Bill Text: IN SB0598 | 2011 | Regular Session | Introduced
Bill Title: Child custody.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Judiciary [SB0598 Detail]
Download: Indiana-2011-SB0598-Introduced.html
Citations Affected: IC 31-9-2; IC 31-15-10-1; IC 31-16-10-1;
IC 31-17; IC 34-28-2-4.
Synopsis: Child custody. Establishes a rebuttable presumption that an
award of joint legal custody and joint physical custody is in the best
interests of a child in a dissolution of marriage. Provides exceptions for
the rebuttable presumption. Requires a court, if a party seeks to rebut
the presumption, to consider: (1) the fitness and suitability of each of
the persons seeking joint custody; (2) the ability of the parents to
communicate and advance the child's welfare; and (3) whether the
child has established a close and beneficial relationship with both of
the persons seeking joint custody. Provides that each party is
responsible for attorney's fees and costs associated with certain custody
or parenting time proceedings. Requires each party to a mediation to
share mediation costs equally. Repeals provisions concerning joint
legal custody. Repeals a provision allowing courts to order a party to
pay costs of another party in maintaining or defending certain
proceedings involving custody and parenting time.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Judiciary.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(1) time with the child; and
(2) care and supervision of the child.
IC 31-17-7-1.5, the court periodically may order a party to pay a
reasonable amount for the cost to the other party of maintaining or
defending any proceeding under this article and for attorney's fees and
mediation services, including amounts for legal services provided and
costs incurred before the commencement of the proceedings or after
entry of judgment.
(b) The court may order the amount to be paid directly to the
attorney, who may enforce the order in the attorney's name.
(1) A trustee.
(2) The guardian of the estate of the child.
(3) Any third person.
(4) The county office of family and children or any appropriate social service agency.
(5) The state agency administering Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669).
(6) The township trustee.
(1) a parent has been convicted of a crime involving domestic or family violence; or
(2) the parent seeking an order of joint legal custody and joint physical custody has knowingly and intentionally failed to comply with a court's order concerning existing or prior child support obligations.
(b) The court shall determine custody and enter a custody order in accordance with the best interests of the child.
child's wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child's parent or parents;
(B) the child's sibling; and
(C) any other person who may significantly affect the child's
best interests.
(5) The child's adjustment to the child's:
(A) home;
(B) school; and
(C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either
parent.
(8) Evidence that the child has been cared for by a de facto
custodian, and if the evidence is sufficient, the court shall
consider the factors described in section 8.5(b) of this chapter.
There is a rebuttable presumption that an award of joint legal
custody and joint physical custody is in the best interests of the
child.
(1) The age and sex of the child.
(2) The wishes of the child's parent or parents.
(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) The interaction and interrelationship of the child with:
(A) the child's parent or parents;
(B) the child's sibling or siblings; and
(C) any other person who may significantly affect the child's best interests.
(5) The child's adjustment to the child's:
(A) home;
(B) school; and
(C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.
(b) In addition to the factors listed in
(1) The wishes of the child's de facto custodian.
(2) The extent to which the child has been cared for, nurtured, and supported by the de facto custodian.
(3) The intent of the child's parent in placing the child with the de facto custodian.
(4) The circumstances under which the child was allowed to remain in the custody of the de facto custodian, including whether the child was placed with the de facto custodian to allow the parent now seeking custody to:
(A) seek employment;
(B) work; or
(C) attend school.
(c) If a court determines that a child is in the custody of a de facto custodian, the court shall make the de facto custodian a party to the proceeding.
(d) The court shall award custody of the child to the child's de facto custodian if the court determines that it is in the best interests of the child.
(e) If the court awards custody of the child to the child's de facto custodian, the de facto custodian is considered to have legal custody of the child under Indiana law.
shall also consider:
(1) the fitness and suitability of each of the persons who would
be awarded joint legal custody and joint physical custody;
(2) whether the persons who would be awarded joint legal
custody and joint physical custody are willing and able to
communicate and cooperate in advancing the child's welfare; and
(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) (3) whether the child has established a close and beneficial
relationship with both of the persons who would be awarded joint
legal custody and joint physical custody.
(5) whether the persons awarded joint custody:
(A) live in close proximity to each other; and
(B) plan to continue to do so; and
(6) the nature of the physical and emotional environment in the
home of each of the persons awarded joint custody.
(b) If only an award of joint physical custody has been rebutted
under this section, there is still a rebuttable presumption that an
award of joint legal custody is in the best interests of the child.
(1) the modification is in the best interests of the child; and
(2) there is a substantial change in one (1) or more of the factors that the court may consider under
(b) In making its determination, the court shall consider the factors listed under
(c) The court shall not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child as described by
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1.5. (a) Except as provided in
IC 31-17-2.2-1, IC 31-17-4-3, and IC 31-17-4-8, each party is
responsible for the party's own costs and attorney's fees in
maintaining or defending a proceeding under this article.
(b) Each party to a mediation shall share equally in mediation
costs.
(b) In the case of a petition described in section 2(b) of this chapter, the court may not hear the petition and issue a final decree until after thirty (30) days from the later of:
(1) the filing of proof of publication of the notice required under subsection (a); or
(2) the service of the petition upon the parents or guardian of the minor child.
(c) In the case of a petition described in section 2(b) of this chapter, the court shall set a date for a hearing on the petition if:
(1) written objections have been filed; or
(2) either parent or the guardian of the minor child has refused or failed to give written consent as described in section 2(b) of this chapter.
The court shall require that appropriate notice of the hearing be given to the parent or guardian of the minor child or to any person who has filed written objections.
(d) In deciding on a petition to change the name of a minor child, the court shall be guided by the best interest of the child rule under
(1) has been making support payments and fulfilling other duties in accordance with a decree issued under IC 31-15, IC 31-16, or IC 31-17 (or IC 31-1-11.5 before its repeal); and
(2) objects to the proposed name change of the child.
(e) In the case of a person required to give notice under section 3(c) of this chapter, the petitioner must certify to the court that the petitioner has complied with the notice requirements of that subsection.
SECTION 13. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 31-17-2-13; IC 31-17-2-14; IC 31-17-7-1.
