Indiana Custodial Rights Advocates

There exist a different dynamic in paternity cases from that of dissolution proceedings in that often times the father was not aware of the birth of the child or may have been denied access to the child prior to the filing of the paternity action.

Current law requires that a judge consider whether the father has established a close and meaningful relationship with the child with out allowing for consideration as to why that relationship may not have been established.

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HOUSE/SENATE BILL No. _____

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 31-14-13-2.3

Synopsis: This bill seeks to modify the factors for consideration of joint legal custody determinations in paternity actions which now copy those in dissolution proceedings. There is a unique dynamic to paternity not often found in dissolution proceedings which is that the father could often times not be aware of the birth of the child and not had an opportunity to establish a close and beneficial relationship with the child. Factor number four currently requires consideration of whether such a relationship exists without consideration as to why it may not. This amendment will allow judges to consider the extenuating circumstances as to why a parent may not have established a close and beneficial relationship with the child.

Effective: July 1, 2011.

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Representative/Senator

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First Regular Session 117th General Assembly (2011)

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 this style type.
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.

HOUSE/SENATE BILL NO ___________

A BILL FOR AN ACT to amend the Indiana Code concerning child custody

AN ACT RELATING TO THE LEGAL CUSTODY OF A CHILD IN A PATERNITY ACTION

Be it enacted by the General Assembly of the State of Indiana:

SECTION 1. IC 31-14-13-2.3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     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) had the opportunity to establish;
(B) has established;
(C) the parents wish to establish; and
(D) whether either parent tried to thwart attempts by the other to establish,
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.
As added by P.L.95-2009, SEC.2.