Introduced Version
HOUSE BILL No. 1105
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-10-2-2; IC 31-14; IC 31-17.
Synopsis: Maximum practical parenting time. Requires a court in
certain circumstances to make decisions to promote continuity of
relationship by both parents with the child through maximum practical
parenting time with each parent. Provides that the ability of the parties
to encourage the sharing of love, affection, and contact between the
child and the other party is a permissible factor to consider in weighing
the best interests of a child. Provides that: (1) parents must be
encouraged to develop the parents' own parenting plans and parenting
time calendars, but if the parents cannot agree to a part of the plan, the
court shall provide the required components according to the best
interests of the child; (2) if the parents cannot agree at all, the parenting
time guidelines apply; and (3) the court must make specific findings of
fact and conclusions of law on the record to support any deviation of
parenting time that falls below the minimum standards in the parenting
time guidelines.
Effective: July 1, 2025.
VanNatter, DeVon
January 8, 2025, read first time and referred to Committee on Judiciary.
2025 IN 1105—LS 6521/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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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1105
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 31-10-2-2, AS ADDED BY P.L.210-2019,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 2. (a) For purposes of:
4 (1) IC 31-14;
5 (2) IC 31-15-4-8; and
6 (3) IC 31-17;
7 the court shall make all decisions considering the best interests of
8 the child, which includes promoting continuity of relationship by
9 both parents with the child through maximum practical parenting
10 time with each parent.
11 (b) For purposes of:
12 (1) IC 31-33;
13 (2) IC 31-34; and
14 (3) IC 31-35;
15 all decisions made by the department or the court shall be made in
16 consideration of the best interests of the child or children concerned.
17 SECTION 2. IC 31-14-13-2 IS AMENDED TO READ AS
2025 IN 1105—LS 6521/DI 148 2
1 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. The court shall
2 determine custody in accordance with the best interests of the child. In
3 determining the child's best interests, there is not a presumption
4 favoring either parent. The court shall consider all relevant factors,
5 including the following:
6 (1) The age and sex of the child.
7 (2) The wishes of the child's parents.
8 (3) The wishes of the child, with more consideration given to the
9 child's wishes if the child is at least fourteen (14) years of age.
10 (4) The interaction and interrelationship of the child with:
11 (A) the child's parents;
12 (B) the child's siblings; and
13 (C) any other person who may significantly affect the child's
14 best interest.
15 (5) The child's adjustment to home, school, and community.
16 (6) The mental and physical health of all individuals involved.
17 (7) The ability of the parties to encourage the sharing of love,
18 affection, and contact between the child and the other party.
19 (7) (8) Evidence of a pattern of domestic or family violence by
20 either parent.
21 (8) (9) Evidence that the child has been cared for by a de facto
22 custodian, and if the evidence is sufficient, the court shall
23 consider the factors described in section 2.5(b) of this chapter.
24 SECTION 3. IC 31-14-13-2.4 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2025]: Sec. 2.4. (a) Parents must be
27 encouraged to develop the parents' own parenting plans and
28 parenting time calendars to be submitted under joint signature for
29 approval by the court. If the parents are unable to agree to a part
30 of the plan, the court shall provide the required components
31 according to the best interests of the child.
32 (b) If the parents cannot agree at all under subsection (a), the
33 parenting time guidelines apply.
34 (c) The court must make specific findings of fact and
35 conclusions of law on the record to support any deviation of
36 parenting time that falls below the minimum standards in the
37 parenting time guidelines.
38 SECTION 4. IC 31-14-14-1, AS AMENDED BY P.L.223-2019,
39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 1. (a) A noncustodial parent is entitled to
41 reasonable maximum practical parenting time rights unless the court
42 finds, after a hearing, that parenting time might:
2025 IN 1105—LS 6521/DI 148 3
1 (1) endanger the child's physical health and well-being; or
2 (2) significantly impair the child's emotional development.
3 (b) The court may interview the child in chambers to assist the court
4 in determining the child's perception of whether parenting time by the
5 noncustodial parent might endanger the child's physical health or
6 significantly impair the child's emotional development.
7 (c) In a hearing under subsection (a), there is a rebuttable
8 presumption that a person who has been convicted of:
9 (1) child molesting (IC 35-42-4-3); or
10 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
11 might endanger the child's physical health and well-being or
12 significantly impair the child's emotional development.
13 (d) Except as provided in subsection (e), if a court grants parenting
14 time rights to a person who has been convicted of:
15 (1) child molesting (IC 35-42-4-3); or
16 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
17 there is a rebuttable presumption that the parenting time with the child
18 must be supervised.
19 (e) If a court grants parenting time rights to a person who has been
20 convicted of:
21 (1) child molesting (IC 35-42-4-3); or
22 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
23 within the previous five (5) years, the court shall order that the
24 parenting time with the child must be supervised.
25 (f) The court may permit counsel to be present at the interview. If
26 counsel is present:
27 (1) a record may be made of the interview; and
28 (2) the interview may be made part of the record for purposes of
29 appeal.
30 SECTION 5. IC 31-17-2-8, AS AMENDED BY P.L.194-2017,
31 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 8. The court shall determine custody and enter a
33 custody order in accordance with the best interests of the child. In
34 determining the best interests of the child, there is no presumption
35 favoring either parent. The court shall consider all relevant factors,
36 including the following:
37 (1) The age and sex of the child.
38 (2) The wishes of the child's parent or parents.
39 (3) The wishes of the child, with more consideration given to the
40 child's wishes if the child is at least fourteen (14) years of age.
41 (4) The interaction and interrelationship of the child with:
42 (A) the child's parent or parents;
2025 IN 1105—LS 6521/DI 148 4
1 (B) the child's sibling; and
2 (C) any other person who may significantly affect the child's
3 best interests.
4 (5) The child's adjustment to the child's:
5 (A) home;
6 (B) school; and
7 (C) community.
8 (6) The mental and physical health of all individuals involved.
9 (7) The ability of the parties to encourage the sharing of love,
10 affection, and contact between the child and the other party.
11 (7) (8) Evidence of a pattern of domestic or family violence by
12 either parent.
13 (8) (9) Evidence that the child has been cared for by a de facto
14 custodian, and if the evidence is sufficient, the court shall
15 consider the factors described in section 8.5(b) of this chapter.
16 (9) (10) A designation in a power of attorney of:
17 (A) the child's parent; or
18 (B) a person found to be a de facto custodian of the child.
19 SECTION 6. IC 31-17-2-8.2 IS ADDED TO THE INDIANA CODE
20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
21 1, 2025]: Sec. 8.2. (a) Parents must be encouraged to develop the
22 parents' own parenting plans and parenting time calendars to be
23 submitted under joint signature for approval by the court. If the
24 parents are unable to agree to a part of the plan, the court shall
25 provide the required components according to the best interests of
26 the child.
27 (b) If the parents cannot agree at all under subsection (a), the
28 parenting time guidelines apply.
29 (c) The court must make specific findings of fact and
30 conclusions of law on the record to support any deviation of
31 parenting time that falls below the minimum standards in the
32 parenting time guidelines.
33 SECTION 7. IC 31-17-4-1, AS AMENDED BY P.L.146-2021,
34 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 1. (a) Subject to subsections (d) and (e) and
36 subject to section 1.1 of this chapter, a parent not granted custody of
37 the child is entitled to reasonable maximum practical parenting time
38 rights unless the court finds, after a hearing, that parenting time by the
39 noncustodial parent might endanger the child's physical health or
40 significantly impair the child's emotional development.
41 (b) The court may interview the child in chambers to assist the court
42 in determining the child's perception of whether parenting time by the
2025 IN 1105—LS 6521/DI 148 5
1 noncustodial parent might endanger the child's physical health or
2 significantly impair the child's emotional development.
3 (c) The court may permit counsel to be present at the interview. If
4 counsel is present:
5 (1) a record may be made of the interview; and
6 (2) the interview may be made part of the record for purposes of
7 appeal.
8 (d) Except as provided in subsection (e), if a court grants parenting
9 time rights to a person who has been convicted of:
10 (1) child molesting (IC 35-42-4-3); or
11 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
12 there is a rebuttable presumption that the parenting time with the child
13 must be supervised.
14 (e) If a court grants parenting time rights to a person who has been
15 convicted of:
16 (1) child molesting (IC 35-42-4-3); or
17 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
18 within the previous five (5) years, the court shall order that the
19 parenting time with the child must be supervised.
2025 IN 1105—LS 6521/DI 148