Introduced Version
HOUSE BILL No. 1119
_____
DIGEST OF INTRODUCED BILL
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.
Pond
January 6, 2011, read first time and referred to Committee on Family, Children and Human
Affairs.
Introduced
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1119
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:
SOURCE: IC 31-9-2-67; (11)IN1119.1.1. -->
SECTION 1. IC 31-9-2-67, AS AMENDED BY P.L.95-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 67. "Joint legal custody", for purposes of
IC 31-14-13, IC 31-17-2-13, IC 31-17-2-14, and IC 31-17-2-15, means
that the persons awarded joint custody will share authority and
responsibility for the major decisions concerning the child's
upbringing, including the child's:
(1) education;
(2) health care; and
(3) religious training.
However, the term does not include an award of physical custody
of the child.
SOURCE: IC 31-14-13-2; (11)IN1119.1.2. -->
SECTION 2. IC 31-14-13-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. The court shall
determine custody in accordance with the best interests of the child.
Except as provided in section 2.2 of this chapter, in determining the
child's best interests, there is not a presumption favoring either parent.
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.
SOURCE: IC 31-14-13-2.2; (11)IN1119.1.3. -->
SECTION 3. IC 31-14-13-2.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2.2. There is a rebuttable
presumption that an award of joint legal custody is in the best
interest of the child.
SOURCE: IC 31-14-13-2.4; (11)IN1119.1.4. -->
SECTION 4. IC 31-14-13-2.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2.4. If a party seeks to rebut the
presumption under section 2.2 of this chapter that an award of
joint legal custody is in the best interest of the child, the court shall
consider:
(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.
SOURCE: IC 31-17-2-8; (11)IN1119.1.5. -->
SECTION 5. IC 31-17-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8.
The court shall
determine custody and enter a custody order in accordance with the
best interests of the child.
Except as provided in section 13 of this
chapter, in determining the best interests of the child there is no
presumption favoring either parent. 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 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.
SOURCE: IC 31-17-2-13; (11)IN1119.1.6. -->
SECTION 6. IC 31-17-2-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. The court may
award legal custody of a child jointly if the court finds that an award of
joint legal custody would be There is a rebuttable presumption that
an award of joint legal custody is in the best interest of the child.
SOURCE: IC 31-17-2-15; (11)IN1119.1.7. -->
SECTION 7. IC 31-17-2-15, AS AMENDED BY P.L.3-2008,
SECTION 237, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 15.
In determining whether an
award of joint legal custody If a party seeks to rebut the
presumption under section 13 of this chapter
would be that an award
of joint legal custody is in the best interest of the child, the court shall
consider:
it a matter of primary, but not determinative, importance that
the persons awarded joint custody have agreed to an award of joint
legal custody. The court shall also consider:
(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
willing and able to communicate and cooperate in
advancing the child's welfare;
and
(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) (3) whether the child has established a close and beneficial
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.