustodial parent's move is considered a substantial change if
123123 30 the noncustodial parent:
124124 31 (1) previously resided more than fifty (50) miles; and
125125 32 (2) currently resides not more than fifty (50) miles;
126126 33 away from the child.
127127 34 SECTION 6. IC 31-17-2-8, AS AMENDED BY P.L.194-2017,
128128 35 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
129129 36 JULY 1, 2024]: Sec. 8. (a) The court shall determine custody and enter
130130 37 a custody order in accordance with award joint legal custody unless
131131 38 the court finds that an award of sole legal custody would be in the
132132 39 best interests of the child. In determining the best interests of the child,
133133 40 there is no presumption favoring either parent. The court shall consider
134134 41 all relevant factors, including the following:
135135 42 (1) The age and sex of the child.
136136 2024 IN 1061—LS 6504/DI 148 4
137137 1 (2) The wishes of the child's parent or parents.
138138 2 (3) The wishes of the child, with more consideration given to the
139139 3 child's wishes if the child is at least fourteen (14) years of age.
140140 4 (4) The interaction and interrelationship of the child with:
141141 5 (A) the child's parent or parents;
142142 6 (B) the child's sibling; and
143143 7 (C) any other person who may significantly affect the child's
144144 8 best interests.
145145 9 (5) The child's adjustment to the child's:
146146 10 (A) home;
147147 11 (B) school; and
148148 12 (C) community.
149149 13 (6) The mental and physical health of all individuals involved.
150150 14 (7) Evidence of a pattern of domestic or family violence by either
151151 15 parent.
152152 16 (8) Evidence that the child has been cared for by a de facto
153153 17 custodian, and if the evidence is sufficient, the court shall
154154 18 consider the factors described in section 8.5(b) of this chapter.
155155 19 (9) A designation in a power of attorney of:
156156 20 (A) the child's parent; or
157157 21 (B) a person found to be a de facto custodian of the child.
158158 22 (b) An award of joint legal custody creates a rebuttable
159159 23 presumption for an equal division of parenting time. To rebut this
160160 24 presumption, a parent must prove, by a preponderance of the
161161 25 evidence, that the equal division of parenting time would be
162162 26 detrimental to the child.
163163 27 SECTION 7. IC 31-17-2-13 IS REPEALED [EFFECTIVE JULY 1,
164164 28 2024]. Sec. 13. The court may award legal custody of a child jointly if
165165 29 the court finds that an award of joint legal custody would be in the best
166166 30 interest of the child.
167167 31 SECTION 8. IC 31-17-2-14 IS REPEALED [EFFECTIVE JULY 1,
168168 32 2024]. Sec. 14. An award of joint legal custody under section 13 of this
169169 33 chapter does not require an equal division of physical custody of the
170170 34 child.
171171 35 SECTION 9. IC 31-17-2-15 IS REPEALED [EFFECTIVE JULY 1,
172172 36 2024]. Sec. 15. In determining whether an award of joint legal custody
173173 37 under section 13 of this chapter would be in the best interest of the
174174 38 child, the court shall consider it a matter of primary, but not
175175 39 determinative, importance that the persons awarded joint custody have
176176 40 agreed to an award of joint legal custody. The court shall also consider:
177177 41 (1) the fitness and suitability of each of the persons awarded joint
178178 42 custody;
179179 2024 IN 1061—LS 6504/DI 148 5
180180 1 (2) whether the persons awarded joint custody are willing and
181181 2 able to communicate and cooperate in advancing the child's
182182 3 welfare;
183183 4 (3) the wishes of the child, with more consideration given to the
184184 5 child's wishes if the child is at least fourteen (14) years of age;
185185 6 (4) whether the child has established a close and beneficial
186186 7 relationship with both of the persons awarded joint custody;
187187 8 (5) whether the persons awarded joint custody:
188188 9 (A) live in close proximity to each other; and
189189 10 (B) plan to continue to do so; and
190190 11 (6) the nature of the physical and emotional environment in the
191191 12 home of each of the persons awarded joint custody.
192192 13 SECTION 10. IC 31-17-2-21 IS AMENDED TO READ AS
193193 14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 21. (a) The court may
194194 15 not modify a child custody order unless:
195195 16 (1) the modification is in the best interests of the child; and
196196 17 (2) there is a substantial change in one (1) or more of the factors
197197 18 that the court may consider. under section 8 and, if applicable,
198198 19 section 8.5 of this chapter.
199199 20 (b) In making its determination, the court shall consider the factors
200200 21 listed under section 8 of this chapter.
201201 22 (c) The court shall not hear evidence on a matter occurring before
202202 23 the last custody proceeding between the parties unless the matter
203203 24 relates to a change in the factors relating to the best interests of the
204204 25 child as described by section 8 and, if applicable, section 8.5 of this
205205 26 chapter.
206206 27 (d) For purposes of modification under this section, a
207207 28 noncustodial parent's move is considered a substantial change if
208208 29 the noncustodial parent:
209209 30 (1) previously resided more than fifty (50) miles; and
210210 31 (2) currently resides not more than fifty (50) miles;
211211 32 away from the child.
212212 2024 IN 1061—LS 6504/DI 148