Bill Text: IN HB1119 | 2011 | Regular Session | Introduced
Bill Title: Joint legal custody.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-06 - First reading: referred to Committee on Family, Children and Human Affairs [HB1119 Detail]
Download: Indiana-2011-HB1119-Introduced.html
Citations Affected: IC 31-9-2-67; IC 31-14-13; IC 31-17-2;
IC 31-14-13-2.3; IC 31-14-13-4; IC 31-17-2-14.
Synopsis: Joint legal custody. Establishes a rebuttable presumption
that an award of joint legal custody is in the best interest of a child.
Requires a court, if a party seeks to rebut the presumption, to consider:
(1) the fitness and suitability of each of the persons awarded joint legal
custody; (2) the ability of the parents to communicate and advance the
child's welfare; and (3) whether the child has established a close and
beneficial relationship with both of the persons awarded joint legal
custody. Repeals a provision containing language that is relocated
within the Indiana Code. Repeals a provision providing that a custodial
parent may determine the child's upbringing.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Family, Children and Human
Affairs.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(1) education;
(2) health care; and
(3) religious training.
However, the term does not include an award of physical custody of the child.
The court shall consider all relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child's parents.
(3) The wishes of the child, with more consideration given to the
child's wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child's parents;
(B) the child's siblings; and
(C) any other person who may significantly affect the child's
best interest.
(5) The child's adjustment to home, school, and community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either
parent.
(8) Evidence that the child has been cared for by a de facto
custodian, and if the evidence is sufficient, the court shall
consider the factors described in section 2.5(b) of this chapter.
(1) the fitness and suitability of each of the persons who would be awarded joint legal custody;
(2) whether the persons who would be awarded joint legal custody are able to communicate and cooperate in advancing the child's welfare; and
(3) whether the child has established a close and beneficial relationship with both of the persons who would be awarded joint legal custody.
relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child's parent or parents.
(3) The wishes of the child, with more consideration given to the
child's wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child's parent or parents;
(B) the child's sibling; and
(C) any other person who may significantly affect the child's
best interests.
(5) The child's adjustment to the child's:
(A) home;
(B) school; and
(C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either
parent.
(8) Evidence that the child has been cared for by a de facto
custodian, and if the evidence is sufficient, the court shall
consider the factors described in section 8.5(b) of this chapter.
(1) the fitness and suitability of each of the persons who would be awarded joint legal custody;
(2) whether the persons who would be awarded joint legal custody are
relationship with both of the persons who would be awarded joint
legal custody.
(5) whether the persons awarded joint custody:
(A) live in close proximity to each other; and
(B) plan to continue to do so; and
(6) the nature of the physical and emotional environment in the
home of each of the persons awarded joint custody.
SECTION 8. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 31-14-13-2.3; IC 31-14-13-4; IC 31-17-2-14.