Bill Text: IN SB0153 | 2010 | Regular Session | Introduced
Bill Title: Joint legal custody in paternity actions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Judiciary [SB0153 Detail]
Download: Indiana-2010-SB0153-Introduced.html
Citations Affected: IC 31-14-13-2.3.
Synopsis: Joint legal custody in paternity actions. Amends the factors
that a court must consider in awarding joint legal custody after
paternity has been established to include: (1) whether the child has had
an opportunity to establish; (2) whether a parent wishes to establish;
and (3) whether a parent has attempted to prevent the other parent from
establishing; a close and beneficial relationship with the child.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(b) An award of joint legal custody under this section does not require an equal division of physical custody of the child.
(c) In determining whether an award of joint legal custody under this section would be 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 legal 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 awarded joint legal custody;
(2) whether the persons awarded joint legal custody are willing and able to communicate and cooperate in advancing the child's
welfare;
(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) whether the child:
(A) has had an opportunity to establish; or
(B) has established;
a close and beneficial relationship with both of the persons
awarded joint legal custody;
(5) whether a parent wishes to establish a close and beneficial
relationship with the child;
(6) whether a parent has attempted to prevent the other
parent from establishing a close and beneficial relationship
with the child;
(5) (7) whether the persons awarded joint legal custody:
(A) live in close proximity to each other; and
(B) plan to continue to do so;
(6) (8) the nature of the physical and emotional environment in
the home of each of the persons awarded joint legal custody; and
(7) (9) whether there is a pattern of domestic or family violence.
