Indiana House Bill HB1090

Indiana 2025 Regular Session

• Introduced: 1/8/25
• Refer: 1/8/25

Caption

Joint child custody.

Impact

If enacted, HB 1090 would potentially reshape the landscape of family law in Indiana, particularly in custody cases. Courts would be required to provide detailed findings whenever they decide against awarding joint custody, thereby increasing transparency in judicial decisions. Furthermore, the introduction of mandatory statistics on custody orders published by the judicial administration aims at fostering accountability and insights regarding custody decisions across the state.

Summary

House Bill 1090 is proposed legislation that aims to amend the Indiana Code concerning the laws of joint child custody. The bill establishes that courts should award joint physical and legal custody unless there is clear and convincing evidence that such arrangements would not be in the best interests of the child. This shift represents a significant change in how custody decisions are made, as it emphasizes joint arrangements between parents, promoting a balanced approach to child-rearing following separation or divorce.

Contention

The bill may spark debate among various stakeholders, including legal experts, parents, and advocacy groups. Proponents argue that joint custody supports the child's right to maintain relationships with both parents and promotes cooperative parenting. Critics, however, may raise concerns about the feasibility and potential challenges of enforcing joint custody arrangements, especially in cases involving domestic violence or significant parental conflict. The provision that considers false allegations of abuse in custody proceedings could also be contentious, as it could impact how cases are litigated.