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Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2019-01-29 - Representative Hatfield added as coauthor [HB1306 Detail]

Download: Indiana-2019-HB1306-Introduced.pdf

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