Citations Affected: IC 31-9-2-67 ; IC 31-17-2 .
Synopsis: Joint parenting. Establishes a rebuttable presumption that
joint parenting is in the best interest of a child. Requires a court to
consider the ability of the joint parents to communicate and advance
the child's welfare if the presumption of joint parenting is challenged.
Repeals a provision containing language that is relocated within the
Effective: July 1, 2003.
January 14, 2003, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
presumption under section 13 of this chapter
would be that joint
parenting is 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 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
(2) whether the persons awarded joint custody who would be
jointly parenting 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 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.