Indiana 2025 Regular Session

Indiana House Bill HB1105 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. 1105
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-10-2-2; IC 31-14; IC 31-17.
7	7	Synopsis: Maximum practical parenting time. Requires a court in
8	8	certain circumstances to make decisions to promote continuity of
9	9	relationship by both parents with the child through maximum practical
10	10	parenting time with each parent. Provides that the ability of the parties
11	11	to encourage the sharing of love, affection, and contact between the
12	12	child and the other party is a permissible factor to consider in weighing
13	13	the best interests of a child. Provides that: (1) parents must be
14	14	encouraged to develop the parents' own parenting plans and parenting
15	15	time calendars, but if the parents cannot agree to a part of the plan, the
16	16	court shall provide the required components according to the best
17	17	interests of the child; (2) if the parents cannot agree at all, the parenting
18	18	time guidelines apply; and (3) the court must make specific findings of
19	19	fact and conclusions of law on the record to support any deviation of
20	20	parenting time that falls below the minimum standards in the parenting
21	21	time guidelines.
22	22	Effective: July 1, 2025.
23	23	VanNatter, DeVon
24	24	January 8, 2025, read first time and referred to Committee on Judiciary.
25	25	2025 IN 1105—LS 6521/DI 148 Introduced
26	26	First Regular Session of the 124th General Assembly (2025)
27	27	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	28	Constitution) is being amended, the text of the existing provision will appear in this style type,
29	29	additions will appear in this style type, and deletions will appear in this style type.
30	30	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	31	provision adopted), the text of the new provision will appear in this style type. Also, the
32	32	word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	33	a new provision to the Indiana Code or the Indiana Constitution.
34	34	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	35	between statutes enacted by the 2024 Regular Session of the General Assembly.
36	36	HOUSE BILL No. 1105
37	37	A BILL FOR AN ACT to amend the Indiana Code concerning
38	38	family law and juvenile law.
39	39	Be it enacted by the General Assembly of the State of Indiana:
40	40	1 SECTION 1. IC 31-10-2-2, AS ADDED BY P.L.210-2019,
41	41	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42	42	3 JULY 1, 2025]: Sec. 2. (a) For purposes of:
43	43	4 (1) IC 31-14;
44	44	5 (2) IC 31-15-4-8; and
45	45	6 (3) IC 31-17;
46	46	7 the court shall make all decisions considering the best interests of
47	47	8 the child, which includes promoting continuity of relationship by
48	48	9 both parents with the child through maximum practical parenting
49	49	10 time with each parent.
50	50	11 (b) For purposes of:
51	51	12 (1) IC 31-33;
52	52	13 (2) IC 31-34; and
53	53	14 (3) IC 31-35;
54	54	15 all decisions made by the department or the court shall be made in
55	55	16 consideration of the best interests of the child or children concerned.
56	56	17 SECTION 2. IC 31-14-13-2 IS AMENDED TO READ AS
57	57	2025 IN 1105—LS 6521/DI 148 2
58	58	1 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. The court shall
59	59	2 determine custody in accordance with the best interests of the child. In
60	60	3 determining the child's best interests, there is not a presumption
61	61	4 favoring either parent. The court shall consider all relevant factors,
62	62	5 including the following:
63	63	6 (1) The age and sex of the child.
64	64	7 (2) The wishes of the child's parents.
65	65	8 (3) The wishes of the child, with more consideration given to the
66	66	9 child's wishes if the child is at least fourteen (14) years of age.
67	67	10 (4) The interaction and interrelationship of the child with:
68	68	11 (A) the child's parents;
69	69	12 (B) the child's siblings; and
70	70	13 (C) any other person who may significantly affect the child's
71	71	14 best interest.
72	72	15 (5) The child's adjustment to home, school, and community.
73	73	16 (6) The mental and physical health of all individuals involved.
74	74	17 (7) The ability of the parties to encourage the sharing of love,
75	75	18 affection, and contact between the child and the other party.
76	76	19 (7) (8) Evidence of a pattern of domestic or family violence by
77	77	20 either parent.
78	78	21 (8) (9) Evidence that the child has been cared for by a de facto
79	79	22 custodian, and if the evidence is sufficient, the court shall
80	80	23 consider the factors described in section 2.5(b) of this chapter.
81	81	24 SECTION 3. IC 31-14-13-2.4 IS ADDED TO THE INDIANA
82	82	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
83	83	26 [EFFECTIVE JULY 1, 2025]: Sec. 2.4. (a) Parents must be
84	84	27 encouraged to develop the parents' own parenting plans and
85	85	28 parenting time calendars to be submitted under joint signature for
86	86	29 approval by the court. If the parents are unable to agree to a part
87	87	30 of the plan, the court shall provide the required components
88	88	31 according to the best interests of the child.
89	89	32 (b) If the parents cannot agree at all under subsection (a), the
90	90	33 parenting time guidelines apply.
91	91	34 (c) The court must make specific findings of fact and
92	92	35 conclusions of law on the record to support any deviation of
93	93	36 parenting time that falls below the minimum standards in the
94	94	37 parenting time guidelines.
95	95	38 SECTION 4. IC 31-14-14-1, AS AMENDED BY P.L.223-2019,
96	96	39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
97	97	40 JULY 1, 2025]: Sec. 1. (a) A noncustodial parent is entitled to
98	98	41 reasonable maximum practical parenting time rights unless the court
99	99	42 finds, after a hearing, that parenting time might:
100	100	2025 IN 1105—LS 6521/DI 148 3
101	101	1 (1) endanger the child's physical health and well-being; or
102	102	2 (2) significantly impair the child's emotional development.
103	103	3 (b) The court may interview the child in chambers to assist the court
104	104	4 in determining the child's perception of whether parenting time by the
105	105	5 noncustodial parent might endanger the child's physical health or
106	106	6 significantly impair the child's emotional development.
107	107	7 (c) In a hearing under subsection (a), there is a rebuttable
108	108	8 presumption that a person who has been convicted of:
109	109	9 (1) child molesting (IC 35-42-4-3); or
110	110	10 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
111	111	11 might endanger the child's physical health and well-being or
112	112	12 significantly impair the child's emotional development.
113	113	13 (d) Except as provided in subsection (e), if a court grants parenting
114	114	14 time rights to a person who has been convicted of:
115	115	15 (1) child molesting (IC 35-42-4-3); or
116	116	16 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
117	117	17 there is a rebuttable presumption that the parenting time with the child
118	118	18 must be supervised.
119	119	19 (e) If a court grants parenting time rights to a person who has been
120	120	20 convicted of:
121	121	21 (1) child molesting (IC 35-42-4-3); or
122	122	22 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
123	123	23 within the previous five (5) years, the court shall order that the
124	124	24 parenting time with the child must be supervised.
125	125	25 (f) The court may permit counsel to be present at the interview. If
126	126	26 counsel is present:
127	127	27 (1) a record may be made of the interview; and
128	128	28 (2) the interview may be made part of the record for purposes of
129	129	29 appeal.
130	130	30 SECTION 5. IC 31-17-2-8, AS AMENDED BY P.L.194-2017,
131	131	31 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
132	132	32 JULY 1, 2025]: Sec. 8. The court shall determine custody and enter a
133	133	33 custody order in accordance with the best interests of the child. In
134	134	34 determining the best interests of the child, there is no presumption
135	135	35 favoring either parent. The court shall consider all relevant factors,
136	136	36 including the following:
137	137	37 (1) The age and sex of the child.
138	138	38 (2) The wishes of the child's parent or parents.
139	139	39 (3) The wishes of the child, with more consideration given to the
140	140	40 child's wishes if the child is at least fourteen (14) years of age.
141	141	41 (4) The interaction and interrelationship of the child with:
142	142	42 (A) the child's parent or parents;
143	143	2025 IN 1105—LS 6521/DI 148 4
144	144	1 (B) the child's sibling; and
145	145	2 (C) any other person who may significantly affect the child's
146	146	3 best interests.
147	147	4 (5) The child's adjustment to the child's:
148	148	5 (A) home;
149	149	6 (B) school; and
150	150	7 (C) community.
151	151	8 (6) The mental and physical health of all individuals involved.
152	152	9 (7) The ability of the parties to encourage the sharing of love,
153	153	10 affection, and contact between the child and the other party.
154	154	11 (7) (8) Evidence of a pattern of domestic or family violence by
155	155	12 either parent.
156	156	13 (8) (9) Evidence that the child has been cared for by a de facto
157	157	14 custodian, and if the evidence is sufficient, the court shall
158	158	15 consider the factors described in section 8.5(b) of this chapter.
159	159	16 (9) (10) A designation in a power of attorney of:
160	160	17 (A) the child's parent; or
161	161	18 (B) a person found to be a de facto custodian of the child.
162	162	19 SECTION 6. IC 31-17-2-8.2 IS ADDED TO THE INDIANA CODE
163	163	20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
164	164	21 1, 2025]: Sec. 8.2. (a) Parents must be encouraged to develop the
165	165	22 parents' own parenting plans and parenting time calendars to be
166	166	23 submitted under joint signature for approval by the court. If the
167	167	24 parents are unable to agree to a part of the plan, the court shall
168	168	25 provide the required components according to the best interests of
169	169	26 the child.
170	170	27 (b) If the parents cannot agree at all under subsection (a), the
171	171	28 parenting time guidelines apply.
172	172	29 (c) The court must make specific findings of fact and
173	173	30 conclusions of law on the record to support any deviation of
174	174	31 parenting time that falls below the minimum standards in the
175	175	32 parenting time guidelines.
176	176	33 SECTION 7. IC 31-17-4-1, AS AMENDED BY P.L.146-2021,
177	177	34 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
178	178	35 JULY 1, 2025]: Sec. 1. (a) Subject to subsections (d) and (e) and
179	179	36 subject to section 1.1 of this chapter, a parent not granted custody of
180	180	37 the child is entitled to reasonable maximum practical parenting time
181	181	38 rights unless the court finds, after a hearing, that parenting time by the
182	182	39 noncustodial parent might endanger the child's physical health or
183	183	40 significantly impair the child's emotional development.
184	184	41 (b) The court may interview the child in chambers to assist the court
185	185	42 in determining the child's perception of whether parenting time by the
186	186	2025 IN 1105—LS 6521/DI 148 5
187	187	1 noncustodial parent might endanger the child's physical health or
188	188	2 significantly impair the child's emotional development.
189	189	3 (c) The court may permit counsel to be present at the interview. If
190	190	4 counsel is present:
191	191	5 (1) a record may be made of the interview; and
192	192	6 (2) the interview may be made part of the record for purposes of
193	193	7 appeal.
194	194	8 (d) Except as provided in subsection (e), if a court grants parenting
195	195	9 time rights to a person who has been convicted of:
196	196	10 (1) child molesting (IC 35-42-4-3); or
197	197	11 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
198	198	12 there is a rebuttable presumption that the parenting time with the child
199	199	13 must be supervised.
200	200	14 (e) If a court grants parenting time rights to a person who has been
201	201	15 convicted of:
202	202	16 (1) child molesting (IC 35-42-4-3); or
203	203	17 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
204	204	18 within the previous five (5) years, the court shall order that the
205	205	19 parenting time with the child must be supervised.
206	206	2025 IN 1105—LS 6521/DI 148