Indiana House Bill 1306 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Republican 2-1)
Status: Introduced on January 14 2019 - 25% progression, died in committee
Action: 2019-01-29 - Representative Hatfield added as coauthor
Pending: House Judiciary Committee
Text: Latest bill text (Introduced) [PDF]

Presumption in favor of joint physical custody. Provides that an award of joint legal custody of a child creates a rebuttable presumption in favor of awarding joint physical custody of the child to the individuals who are awarded joint legal custody. Provides that a finding by the court that a history of child abuse or neglect exists with respect to the child is sufficient to rebut the presumption in favor of joint physical custody. Requires a court that: (1) awards joint legal custody of a child; but (2) does not award joint physical custody of the child to the individuals who are awarded joint legal custody; to cite clear and convincing evidence that awarding joint physical custody to the individuals is unreasonable and not in the best interest of the child. Eliminates a requirement that a court consider agreement between the parties in a custody proceeding to share joint legal custody to be a primary, but not determinative, factor in determining whether awarding joint legal custody is in the best interest of a child.

Presumption in favor of joint physical custody. Provides that an award of joint legal custody of a child creates a rebuttable presumption in favor of awarding joint physical custody of the child to the individuals who are awarded joint legal custody. Provides that a finding by the court that a history of child abuse or neglect exists with respect to the child is sufficient to rebut the presumption in favor of joint physical custody. Requires a court that: (1) awards joint legal custody of a child; but (2) does not award joint physical custody of the child to the individuals who are awarded joint legal custody; to cite clear and convincing evidence that awarding joint physical custody to the individuals is unreasonable and not in the best interest of the child. Eliminates a requirement that a court consider agreement between the parties in a custody proceeding to share joint legal custody to be a primary, but not determinative, factor in determining whether awarding joint legal custody is in the best interest of a child.

Rep. Christopher Judy [R]

Rep. Shane Lindauer [R]

Rep. Ryan Hatfield [D]

Date	Chamber	Action
2019-01-29	House	Representative Hatfield added as coauthor
2019-01-14	House	First reading: referred to Committee on Judiciary
2019-01-14	House	Coauthored by Representative Lindauer
2019-01-14	House	Authored by Representative Judy

Type	Source
Summary	https://iga.in.gov/legislative/2019/bills/house/1306/details
Text	http://iga.in.gov/static-documents/a/d/0/5/ad057a66/HB1306.01.INTR.pdf