HB 1010 Summary

• Establishes a rebuttable presumption that joint legal custody awards are in the best interest of the child, effective July 1, 2012.

• Requires courts considering a challenge to the presumption to examine: (1) fitness and suitability of each person seeking joint custody; (2) ability to communicate and cooperate for child's welfare; and (3) whether the child has a close and beneficial relationship with both parties.

• Defines joint legal custody as shared authority and responsibility for major decisions regarding education, health care, and religious training, excluding physical custody arrangements.

• Repeals IC 31-14-13-2.3 and IC 31-17-2-14, which previously governed joint custody awards without a presumption in favor of joint custody.

• Applies to both family law proceedings under IC 31-14-13 and juvenile proceedings under IC 31-17-2.