2013 Indiana Joint Legal Child Custody - House Bill 1025 - Legislation Part 2

Representative Phyllis Pond is joined this session by Representative Ron Bacon in proposing a bill for a rebuttable presumption in dissolution and paternity cases that an award of joint legal custody is in the best interest of the child. Pond has long advocated for the right of children to maintain meaningful relationships with parents following separation.

House Bill 1025 affects the following citations : IC 31-9-2-67; IC 31-14-13; IC 31-17-2. The synopsis is as follows:
Joint legal custody. Establishes a rebuttable presumption that an award of joint legal custody is in the best interest of the child. Requires a court, if a party seeks to rebut the presumption, to consider:
(1) the fitness and suitability of each of the persons who would be awarded joint legal custody;
(2) the ability of the persons who would be awarded joint legal custody to communicate and cooperate in advancing the child's welfare; and
(3) whether the child has established a close and beneficial relationship with both of the persons who would be awarded joint legal custody.
Repeals certain provisions governing the award of joint legal custody that are being superseded by this bill.

The significant change to the current statutory scheme would provide that “there is a rebuttable presumption that an award of joint legal custody is in the best interest of the child.”

The new section, 2.4, provides three factors that the court shall consider if a party seeks to rebut the presumption that an award of joint legal custody is in the best interest of the child. Those are as follows:
(1) the fitness and suitability of each of the persons who would be awarded joint legal custody;
(2) whether the persons who would be awarded joint legal custody are able to communicate and cooperate in advancing the child's welfare; and
(3) whether the child has established a close and beneficial relationship with both of the persons who would be awarded joint legal custody.

Currently all 50 states provide for joint legal custody of children whose parents are married. Upon the filing of a dissolution action however, that status is dissolved. This bill would not mandate joint legal custody but instead would maintain the status quo for parents in dissolution actions unless the court found that the evidence does not support maintaining that status. Essentially, if this bill was adopted into law, Indiana would become an opt-out rather than an opt-in legal custody state. In paternity actions both parents would be presumed to be fit to make the major life decisions for their child unless the court found that the evidence does not support joint legal custody status.

Research has consistently shown that parents who share joint legal custody provide greater levels of support, are more dynamically involved and cooperate with each other for the benefit of the child. Fathers who shared legal custody paid more for college than those without shared custody (Fabricius, 2003). Just as patients are always encouraged to seek a second opinion before a major medical procedure is undertaken, second opinions for children as it may relate to their medical care or education may be beneficial. There is no legitimate reason why parents who made these decisions jointly prior to dissolution shouldn't be presumed competent enough to make these same decisions following their divorce. House Bill 25 has been referred to the Committee on the Judiciary which is chaired by representative Gregory Steuerwald.

If you are a parent involved in a custody dispute and would like to ensure that your bevaiour is consistent with the best interest of your child then please visit my website and contact my scheduler to make an appointment to meet with me.

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More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.

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