Introduced Version
SENATE BILL No. 153
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DIGEST OF INTRODUCED BILL
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.
Introduced
Second Regular Session 116th General Assembly (2010)
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SENATE BILL No. 153
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 31-14-13-2.3; (10)IN0153.1.1. -->
SECTION 1. IC 31-14-13-2.3, AS ADDED BY P.L.95-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2.3. (a) In a proceeding to which this chapter
applies, the court may award legal custody of a child jointly if the court
finds that an award of joint legal custody would be in the best interest
of the child.
(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.