Introduced Version
HOUSE BILL No. 1423
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2; IC 31-14; IC 31-17.
Synopsis: Parent-child relationship. 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. 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. 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. 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: July 1, 2024.
Judy, Davis, McGuire, VanNatter
January 16, 2024, read first time and referred to Committee on Judiciary.
2024 IN 1423—LS 7041/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. 1423
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 31-9-2-67.2 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2024]: Sec. 67.2. "Joint physical custody", for purposes of
12 IC 31-14-13 and IC 31-17-2, means physical custody of a child
13 allocated equally or nearly equally between the child's parents or
14 custodians.
15 SECTION 3. IC 31-14-13-2.3, AS ADDED BY P.L.95-2009,
16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 2.3. (a) In a proceeding to which this chapter
2024 IN 1423—LS 7041/DI 148 2
1 applies, the court may award legal custody of a child jointly if the court
2 finds that an award of joint legal custody would be in the best interest
3 of the child.
4 (b) An award of joint legal custody under this section does not
5 require an equal division of physical custody of the child.
6 (c) (b) In determining whether an award of joint legal custody under
7 this section would be in the best interest of the child, the court shall
8 consider: it a matter of primary, but not determinative, importance that
9 the persons awarded joint legal custody have agreed to an award of
10 joint legal custody. The court shall also consider:
11 (1) the fitness and suitability of each of the persons awarded joint
12 legal custody;
13 (2) whether the persons awarded joint legal custody are willing
14 and able to communicate and cooperate in advancing the child's
15 welfare;
16 (3) the wishes of the child, with more consideration given to the
17 child's wishes if the child is at least fourteen (14) years of age;
18 (4) whether the child has established a close and beneficial
19 relationship with both of the persons awarded joint legal custody;
20 (5) whether the persons awarded joint legal custody:
21 (A) live in close proximity to each other; and
22 (B) plan to continue to do so;
23 (6) the nature of the physical and emotional environment in the
24 home of each of the persons awarded joint legal custody; and
25 (7) the mental and physical health of all individuals involved,
26 including whether there is a pattern of domestic or family
27 violence; and
28 (8) the needs of the child for a frequent, continuing, and
29 meaningful relationship with both parents and the ability and
30 willingness of both parents to actively perform their functions
31 as mother and father for the needs of the child.
32 (c) If the court does not award joint legal custody or joint
33 physical custody of the child, the court shall enter findings of fact
34 and conclusions of law citing a preponderance of evidence that
35 awarding joint legal custody or joint physical custody is
36 unreasonable and not in the best interest of the child.
37 SECTION 4. IC 31-14-13-6 IS AMENDED TO READ AS
38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. The court may not
39 modify a child custody order unless:
40 (1) modification is in the best interests of the child; and
41 (2) there is a substantial change in:
42 (A) one (1) or more of the factors that the court may consider
2024 IN 1423—LS 7041/DI 148 3
1 under section sections 2, 2.3(b), and, if applicable, section 2.5
2 of this chapter; and
3 (B) if applicable, the facts underlying the court's finding of
4 a preponderance of evidence under section 2.3(c) of this
5 chapter.
6 SECTION 5. IC 31-14-13-9 IS AMENDED TO READ AS
7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. In a proceeding for
8 a custody modification, the court may not hear evidence on a matter
9 occurring before the last custody proceeding between the parties unless
10 the matter relates to a change in the factors relating to the best interests
11 of the child as described in section 2 and, if applicable, section 2.5 of
12 this chapter. described in section 6(2) of this chapter.
13 SECTION 6. IC 31-14-14-1, AS AMENDED BY P.L.223-2019,
14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 1. (a) A noncustodial parent is entitled to
16 reasonable parenting time rights unless the court finds, after a hearing,
17 that parenting time might:
18 (1) endanger the child's physical health and well-being; or
19 (2) significantly impair the child's emotional development.
20 (b) The court may interview the child in chambers to assist the court
21 in determining the child's perception of whether parenting time by the
22 noncustodial parent might endanger the child's physical health or
23 significantly impair the child's emotional development.
24 (c) In a hearing under subsection (a), there is a rebuttable
25 presumption that a person who has been convicted of:
26 (1) child molesting (IC 35-42-4-3); or
27 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
28 might endanger the child's physical health and well-being or
29 significantly impair the child's emotional development.
30 (d) Except as provided in subsection (e), if a court grants parenting
31 time rights to a person who has been convicted of:
32 (1) child molesting (IC 35-42-4-3); or
33 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
34 there is a rebuttable presumption that the parenting time with the child
35 must be supervised.
36 (e) If a court grants parenting time rights to a person who has been
37 convicted of:
38 (1) child molesting (IC 35-42-4-3); or
39 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
40 within the previous five (5) years, the court shall order that the
41 parenting time with the child must be supervised.
42 (f) The court may permit counsel to be present at the interview. If
2024 IN 1423—LS 7041/DI 148 4
1 counsel is present:
2 (1) a record may be made of the interview; and
3 (2) the interview may be made part of the record for purposes of
4 appeal.
5 (g) If the court does not make a finding that parenting time by
6 the noncustodial parent might endanger the child's physical health
7 and well-being or significantly impair the child's emotional
8 development as described in subsection (a), there is a rebuttable
9 presumption that it is in the best interests of the child for parenting
10 time to be allocated equally or nearly equally between the child's
11 custodial parent and the child's noncustodial parent. A finding by
12 the court that a history of child abuse or neglect exists with respect
13 to the child is sufficient to rebut the presumption under this
14 subsection.
15 SECTION 7. IC 31-17-2-13 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) The court may
17 award legal custody of a child jointly if the court finds that an award of
18 joint legal custody would be in the best interest of the child.
19 (b) If the court does not award joint legal custody or joint
20 physical custody of the child, the court shall enter findings of fact
21 and conclusions of law citing a preponderance of evidence that
22 awarding joint legal custody or joint physical custody is
23 unreasonable and not in the best interest of the child.
24 SECTION 8. IC 31-17-2-14 IS REPEALED [EFFECTIVE JULY 1,
25 2024]. Sec. 14. An award of joint legal custody under section 13 of this
26 chapter does not require an equal division of physical custody of the
27 child.
28 SECTION 9. IC 31-17-2-15, AS AMENDED BY P.L.3-2008,
29 SECTION 237, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2024]: Sec. 15. In determining whether an
31 award of joint legal custody under section 13 of this chapter would be
32 in the best interest of the child, the court shall consider: it a matter of
33 primary, but not determinative, importance that the persons awarded
34 joint custody have agreed to an award of joint legal custody. The court
35 shall also consider:
36 (1) the fitness and suitability of each of the persons awarded joint
37 custody;
38 (2) whether the persons awarded joint custody are willing and
39 able to communicate and cooperate in advancing the child's
40 welfare;
41 (3) the wishes of the child, with more consideration given to the
42 child's wishes if the child is at least fourteen (14) years of age;
2024 IN 1423—LS 7041/DI 148 5
1 (4) whether the child has established a close and beneficial
2 relationship with both of the persons awarded joint custody;
3 (5) whether the persons awarded joint custody:
4 (A) live in close proximity to each other; and
5 (B) plan to continue to do so; and
6 (6) the nature of the physical and emotional environment in the
7 home of each of the persons awarded joint custody.
8 SECTION 10. IC 31-17-2-21 IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 21. (a) The court may
10 not modify a child custody order unless:
11 (1) the modification is in the best interests of the child; and
12 (2) there is a substantial change in:
13 (A) one (1) or more of the factors that the court may consider
14 under section sections 8, 15, and, if applicable, section 8.5 of
15 this chapter; and
16 (B) if applicable, the facts underlying the evidence cited by
17 the court under section 13(b) of this chapter.
18 (b) In making its determination, the court shall consider the factors
19 listed under section 8 of this chapter.
20 (c) The court shall not hear evidence on a matter occurring before
21 the last custody proceeding between the parties unless the matter
22 relates to a change in the factors relating to the best interests of the
23 child as described by section 8 and, if applicable, section 8.5 of this
24 chapter. described in subsection (a)(2).
25 SECTION 11. IC 31-17-4-1, AS AMENDED BY P.L.146-2021,
26 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 1. (a) Subject to subsections (d) and (e) and
28 subject to section 1.1 of this chapter, a parent not granted custody of
29 the child is entitled to reasonable parenting time rights unless the court
30 finds, after a hearing, that parenting time by the noncustodial parent
31 might endanger the child's physical health or significantly impair the
32 child's emotional development.
33 (b) The court may interview the child in chambers to assist the court
34 in determining the child's perception of whether parenting time by the
35 noncustodial parent might endanger the child's physical health or
36 significantly impair the child's emotional development.
37 (c) The court may permit counsel to be present at the interview. If
38 counsel is present:
39 (1) a record may be made of the interview; and
40 (2) the interview may be made part of the record for purposes of
41 appeal.
42 (d) Except as provided in subsection (e), if a court grants parenting
2024 IN 1423—LS 7041/DI 148 6
1 time rights to a person who has been convicted of:
2 (1) child molesting (IC 35-42-4-3); or
3 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
4 there is a rebuttable presumption that the parenting time with the child
5 must be supervised.
6 (e) If a court grants parenting time rights to a person who has been
7 convicted of:
8 (1) child molesting (IC 35-42-4-3); or
9 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
10 within the previous five (5) years, the court shall order that the
11 parenting time with the child must be supervised.
12 (f) If the court does not make a finding that parenting time by
13 the noncustodial parent might endanger the child's physical health
14 or significantly impair the child's emotional development as
15 described in subsection (a), there is a rebuttable presumption that
16 it is in the best interests of the child for parenting time to be
17 allocated equally or nearly equally between the child's custodial
18 parent and the child's noncustodial parent. A finding by the court
19 that a history of child abuse or neglect exists with respect to the
20 child is sufficient to rebut the presumption under this subsection.
2024 IN 1423—LS 7041/DI 148