Bill Text: IN SB0178 | 2010 | Regular Session | Amended
Bill Title: Custody and parenting time matters.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [SB0178 Detail]
Download: Indiana-2010-SB0178-Amended.html
Citations Affected: IC 16-37; IC 31-14; IC 31-17.
Synopsis: Custody and parenting time matters. Provides that if a
paternity affidavit is executed, the mother and the man who is
identified as the father share joint legal custody of the child, the mother
has primary physical custody of the child, and the man who is
identified as the father has parenting time in accordance with the
parenting time guidelines unless another determination is made by a
court. (Current law provides that a mother has sole custody unless
another custody determination is made by a court.) Provides that a
noncustodial parent is entitled to reasonable parenting time rights
unless a court finds by clear and convincing evidence that parenting
time might endanger the child's physical health or significantly impair
the child's emotional development. (This changes the standard of proof
under the current law.) Provides that a paternity affidavit executed
through a hospital may be completed not more than ten days after the
child's birth if a parent is out of the country.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 14, 2010, amended, reported favorably _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(1) a hospital; or
(2) a local health department.
(b) Immediately before or after the birth of a child who is born out of wedlock, a person who attends or plans to attend the birth, including personnel of all public or private birthing hospitals, shall:
(1) provide an opportunity for:
(A) the child's mother; and
(B) a man who reasonably appears to be the child's biological father;
to execute an affidavit acknowledging paternity of the child; and
(2) verbally explain to the individuals listed in subdivision (1) the legal effects of an executed paternity affidavit as described in subsection (g).
(c) A paternity affidavit must be executed on a form provided by the state department. The paternity affidavit is valid only if the affidavit is executed as follows:
(1) If executed through a hospital, the paternity affidavit must be completed not more than:
(A) seventy-two (72) hours after the child's birth; or
(B) ten (10) business days after the child's birth if a parent of the child is out of the country.
(2) If executed through a local health department, the paternity affidavit must be completed before the child has reached the age of emancipation.
(d) A paternity affidavit is not valid if it is executed after the mother of the child has executed a consent to adoption of the child and a petition to adopt the child has been filed.
(e) A paternity affidavit executed under this section must contain or be attached to all of the following:
(1) The mother's sworn statement asserting that a person described in subsection (b)(1)(B) is the child's biological father.
(2) A statement by a person identified as the father under subdivision (1) attesting to a belief that he is the child's biological father.
(3) Written information furnished by the child support bureau of the department of child services:
(A) explaining the effect of an executed paternity affidavit as described in subsection (g); and
(B) describing the availability of child support enforcement services.
(4) The Social Security number of each parent.
(f) A woman who knowingly or intentionally falsely names a man as the child's biological father under this section commits a Class A misdemeanor.
(g) A paternity affidavit executed under this section:
(1) establishes paternity;
(2) gives rise to parental rights and responsibilities of the person described in subsection (e)(2), including:
(A) the right of the child's mother or the Title IV-D agency to obtain a child support order against the person, which may include an order requiring the provision of health insurance coverage; and
(B)
proceeding under IC 31-14-14; and
(3) may be filed with a court by the department of child services.
However, if a paternity affidavit is executed under this section, unless
another determination is made by a court in a proceeding under
IC 31-14, the child's mother and person described in subsection
(e)(2) share joint legal custody of the child, the child's mother has
sole legal primary physical custody of the child. unless another
custody determination is made by a court in a proceeding under
IC 31-14.
(h) Notwithstanding any other law, a man who is a party to a
paternity affidavit executed under this section may, within sixty (60)
days of the date that a paternity affidavit is executed under this section,
file an action in a court with jurisdiction over paternity to request an
order for a genetic test.
(i) A paternity affidavit that is properly executed under this section
may not be rescinded more than sixty (60) days after the paternity
affidavit is executed unless a court:
(1) has determined that fraud, duress, or material mistake of fact
existed in the execution of the paternity affidavit; and
(2) at the request of a man described in subsection (h), has
ordered a genetic test, and the test indicates that the man is
excluded as the father of the child.
(j) Unless good cause is shown, a court shall not suspend the legal
responsibilities under subsection (g)(2)(A) of a party to the executed
paternity affidavit during a challenge to the affidavit.
(k) The court may not set aside the paternity affidavit unless a
genetic test ordered under subsection (h) or (i) excludes the person who
executed the paternity affidavit as the child's biological father.
(l) If a paternity affidavit is not executed under subsection (b), the
hospital where the birth occurs or a person in attendance at the birth
shall inform the child's mother of services available for establishing
paternity.
(m) Except as provided in this section, if a man has executed a
paternity affidavit in accordance with this section, the executed
paternity affidavit conclusively establishes the man as the legal father
of a child without any further proceedings by a court.
(1) IC 12-26 (involuntary commitment of a child).
(2) IC 29-3 (guardianship and protective proceedings under the probate code).
(3) IC 31-14 (custody of a child born outside of a marriage).
(4) IC 31-34 (child in need of services).
(5) IC 31-37 (delinquent child).
(6) IC 35-46 (offenses against the family).
(7) IC 35-50 (criminal sentences).
(8) An order by a court that has jurisdiction over the child.
(1) endanger the child's physical health and well-being; or
(2) significantly impair the child's emotional development.
(b) The court may interview the child in chambers to assist the court in determining the child's perception of whether parenting time by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development.
(c) In a hearing under subsection (a), there is a rebuttable presumption that a person who has been convicted of:
(1) child molesting (IC 35-42-4-3); or
(2) child exploitation (IC 35-42-4-4(b));
might endanger the child's physical health and well-being or significantly impair the child's emotional development.
(d) If a court grants parenting time rights to a person who has been convicted of:
(1) child molesting (IC 35-42-4-3); or
(2) child exploitation (IC 35-42-4-4(b));
there is a rebuttable presumption that the parenting time with the child must be supervised.
(e) The court may permit counsel to be present at the interview. If counsel is present:
(1) a record may be made of the interview; and
(2) the interview may be made part of the record for purposes of appeal.
significantly impair the child's emotional development.
(b) The court may interview the child in chambers to assist the court
in determining the child's perception of whether parenting time by the
noncustodial parent might endanger the child's physical health or
significantly impair the child's emotional development.
(c) The court may permit counsel to be present at the interview. If
counsel is present:
(1) a record may be made of the interview; and
(2) the interview may be made part of the record for purposes of
appeal.
