IN
Indiana House Bill HB1423

Indiana 2024 Regular Session

Indiana House Bill HB1423 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22 Introduced Version
33 HOUSE BILL No. 1423
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 31-9-2; IC 31-14; IC 31-17.
77 Synopsis: Parent-child relationship. Provides that if a court in a
88 paternity or child custody proceeding does not award joint legal
99 custody or joint physical custody of a child, the court shall enter
1010 findings of fact and conclusions of law citing a preponderance of
1111 evidence that awarding joint legal custody or joint physical custody is
1212 unreasonable and not in the best interest of the child. Provides for a
1313 court in a proceeding to modify custody to consider any substantial
1414 changes in the facts underlying a previous court decision not to award
1515 joint legal custody or joint physical custody. Provides that in allocating
1616 parenting time, there is a rebuttable presumption that it is in the best
1717 interests of the child for parenting time to be allocated equally or nearly
1818 equally between the child's custodial parent and the child's
1919 noncustodial parent. Provides that a finding by the court that a history
2020 of child abuse or neglect exists with respect to the child is sufficient to
2121 rebut the presumption.
2222 Effective: July 1, 2024.
2323 Judy, Davis, McGuire, VanNatter
2424 January 16, 2024, read first time and referred to Committee on Judiciary.
2525 2024 IN 1423—LS 7041/DI 148 Introduced
2626 Second Regular Session of the 123rd General Assembly (2024)
2727 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2828 Constitution) is being amended, the text of the existing provision will appear in this style type,
2929 additions will appear in this style type, and deletions will appear in this style type.
3030 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3131 provision adopted), the text of the new provision will appear in this style type. Also, the
3232 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3333 a new provision to the Indiana Code or the Indiana Constitution.
3434 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3535 between statutes enacted by the 2023 Regular Session of the General Assembly.
3636 HOUSE BILL No. 1423
3737 A BILL FOR AN ACT to amend the Indiana Code concerning
3838 family law and juvenile law.
3939 Be it enacted by the General Assembly of the State of Indiana:
4040 1 SECTION 1. IC 31-9-2-67, AS AMENDED BY P.L.95-2009,
4141 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4242 3 JULY 1, 2024]: Sec. 67. "Joint legal custody", for purposes of
4343 4 IC 31-14-13, IC 31-17-2-13, IC 31-17-2-14, and IC 31-17-2-15, means
4444 5 that the persons awarded joint custody will share authority and
4545 6 responsibility for the major decisions concerning the child's
4646 7 upbringing, including the child's education, health care, and religious
4747 8 training.
4848 9 SECTION 2. IC 31-9-2-67.2 IS ADDED TO THE INDIANA CODE
4949 10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5050 11 1, 2024]: Sec. 67.2. "Joint physical custody", for purposes of
5151 12 IC 31-14-13 and IC 31-17-2, means physical custody of a child
5252 13 allocated equally or nearly equally between the child's parents or
5353 14 custodians.
5454 15 SECTION 3. IC 31-14-13-2.3, AS ADDED BY P.L.95-2009,
5555 16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5656 17 JULY 1, 2024]: Sec. 2.3. (a) In a proceeding to which this chapter
5757 2024 IN 1423—LS 7041/DI 148 2
5858 1 applies, the court may award legal custody of a child jointly if the court
5959 2 finds that an award of joint legal custody would be in the best interest
6060 3 of the child.
6161 4 (b) An award of joint legal custody under this section does not
6262 5 require an equal division of physical custody of the child.
6363 6 (c) (b) In determining whether an award of joint legal custody under
6464 7 this section would be in the best interest of the child, the court shall
6565 8 consider: it a matter of primary, but not determinative, importance that
6666 9 the persons awarded joint legal custody have agreed to an award of
6767 10 joint legal custody. The court shall also consider:
6868 11 (1) the fitness and suitability of each of the persons awarded joint
6969 12 legal custody;
7070 13 (2) whether the persons awarded joint legal custody are willing
7171 14 and able to communicate and cooperate in advancing the child's
7272 15 welfare;
7373 16 (3) the wishes of the child, with more consideration given to the
7474 17 child's wishes if the child is at least fourteen (14) years of age;
7575 18 (4) whether the child has established a close and beneficial
7676 19 relationship with both of the persons awarded joint legal custody;
7777 20 (5) whether the persons awarded joint legal custody:
7878 21 (A) live in close proximity to each other; and
7979 22 (B) plan to continue to do so;
8080 23 (6) the nature of the physical and emotional environment in the
8181 24 home of each of the persons awarded joint legal custody; and
8282 25 (7) the mental and physical health of all individuals involved,
8383 26 including whether there is a pattern of domestic or family
8484 27 violence; and
8585 28 (8) the needs of the child for a frequent, continuing, and
8686 29 meaningful relationship with both parents and the ability and
8787 30 willingness of both parents to actively perform their functions
8888 31 as mother and father for the needs of the child.
8989 32 (c) If the court does not award joint legal custody or joint
9090 33 physical custody of the child, the court shall enter findings of fact
9191 34 and conclusions of law citing a preponderance of evidence that
9292 35 awarding joint legal custody or joint physical custody is
9393 36 unreasonable and not in the best interest of the child.
9494 37 SECTION 4. IC 31-14-13-6 IS AMENDED TO READ AS
9595 38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. The court may not
9696 39 modify a child custody order unless:
9797 40 (1) modification is in the best interests of the child; and
9898 41 (2) there is a substantial change in:
9999 42 (A) one (1) or more of the factors that the court may consider
100100 2024 IN 1423—LS 7041/DI 148 3
101101 1 under section sections 2, 2.3(b), and, if applicable, section 2.5
102102 2 of this chapter; and
103103 3 (B) if applicable, the facts underlying the court's finding of
104104 4 a preponderance of evidence under section 2.3(c) of this
105105 5 chapter.
106106 6 SECTION 5. IC 31-14-13-9 IS AMENDED TO READ AS
107107 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. In a proceeding for
108108 8 a custody modification, the court may not hear evidence on a matter
109109 9 occurring before the last custody proceeding between the parties unless
110110 10 the matter relates to a change in the factors relating to the best interests
111111 11 of the child as described in section 2 and, if applicable, section 2.5 of
112112 12 this chapter. described in section 6(2) of this chapter.
113113 13 SECTION 6. IC 31-14-14-1, AS AMENDED BY P.L.223-2019,
114114 14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
115115 15 JULY 1, 2024]: Sec. 1. (a) A noncustodial parent is entitled to
116116 16 reasonable parenting time rights unless the court finds, after a hearing,
117117 17 that parenting time might:
118118 18 (1) endanger the child's physical health and well-being; or
119119 19 (2) significantly impair the child's emotional development.
120120 20 (b) The court may interview the child in chambers to assist the court
121121 21 in determining the child's perception of whether parenting time by the
122122 22 noncustodial parent might endanger the child's physical health or
123123 23 significantly impair the child's emotional development.
124124 24 (c) In a hearing under subsection (a), there is a rebuttable
125125 25 presumption that a person who has been convicted of:
126126 26 (1) child molesting (IC 35-42-4-3); or
127127 27 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
128128 28 might endanger the child's physical health and well-being or
129129 29 significantly impair the child's emotional development.
130130 30 (d) Except as provided in subsection (e), if a court grants parenting
131131 31 time rights to a person who has been convicted of:
132132 32 (1) child molesting (IC 35-42-4-3); or
133133 33 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
134134 34 there is a rebuttable presumption that the parenting time with the child
135135 35 must be supervised.
136136 36 (e) If a court grants parenting time rights to a person who has been
137137 37 convicted of:
138138 38 (1) child molesting (IC 35-42-4-3); or
139139 39 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
140140 40 within the previous five (5) years, the court shall order that the
141141 41 parenting time with the child must be supervised.
142142 42 (f) The court may permit counsel to be present at the interview. If
143143 2024 IN 1423—LS 7041/DI 148 4
144144 1 counsel is present:
145145 2 (1) a record may be made of the interview; and
146146 3 (2) the interview may be made part of the record for purposes of
147147 4 appeal.
148148 5 (g) If the court does not make a finding that parenting time by
149149 6 the noncustodial parent might endanger the child's physical health
150150 7 and well-being or significantly impair the child's emotional
151151 8 development as described in subsection (a), there is a rebuttable
152152 9 presumption that it is in the best interests of the child for parenting
153153 10 time to be allocated equally or nearly equally between the child's
154154 11 custodial parent and the child's noncustodial parent. A finding by
155155 12 the court that a history of child abuse or neglect exists with respect
156156 13 to the child is sufficient to rebut the presumption under this
157157 14 subsection.
158158 15 SECTION 7. IC 31-17-2-13 IS AMENDED TO READ AS
159159 16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) The court may
160160 17 award legal custody of a child jointly if the court finds that an award of
161161 18 joint legal custody would be in the best interest of the child.
162162 19 (b) If the court does not award joint legal custody or joint
163163 20 physical custody of the child, the court shall enter findings of fact
164164 21 and conclusions of law citing a preponderance of evidence that
165165 22 awarding joint legal custody or joint physical custody is
166166 23 unreasonable and not in the best interest of the child.
167167 24 SECTION 8. IC 31-17-2-14 IS REPEALED [EFFECTIVE JULY 1,
168168 25 2024]. Sec. 14. An award of joint legal custody under section 13 of this
169169 26 chapter does not require an equal division of physical custody of the
170170 27 child.
171171 28 SECTION 9. IC 31-17-2-15, AS AMENDED BY P.L.3-2008,
172172 29 SECTION 237, IS AMENDED TO READ AS FOLLOWS
173173 30 [EFFECTIVE JULY 1, 2024]: Sec. 15. In determining whether an
174174 31 award of joint legal custody under section 13 of this chapter would be
175175 32 in the best interest of the child, the court shall consider: it a matter of
176176 33 primary, but not determinative, importance that the persons awarded
177177 34 joint custody have agreed to an award of joint legal custody. The court
178178 35 shall also consider:
179179 36 (1) the fitness and suitability of each of the persons awarded joint
180180 37 custody;
181181 38 (2) whether the persons awarded joint custody are willing and
182182 39 able to communicate and cooperate in advancing the child's
183183 40 welfare;
184184 41 (3) the wishes of the child, with more consideration given to the
185185 42 child's wishes if the child is at least fourteen (14) years of age;
186186 2024 IN 1423—LS 7041/DI 148 5
187187 1 (4) whether the child has established a close and beneficial
188188 2 relationship with both of the persons awarded joint custody;
189189 3 (5) whether the persons awarded joint custody:
190190 4 (A) live in close proximity to each other; and
191191 5 (B) plan to continue to do so; and
192192 6 (6) the nature of the physical and emotional environment in the
193193 7 home of each of the persons awarded joint custody.
194194 8 SECTION 10. IC 31-17-2-21 IS AMENDED TO READ AS
195195 9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 21. (a) The court may
196196 10 not modify a child custody order unless:
197197 11 (1) the modification is in the best interests of the child; and
198198 12 (2) there is a substantial change in:
199199 13 (A) one (1) or more of the factors that the court may consider
200200 14 under section sections 8, 15, and, if applicable, section 8.5 of
201201 15 this chapter; and
202202 16 (B) if applicable, the facts underlying the evidence cited by
203203 17 the court under section 13(b) of this chapter.
204204 18 (b) In making its determination, the court shall consider the factors
205205 19 listed under section 8 of this chapter.
206206 20 (c) The court shall not hear evidence on a matter occurring before
207207 21 the last custody proceeding between the parties unless the matter
208208 22 relates to a change in the factors relating to the best interests of the
209209 23 child as described by section 8 and, if applicable, section 8.5 of this
210210 24 chapter. described in subsection (a)(2).
211211 25 SECTION 11. IC 31-17-4-1, AS AMENDED BY P.L.146-2021,
212212 26 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
213213 27 JULY 1, 2024]: Sec. 1. (a) Subject to subsections (d) and (e) and
214214 28 subject to section 1.1 of this chapter, a parent not granted custody of
215215 29 the child is entitled to reasonable parenting time rights unless the court
216216 30 finds, after a hearing, that parenting time by the noncustodial parent
217217 31 might endanger the child's physical health or significantly impair the
218218 32 child's emotional development.
219219 33 (b) The court may interview the child in chambers to assist the court
220220 34 in determining the child's perception of whether parenting time by the
221221 35 noncustodial parent might endanger the child's physical health or
222222 36 significantly impair the child's emotional development.
223223 37 (c) The court may permit counsel to be present at the interview. If
224224 38 counsel is present:
225225 39 (1) a record may be made of the interview; and
226226 40 (2) the interview may be made part of the record for purposes of
227227 41 appeal.
228228 42 (d) Except as provided in subsection (e), if a court grants parenting
229229 2024 IN 1423—LS 7041/DI 148 6
230230 1 time rights to a person who has been convicted of:
231231 2 (1) child molesting (IC 35-42-4-3); or
232232 3 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
233233 4 there is a rebuttable presumption that the parenting time with the child
234234 5 must be supervised.
235235 6 (e) If a court grants parenting time rights to a person who has been
236236 7 convicted of:
237237 8 (1) child molesting (IC 35-42-4-3); or
238238 9 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
239239 10 within the previous five (5) years, the court shall order that the
240240 11 parenting time with the child must be supervised.
241241 12 (f) If the court does not make a finding that parenting time by
242242 13 the noncustodial parent might endanger the child's physical health
243243 14 or significantly impair the child's emotional development as
244244 15 described in subsection (a), there is a rebuttable presumption that
245245 16 it is in the best interests of the child for parenting time to be
246246 17 allocated equally or nearly equally between the child's custodial
247247 18 parent and the child's noncustodial parent. A finding by the court
248248 19 that a history of child abuse or neglect exists with respect to the
249249 20 child is sufficient to rebut the presumption under this subsection.
250250 2024 IN 1423—LS 7041/DI 148