Senate Bill 598 Summary

• Establishes a rebuttable presumption that joint legal custody and joint physical custody is in the best interests of a child in dissolution of marriage cases, effective July 1, 2011.

• Exceptions to the presumption apply when a parent has been convicted of domestic or family violence, or has knowingly failed to comply with child support orders.

• Requires courts considering rebuttal of the presumption to evaluate the fitness and suitability of each parent, their ability to communicate and advance the child's welfare, and whether the child has established a close and beneficial relationship with both parents.

• Each party bears responsibility for their own attorney's fees and costs in custody proceedings; mediation costs must be shared equally by all parties to mediation.

• Eliminates prior provisions allowing courts to order one party to pay another party's costs in custody proceedings and repeals certain sections of Indiana Code related to joint legal custody.