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 7041 NOTE PREPARED: Jan 8, 2024
BILL NUMBER: HB 1423 BILL AMENDED:
SUBJECT: Parent-child Relationship.
FIRST AUTHOR: Rep. Judy BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that if a court in a paternity or child custody proceeding does
not award joint legal custody or joint physical custody of a child, the court shall enter findings of fact and
conclusions of law citing a preponderance of evidence that awarding joint legal custody or joint physical
custody is unreasonable and not in the best interest of the child. It provides for a court in a proceeding to
modify custody to consider any substantial changes in the facts underlying a previous court decision not to
award joint legal custody or joint physical custody. It provides that in allocating parenting time, there is a
rebuttable presumption that it is in the best interests of the child for parenting time to be allocated equally
or nearly equally between the child's custodial parent and the child's noncustodial parent. It also provides that
a finding by the court that a history of child abuse or neglect exists with respect to the child is sufficient to
rebut the presumption.
Effective Date: July 1, 2024.
Explanation of State Expenditures:
Explanation of State Revenues: 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.
The total revenue per case would range between $100 and $122. The amount deposited will vary 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.
HB 1423 1 Explanation of Local Expenditures: By establishing a rebuttable presumption for 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.
Courts with Jurisdiction: The court should be able to accomplish this task within existing resources.
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: 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 will receive $32 and qualifying municipalities will receive
a share of $3. If the case is filed in a municipal court, the county receives $20, and the municipality will
receive $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: Corrin Harvey, 317-234-9438.
HB 1423 2