House Bill 1151 Passed the House - Joint Custody

This legislative session did not go well for us. Although we had numerous custody bills introduced we were unable to get them set for hearings and out of committee. We have secured commitments that most will be introduced next year. One bright spot has been the passage of Indiana House Bill 1151. HB1151, Authored by Representative GiaQuinta, was introduced on 14 January 2009.

The Synopsis of the bill is as follows:

Joint legal custody in paternity determinations. Allows a court to award joint legal custody of a child following a determination of paternity. Provides that an award of joint legal custody does not require an equal division of physical custody of the child. Establishes factors for the court to consider in determining whether to grant joint legal custody.

Much of the language in this bill I do find to be duplicious of other statutes but it now makes it applicable to paternity determinations. The factors considered are the usual and I have the usual opposition to some.

(4) whether the child has established a close and beneficial relationship with both of the persons awarded joint legal custody;

This one can practically negate the intent of the bill. A man just learns that a child born years ago which he was never told about is his. Now a court is suppose to use his past relationship with the child to determine if he should be allowed to help direct the upbringing of his child. This is like saying we are lower taxes and then adding user fees for everything.

(5) whether the persons awarded joint legal custody:
(A) live in close proximity to each other; and
(B) plan to continue to do so;

I have never found this to be relevant to deciding medical procedures, schooling or other aspects of legal custody. Through communication technology medical staff and both parents can meet in virtual conference rooms regardless of where they are in the world. Signatures can be instantly transmitted on-line and nearly every school has a website that would allow a parent in a remote location to gather necessary information for making a determination.

On 20 February 2009 Representatives Bell, Yarde and VanDenburgh added themselves as coauthors. We are pleased to see Rep. Matt Bell supporting another Shared Parenting bill.

On 25 February 2009 The bill received its third reading and a vote was taken where it passed by 99-0. It was then referred to the Senate where the Senate Sponsor was Senator Bray.

On 03 March 2009 The bill received its first reading and was referred to the Committee on Judiciary. The complete bill is below.


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HOUSE BILL No. 1511

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 31-9-2-67; (09)HB1511.1.1. --> SECTION 1. IC 31-9-2-67 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 67. "Joint legal custody", for purposes of IC 31-14-13, IC 31-17-2-13, IC 31-17-2-14, and IC 31-17-2-15, means that the persons awarded joint custody will share authority and responsibility for the major decisions concerning the child's upbringing, including the child's education, health care, and religious training.

SOURCE: IC 31-14-13-2.3; (09)HB1511.1.2. --> SECTION 2. IC 31-14-13-2.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: 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 has established a close and beneficial relationship with both of the persons awarded joint legal custody;
(5) whether the persons awarded joint legal custody:
(A) live in close proximity to each other; and
(B) plan to continue to do so;
(6) the nature of the physical and emotional environment in the home of each of the persons awarded joint legal custody; and
(7) whether there is a pattern of domestic or family violence.

SOURCE: IC 31-14-13-4; (09)HB1511.1.3. --> SECTION 3. IC 31-14-13-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. Except as otherwise provided in an order by a court, the custodial parent may determine the child's upbringing, which includes education, health care, and religious training, unless the court determines that the best interests of the child require a limitation on this authority.

visit www.incra.info for more child custody information