Bill > HB1090

This bill aims to establish joint physical and legal custody as the default arrangement in child custody cases in Indiana, with significant implications for how courts determine and modify custody orders. The bill defines joint physical custody as allocating child custody equally or as close to equally as possible between parents, and joint legal custody as sharing authority for major decisions about the child's upbringing. Courts will now be required to award joint physical and legal custody unless they find by clear and convincing evidence that such an arrangement is not in the child's best interests. When not granting joint custody, courts must provide written findings explaining their reasoning. The bill also introduces a new provision that considers knowingly making false allegations of child abuse or neglect as a factor in custody determinations, potentially penalizing parents who make unfounded claims. Additionally, the legislation mandates that the office of judicial administration annually publish statistics on child custody orders, breaking them down by joint and non-joint physical and legal custody arrangements. These changes, set to take effect on July 1, 2025, represent a significant shift towards presuming shared parental responsibilities and time with children in custody proceedings.

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https://iga.in.gov/legislative/2025/bills/house/1090/details