Introduced Version
HOUSE BILL No. 1061
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2-67; IC 31-14-13; IC 31-17-2.
Synopsis: Joint custody. Provides that a biological mother and
biological father have joint legal custody unless otherwise provided by
law. Requires a court to award joint legal custody unless it is in the
child's best interest that sole legal custody be awarded. 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: July 1, 2024.
DeVon
January 8, 2024, read first time and referred to Committee on Judiciary.
2024 IN 1061—LS 6504/DI 148 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1061
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 31-9-2-67, AS AMENDED BY P.L.95-2009,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 67. "Joint legal custody", for purposes of
4 IC 31-14-13, IC 31-17-2-13, IC 31-17-2-14, and IC 31-17-2-15, means
5 that the persons awarded joint custody will share authority and
6 responsibility for the major decisions concerning the child's
7 upbringing, including the child's education, health care, and religious
8 training.
9 SECTION 2. IC 31-14-13-1, AS AMENDED BY P.L.25-2010,
10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 1. A biological mother of a child born out of
12 wedlock has sole legal custody of the child, except as provided in
13 IC 16-37-2-2.1, and A biological mother and biological father have
14 joint legal custody, unless a statute or court order provides otherwise
15 under the following:
16 (1) IC 12-26 (involuntary commitment of a child).
17 (2) IC 29-3 (guardianship and protective proceedings under the
2024 IN 1061—LS 6504/DI 148 2
1 probate code).
2 (3) IC 31-14 (custody of a child born outside of a marriage).
3 (4) IC 31-34 (child in need of services).
4 (5) IC 31-37 (delinquent child).
5 (6) IC 35-46 (offenses against the family).
6 (7) IC 35-50 (criminal sentences).
7 (8) An order by a court that has jurisdiction over the child.
8 SECTION 3. IC 31-14-13-2 IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The court shall
10 determine custody in accordance with award joint legal custody
11 unless the court finds that an award of sole legal custody would be
12 in the best interests of the child. In determining the child's best
13 interests, there is not a presumption favoring either parent. The court
14 shall consider all relevant factors, including the following:
15 (1) The age and sex of the child.
16 (2) The wishes of the child's parents.
17 (3) The wishes of the child, with more consideration given to the
18 child's wishes if the child is at least fourteen (14) years of age.
19 (4) The interaction and interrelationship of the child with:
20 (A) the child's parents;
21 (B) the child's siblings; and
22 (C) any other person who may significantly affect the child's
23 best interest.
24 (5) The child's adjustment to home, school, and community.
25 (6) The mental and physical health of all individuals involved.
26 (7) Evidence of a pattern of domestic or family violence by either
27 parent.
28 (8) Evidence that the child has been cared for by a de facto
29 custodian, and if the evidence is sufficient, the court shall
30 consider the factors described in section 2.5(b) of this chapter.
31 (b) An award of joint legal custody creates a rebuttable
32 presumption for an equal division of parenting time. To rebut this
33 presumption, a parent must prove, by a preponderance of the
34 evidence, that the equal division of parenting time would be
35 detrimental to the child.
36 SECTION 4. IC 31-14-13-2.3 IS REPEALED [EFFECTIVE JULY
37 1, 2024]. Sec. 2.3. (a) In a proceeding to which this chapter applies, the
38 court may award legal custody of a child jointly if the court finds that
39 an award of joint legal custody would be in the best interest of the
40 child.
41 (b) An award of joint legal custody under this section does not
42 require an equal division of physical custody of the child.
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1 (c) In determining whether an award of joint legal custody under
2 this section would be in the best interest of the child, the court shall
3 consider it a matter of primary, but not determinative, importance that
4 the persons awarded joint legal custody have agreed to an award of
5 joint legal custody. The court shall also consider:
6 (1) the fitness and suitability of each of the persons awarded joint
7 legal custody;
8 (2) whether the persons awarded joint legal custody are willing
9 and able to communicate and cooperate in advancing the child's
10 welfare;
11 (3) the wishes of the child, with more consideration given to the
12 child's wishes if the child is at least fourteen (14) years of age;
13 (4) whether the child has established a close and beneficial
14 relationship with both of the persons awarded joint legal custody;
15 (5) whether the persons awarded joint legal custody:
16 (A) live in close proximity to each other; and
17 (B) plan to continue to do so;
18 (6) the nature of the physical and emotional environment in the
19 home of each of the persons awarded joint legal custody; and
20 (7) whether there is a pattern of domestic or family violence.
21 SECTION 5. IC 31-14-13-6 IS AMENDED TO READ AS
22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The court may
23 not modify a child custody order unless:
24 (1) modification is in the best interests of the child; and
25 (2) there is a substantial change in one (1) or more of the factors
26 that the court may consider. under section 2 and, if applicable,
27 section 2.5 of this chapter.
28 (b) For purposes of modification under this section, a
29 noncustodial parent's move is considered a substantial change if
30 the noncustodial parent:
31 (1) previously resided more than fifty (50) miles; and
32 (2) currently resides not more than fifty (50) miles;
33 away from the child.
34 SECTION 6. IC 31-17-2-8, AS AMENDED BY P.L.194-2017,
35 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 8. (a) The court shall determine custody and enter
37 a custody order in accordance with award joint legal custody unless
38 the court finds that an award of sole legal custody would be in the
39 best interests of the child. In determining the best interests of the child,
40 there is no presumption favoring either parent. The court shall consider
41 all relevant factors, including the following:
42 (1) The age and sex of the child.
2024 IN 1061—LS 6504/DI 148 4
1 (2) The wishes of the child's parent or parents.
2 (3) The wishes of the child, with more consideration given to the
3 child's wishes if the child is at least fourteen (14) years of age.
4 (4) The interaction and interrelationship of the child with:
5 (A) the child's parent or parents;
6 (B) the child's sibling; and
7 (C) any other person who may significantly affect the child's
8 best interests.
9 (5) The child's adjustment to the child's:
10 (A) home;
11 (B) school; and
12 (C) community.
13 (6) The mental and physical health of all individuals involved.
14 (7) Evidence of a pattern of domestic or family violence by either
15 parent.
16 (8) Evidence that the child has been cared for by a de facto
17 custodian, and if the evidence is sufficient, the court shall
18 consider the factors described in section 8.5(b) of this chapter.
19 (9) A designation in a power of attorney of:
20 (A) the child's parent; or
21 (B) a person found to be a de facto custodian of the child.
22 (b) An award of joint legal custody creates a rebuttable
23 presumption for an equal division of parenting time. To rebut this
24 presumption, a parent must prove, by a preponderance of the
25 evidence, that the equal division of parenting time would be
26 detrimental to the child.
27 SECTION 7. IC 31-17-2-13 IS REPEALED [EFFECTIVE JULY 1,
28 2024]. Sec. 13. The court may award legal custody of a child jointly if
29 the court finds that an award of joint legal custody would be in the best
30 interest of the child.
31 SECTION 8. IC 31-17-2-14 IS REPEALED [EFFECTIVE JULY 1,
32 2024]. Sec. 14. An award of joint legal custody under section 13 of this
33 chapter does not require an equal division of physical custody of the
34 child.
35 SECTION 9. IC 31-17-2-15 IS REPEALED [EFFECTIVE JULY 1,
36 2024]. Sec. 15. In determining whether an award of joint legal custody
37 under section 13 of this chapter would be in the best interest of the
38 child, the court shall consider it a matter of primary, but not
39 determinative, importance that the persons awarded joint custody have
40 agreed to an award of joint legal custody. The court shall also consider:
41 (1) the fitness and suitability of each of the persons awarded joint
42 custody;
2024 IN 1061—LS 6504/DI 148 5
1 (2) whether the persons awarded joint custody are willing and
2 able to communicate and cooperate in advancing the child's
3 welfare;
4 (3) the wishes of the child, with more consideration given to the
5 child's wishes if the child is at least fourteen (14) years of age;
6 (4) whether the child has established a close and beneficial
7 relationship with both of the persons awarded joint custody;
8 (5) whether the persons awarded joint custody:
9 (A) live in close proximity to each other; and
10 (B) plan to continue to do so; and
11 (6) the nature of the physical and emotional environment in the
12 home of each of the persons awarded joint custody.
13 SECTION 10. IC 31-17-2-21 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 21. (a) The court may
15 not modify a child custody order unless:
16 (1) the modification is in the best interests of the child; and
17 (2) there is a substantial change in one (1) or more of the factors
18 that the court may consider. under section 8 and, if applicable,
19 section 8.5 of this chapter.
20 (b) In making its determination, the court shall consider the factors
21 listed under section 8 of this chapter.
22 (c) The court shall not hear evidence on a matter occurring before
23 the last custody proceeding between the parties unless the matter
24 relates to a change in the factors relating to the best interests of the
25 child as described by section 8 and, if applicable, section 8.5 of this
26 chapter.
27 (d) For purposes of modification under this section, a
28 noncustodial parent's move is considered a substantial change if
29 the noncustodial parent:
30 (1) previously resided more than fifty (50) miles; and
31 (2) currently resides not more than fifty (50) miles;
32 away from the child.
2024 IN 1061—LS 6504/DI 148