summary
Introduced
01/08/2025
01/08/2025
In Committee
01/08/2025
01/08/2025
Crossed Over
Passed
Dead
04/24/2025
04/24/2025
Introduced Session
2025 Regular Session
Bill Summary
Joint custody. Provides that a biological mother and biological father have joint legal custody unless otherwise provided by law. Requires a court to award joint legal custody unless it is in the child's best interests that sole legal custody be awarded. Provides that an award of joint legal custody creates a rebuttable presumption in favor of equal division of parenting time, and to rebut the presumption, a parent must prove that equal parenting time would be detrimental to the child.
AI Summary
This bill modifies Indiana's laws regarding joint legal custody to establish a default presumption that biological mothers and fathers will share legal custody of their children. Under the new provisions, courts are required to award joint legal custody unless they determine that sole legal custody would be in the child's best interests. When joint legal custody is awarded, there is now a rebuttable presumption for an equal division of parenting time, meaning that to get unequal parenting time, a parent must prove by a preponderance of evidence that equal parenting time would be detrimental to the child. The bill requires courts to consider various factors when determining custody, including the child's age, the wishes of parents and child (with more weight given to children 14 and older), the child's relationships with parents and siblings, the child's adjustment to home and school, and any evidence of domestic violence. The legislation also clarifies that a noncustodial parent's move from more than 50 miles away to less than 50 miles away can be considered a substantial change potentially warranting a custody modification. These changes aim to create a more balanced approach to child custody that presumes both parents should have significant involvement in their child's life.
Committee Categories
Justice
Sponsors (3)
Last Action
Representatives McGuire and Teshka added as coauthors (on 01/13/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://iga.in.gov/legislative/2025/bills/house/1067/details |
| BillText | https://iga.in.gov/pdf-documents/124/2025/house/bills/HB1067/HB1067.01.INTR.pdf |
| Fiscal Note #1: Introduced | https://iga.in.gov/pdf-documents/124/2025/house/bills/HB1067/fiscal-notes/HB1067.01.INTR.FN001.pdf |
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