Introduced Version
HOUSE BILL No. 1067
_____
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 interests 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, 2025.
DeVon
January 8, 2025, read first time and referred to Committee on Judiciary.
2025 IN 1067—LS 6234/DI 148 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1067
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, 2025]: 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, and
5 IC 13-17-2-8, means that the persons awarded joint custody will share
6 authority and responsibility for the major decisions concerning the
7 child's upbringing, including the child's education, health care, and
8 religious 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, 2025]: 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 biological father have joint legal custody, unless
14 a statute or court order provides otherwise under the following:
15 (1) IC 12-26 (involuntary commitment of a child).
16 (2) IC 29-3 (guardianship and protective proceedings under the
17 probate code).
2025 IN 1067—LS 6234/DI 148 2
1 (3) IC 31-14 (custody of a child born outside of a marriage).
2 (4) IC 31-34 (child in need of services).
3 (5) IC 31-37 (delinquent child).
4 (6) IC 35-46 (offenses against the family).
5 (7) IC 35-50 (criminal sentences).
6 (8) An order by a court that has jurisdiction over the child.
7 SECTION 3. IC 31-14-13-2 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The court shall
9 determine custody in accordance with award joint legal custody
10 unless the court finds that an award of sole legal custody would be
11 in the best interests of the child. In determining the child's best
12 interests, there is not a presumption favoring either parent. The court
13 shall consider all relevant factors, including the following:
14 (1) The age and sex of the child.
15 (2) The wishes of the child's parents.
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) The interaction and interrelationship of the child with:
19 (A) the child's parents;
20 (B) the child's siblings; and
21 (C) any other person who may significantly affect the child's
22 best interest.
23 (5) The child's adjustment to home, school, and community.
24 (6) The mental and physical health of all individuals involved.
25 (7) Evidence of a pattern of domestic or family violence by either
26 parent.
27 (8) Evidence that the child has been cared for by a de facto
28 custodian, and if the evidence is sufficient, the court shall
29 consider the factors described in section 2.5(b) of this chapter.
30 (b) An award of joint legal custody creates a rebuttable
31 presumption for an equal division of parenting time. To rebut this
32 presumption, a parent must prove, by a preponderance of the
33 evidence, that the equal division of parenting time would be
34 detrimental to the child.
35 SECTION 4. IC 31-14-13-2.3 IS REPEALED [EFFECTIVE JULY
36 1, 2025]. Sec. 2.3. (a) In a proceeding to which this chapter applies, the
37 court may award legal custody of a child jointly if the court finds that
38 an award of joint legal custody would be in the best interest of the
39 child.
40 (b) An award of joint legal custody under this section does not
41 require an equal division of physical custody of the child.
42 (c) In determining whether an award of joint legal custody under
2025 IN 1067—LS 6234/DI 148 3
1 this section would be in the best interest of the child, the court shall
2 consider it a matter of primary, but not determinative, importance that
3 the persons awarded joint legal custody have agreed to an award of
4 joint legal custody. The court shall also consider:
5 (1) the fitness and suitability of each of the persons awarded joint
6 legal custody;
7 (2) whether the persons awarded joint legal custody are willing
8 and able to communicate and cooperate in advancing the child's
9 welfare;
10 (3) the wishes of the child, with more consideration given to the
11 child's wishes if the child is at least fourteen (14) years of age;
12 (4) whether the child has established a close and beneficial
13 relationship with both of the persons awarded joint legal custody;
14 (5) whether the persons awarded joint legal custody:
15 (A) live in close proximity to each other; and
16 (B) plan to continue to do so;
17 (6) the nature of the physical and emotional environment in the
18 home of each of the persons awarded joint legal custody; and
19 (7) whether there is a pattern of domestic or family violence.
20 SECTION 5. IC 31-14-13-6 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) The court may
22 not modify a child custody order unless:
23 (1) modification is in the best interests of the child; and
24 (2) there is a substantial change in one (1) or more of the factors
25 that the court may consider. under section 2 and, if applicable,
26 section 2.5 of this chapter.
27 (b) 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.
33 SECTION 6. IC 31-17-2-8, AS AMENDED BY P.L.194-2017,
34 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 8. (a) The court shall determine custody and enter
36 a custody order in accordance with award joint legal custody unless
37 the court finds that an award of sole legal custody would be in the
38 best interests of the child. In determining the best interests of the child,
39 there is no presumption favoring either parent. The court shall consider
40 all relevant factors, including the following:
41 (1) The age and sex of the child.
42 (2) The wishes of the child's parent or parents.
2025 IN 1067—LS 6234/DI 148 4
1 (3) The wishes of the child, with more consideration given to the
2 child's wishes if the child is at least fourteen (14) years of age.
3 (4) The interaction and interrelationship of the child with:
4 (A) the child's parent or parents;
5 (B) the child's sibling; and
6 (C) any other person who may significantly affect the child's
7 best interests.
8 (5) The child's adjustment to the child's:
9 (A) home;
10 (B) school; and
11 (C) community.
12 (6) The mental and physical health of all individuals involved.
13 (7) Evidence of a pattern of domestic or family violence by either
14 parent.
15 (8) Evidence that the child has been cared for by a de facto
16 custodian, and if the evidence is sufficient, the court shall
17 consider the factors described in section 8.5(b) of this chapter.
18 (9) A designation in a power of attorney of:
19 (A) the child's parent; or
20 (B) a person found to be a de facto custodian of the child.
21 (b) An award of joint legal custody creates a rebuttable
22 presumption for an equal division of parenting time. To rebut this
23 presumption, a parent must prove, by a preponderance of the
24 evidence, that the equal division of parenting time would be
25 detrimental to the child.
26 SECTION 7. IC 31-17-2-13 IS REPEALED [EFFECTIVE JULY 1,
27 2025]. Sec. 13. The court may award legal custody of a child jointly if
28 the court finds that an award of joint legal custody would be in the best
29 interest of the child.
30 SECTION 8. IC 31-17-2-14 IS REPEALED [EFFECTIVE JULY 1,
31 2025]. Sec. 14. An award of joint legal custody under section 13 of this
32 chapter does not require an equal division of physical custody of the
33 child.
34 SECTION 9. IC 31-17-2-15 IS REPEALED [EFFECTIVE JULY 1,
35 2025]. Sec. 15. In determining whether an award of joint legal custody
36 under section 13 of this chapter would be in the best interest of the
37 child, the court shall consider it a matter of primary, but not
38 determinative, importance that the persons awarded joint custody have
39 agreed to an award of joint legal custody. The court shall also consider:
40 (1) the fitness and suitability of each of the persons awarded joint
41 custody;
42 (2) whether the persons awarded joint custody are willing and
2025 IN 1067—LS 6234/DI 148 5
1 able to communicate and cooperate in advancing the child's
2 welfare;
3 (3) the wishes of the child, with more consideration given to the
4 child's wishes if the child is at least fourteen (14) years of age;
5 (4) whether the child has established a close and beneficial
6 relationship with both of the persons awarded joint custody;
7 (5) whether the persons awarded joint custody:
8 (A) live in close proximity to each other; and
9 (B) plan to continue to do so; and
10 (6) the nature of the physical and emotional environment in the
11 home of each of the persons awarded joint custody.
12 SECTION 10. IC 31-17-2-21 IS AMENDED TO READ AS
13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 21. (a) The court may
14 not modify a child custody order unless:
15 (1) the modification is in the best interests of the child; and
16 (2) there is a substantial change in one (1) or more of the factors
17 that the court may consider. under section 8 and, if applicable,
18 section 8.5 of this chapter.
19 (b) In making its determination, the court shall consider the factors
20 listed under section 8 of this chapter.
21 (c) The court shall not hear evidence on a matter occurring before
22 the last custody proceeding between the parties unless the matter
23 relates to a change in the factors relating to the best interests of the
24 child as described by section 8 and, if applicable, section 8.5 of this
25 chapter.
26 (d) For purposes of modification under this section, a
27 noncustodial parent's move is considered a substantial change if
28 the noncustodial parent:
29 (1) previously resided more than fifty (50) miles; and
30 (2) currently resides not more than fifty (50) miles;
31 away from the child.
2025 IN 1067—LS 6234/DI 148