Indiana 2025 Regular Session

Indiana House Bill HB1067 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1067
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-9-2-67; IC 31-14-13; IC 31-17-2.
7	7	Synopsis: Joint custody. Provides that a biological mother and
8	8	biological father have joint legal custody unless otherwise provided by
9	9	law. Requires a court to award joint legal custody unless it is in the
10	10	child's best interests that sole legal custody be awarded. Provides that
11	11	an award of joint legal custody creates a rebuttable presumption in
12	12	favor of equal division of parenting time, and to rebut the presumption,
13	13	a parent must prove that equal parenting time would be detrimental to
14	14	the child.
15	15	Effective: July 1, 2025.
16	16	DeVon
17	17	January 8, 2025, read first time and referred to Committee on Judiciary.
18	18	2025 IN 1067—LS 6234/DI 148 Introduced
19	19	First Regular Session of the 124th General Assembly (2025)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2024 Regular Session of the General Assembly.
29	29	HOUSE BILL No. 1067
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning
31	31	family law and juvenile law.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 31-9-2-67, AS AMENDED BY P.L.95-2009,
34	34	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35	35	3 JULY 1, 2025]: Sec. 67. "Joint legal custody", for purposes of
36	36	4 IC 31-14-13 IC 31-17-2-13, IC 31-17-2-14, and IC 31-17-2-15, and
37	37	5 IC 13-17-2-8, means that the persons awarded joint custody will share
38	38	6 authority and responsibility for the major decisions concerning the
39	39	7 child's upbringing, including the child's education, health care, and
40	40	8 religious training.
41	41	9 SECTION 2. IC 31-14-13-1, AS AMENDED BY P.L.25-2010,
42	42	10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
43	43	11 JULY 1, 2025]: Sec. 1. A biological mother of a child born out of
44	44	12 wedlock has sole legal custody of the child, except as provided in
45	45	13 IC 16-37-2-2.1, and biological father have joint legal custody, unless
46	46	14 a statute or court order provides otherwise under the following:
47	47	15 (1) IC 12-26 (involuntary commitment of a child).
48	48	16 (2) IC 29-3 (guardianship and protective proceedings under the
49	49	17 probate code).
50	50	2025 IN 1067—LS 6234/DI 148 2
51	51	1 (3) IC 31-14 (custody of a child born outside of a marriage).
52	52	2 (4) IC 31-34 (child in need of services).
53	53	3 (5) IC 31-37 (delinquent child).
54	54	4 (6) IC 35-46 (offenses against the family).
55	55	5 (7) IC 35-50 (criminal sentences).
56	56	6 (8) An order by a court that has jurisdiction over the child.
57	57	7 SECTION 3. IC 31-14-13-2 IS AMENDED TO READ AS
58	58	8 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The court shall
59	59	9 determine custody in accordance with award joint legal custody
60	60	10 unless the court finds that an award of sole legal custody would be
61	61	11 in the best interests of the child. In determining the child's best
62	62	12 interests, there is not a presumption favoring either parent. The court
63	63	13 shall consider all relevant factors, including the following:
64	64	14 (1) The age and sex of the child.
65	65	15 (2) The wishes of the child's parents.
66	66	16 (3) The wishes of the child, with more consideration given to the
67	67	17 child's wishes if the child is at least fourteen (14) years of age.
68	68	18 (4) The interaction and interrelationship of the child with:
69	69	19 (A) the child's parents;
70	70	20 (B) the child's siblings; and
71	71	21 (C) any other person who may significantly affect the child's
72	72	22 best interest.
73	73	23 (5) The child's adjustment to home, school, and community.
74	74	24 (6) The mental and physical health of all individuals involved.
75	75	25 (7) Evidence of a pattern of domestic or family violence by either
76	76	26 parent.
77	77	27 (8) Evidence that the child has been cared for by a de facto
78	78	28 custodian, and if the evidence is sufficient, the court shall
79	79	29 consider the factors described in section 2.5(b) of this chapter.
80	80	30 (b) An award of joint legal custody creates a rebuttable
81	81	31 presumption for an equal division of parenting time. To rebut this
82	82	32 presumption, a parent must prove, by a preponderance of the
83	83	33 evidence, that the equal division of parenting time would be
84	84	34 detrimental to the child.
85	85	35 SECTION 4. IC 31-14-13-2.3 IS REPEALED [EFFECTIVE JULY
86	86	36 1, 2025]. Sec. 2.3. (a) In a proceeding to which this chapter applies, the
87	87	37 court may award legal custody of a child jointly if the court finds that
88	88	38 an award of joint legal custody would be in the best interest of the
89	89	39 child.
90	90	40 (b) An award of joint legal custody under this section does not
91	91	41 require an equal division of physical custody of the child.
92	92	42 (c) In determining whether an award of joint legal custody under
93	93	2025 IN 1067—LS 6234/DI 148 3
94	94	1 this section would be in the best interest of the child, the court shall
95	95	2 consider it a matter of primary, but not determinative, importance that
96	96	3 the persons awarded joint legal custody have agreed to an award of
97	97	4 joint legal custody. The court shall also consider:
98	98	5 (1) the fitness and suitability of each of the persons awarded joint
99	99	6 legal custody;
100	100	7 (2) whether the persons awarded joint legal custody are willing
101	101	8 and able to communicate and cooperate in advancing the child's
102	102	9 welfare;
103	103	10 (3) the wishes of the child, with more consideration given to the
104	104	11 child's wishes if the child is at least fourteen (14) years of age;
105	105	12 (4) whether the child has established a close and beneficial
106	106	13 relationship with both of the persons awarded joint legal custody;
107	107	14 (5) whether the persons awarded joint legal custody:
108	108	15 (A) live in close proximity to each other; and
109	109	16 (B) plan to continue to do so;
110	110	17 (6) the nature of the physical and emotional environment in the
111	111	18 home of each of the persons awarded joint legal custody; and
112	112	19 (7) whether there is a pattern of domestic or family violence.
113	113	20 SECTION 5. IC 31-14-13-6 IS AMENDED TO READ AS
114	114	21 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) The court may
115	115	22 not modify a child custody order unless:
116	116	23 (1) modification is in the best interests of the child; and
117	117	24 (2) there is a substantial change in one (1) or more of the factors
118	118	25 that the court may consider. under section 2 and, if applicable,
119	119	26 section 2.5 of this chapter.
120	120	27 (b) For purposes of modification under this section, a
121	121	28 noncustodial parent's move is considered a substantial change if
122	122	29 the noncustodial parent:
123	123	30 (1) previously resided more than fifty (50) miles; and
124	124	31 (2) currently resides not more than fifty (50) miles;
125	125	32 away from the child.
126	126	33 SECTION 6. IC 31-17-2-8, AS AMENDED BY P.L.194-2017,
127	127	34 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
128	128	35 JULY 1, 2025]: Sec. 8. (a) The court shall determine custody and enter
129	129	36 a custody order in accordance with award joint legal custody unless
130	130	37 the court finds that an award of sole legal custody would be in the
131	131	38 best interests of the child. In determining the best interests of the child,
132	132	39 there is no presumption favoring either parent. The court shall consider
133	133	40 all relevant factors, including the following:
134	134	41 (1) The age and sex of the child.
135	135	42 (2) The wishes of the child's parent or parents.
136	136	2025 IN 1067—LS 6234/DI 148 4
137	137	1 (3) The wishes of the child, with more consideration given to the
138	138	2 child's wishes if the child is at least fourteen (14) years of age.
139	139	3 (4) The interaction and interrelationship of the child with:
140	140	4 (A) the child's parent or parents;
141	141	5 (B) the child's sibling; and
142	142	6 (C) any other person who may significantly affect the child's
143	143	7 best interests.
144	144	8 (5) The child's adjustment to the child's:
145	145	9 (A) home;
146	146	10 (B) school; and
147	147	11 (C) community.
148	148	12 (6) The mental and physical health of all individuals involved.
149	149	13 (7) Evidence of a pattern of domestic or family violence by either
150	150	14 parent.
151	151	15 (8) Evidence that the child has been cared for by a de facto
152	152	16 custodian, and if the evidence is sufficient, the court shall
153	153	17 consider the factors described in section 8.5(b) of this chapter.
154	154	18 (9) A designation in a power of attorney of:
155	155	19 (A) the child's parent; or
156	156	20 (B) a person found to be a de facto custodian of the child.
157	157	21 (b) An award of joint legal custody creates a rebuttable
158	158	22 presumption for an equal division of parenting time. To rebut this
159	159	23 presumption, a parent must prove, by a preponderance of the
160	160	24 evidence, that the equal division of parenting time would be
161	161	25 detrimental to the child.
162	162	26 SECTION 7. IC 31-17-2-13 IS REPEALED [EFFECTIVE JULY 1,
163	163	27 2025]. Sec. 13. The court may award legal custody of a child jointly if
164	164	28 the court finds that an award of joint legal custody would be in the best
165	165	29 interest of the child.
166	166	30 SECTION 8. IC 31-17-2-14 IS REPEALED [EFFECTIVE JULY 1,
167	167	31 2025]. Sec. 14. An award of joint legal custody under section 13 of this
168	168	32 chapter does not require an equal division of physical custody of the
169	169	33 child.
170	170	34 SECTION 9. IC 31-17-2-15 IS REPEALED [EFFECTIVE JULY 1,
171	171	35 2025]. Sec. 15. In determining whether an award of joint legal custody
172	172	36 under section 13 of this chapter would be in the best interest of the
173	173	37 child, the court shall consider it a matter of primary, but not
174	174	38 determinative, importance that the persons awarded joint custody have
175	175	39 agreed to an award of joint legal custody. The court shall also consider:
176	176	40 (1) the fitness and suitability of each of the persons awarded joint
177	177	41 custody;
178	178	42 (2) whether the persons awarded joint custody are willing and
179	179	2025 IN 1067—LS 6234/DI 148 5
180	180	1 able to communicate and cooperate in advancing the child's
181	181	2 welfare;
182	182	3 (3) the wishes of the child, with more consideration given to the
183	183	4 child's wishes if the child is at least fourteen (14) years of age;
184	184	5 (4) whether the child has established a close and beneficial
185	185	6 relationship with both of the persons awarded joint custody;
186	186	7 (5) whether the persons awarded joint custody:
187	187	8 (A) live in close proximity to each other; and
188	188	9 (B) plan to continue to do so; and
189	189	10 (6) the nature of the physical and emotional environment in the
190	190	11 home of each of the persons awarded joint custody.
191	191	12 SECTION 10. IC 31-17-2-21 IS AMENDED TO READ AS
192	192	13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 21. (a) The court may
193	193	14 not modify a child custody order unless:
194	194	15 (1) the modification is in the best interests of the child; and
195	195	16 (2) there is a substantial change in one (1) or more of the factors
196	196	17 that the court may consider. under section 8 and, if applicable,
197	197	18 section 8.5 of this chapter.
198	198	19 (b) In making its determination, the court shall consider the factors
199	199	20 listed under section 8 of this chapter.
200	200	21 (c) The court shall not hear evidence on a matter occurring before
201	201	22 the last custody proceeding between the parties unless the matter
202	202	23 relates to a change in the factors relating to the best interests of the
203	203	24 child as described by section 8 and, if applicable, section 8.5 of this
204	204	25 chapter.
205	205	26 (d) For purposes of modification under this section, a
206	206	27 noncustodial parent's move is considered a substantial change if
207	207	28 the noncustodial parent:
208	208	29 (1) previously resided more than fifty (50) miles; and
209	209	30 (2) currently resides not more than fifty (50) miles;
210	210	31 away from the child.
211	211	2025 IN 1067—LS 6234/DI 148