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IN SB0036
Bill
AI Summary
Senate Bill No. 36 Summary
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Establishes a rebuttable presumption that joint physical custody is in the best interests of the child in custody proceedings under Indiana Code sections 31-14 and 31-17.
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Defines "joint physical custody" as each parent or custodian having equal or nearly equal periods of physical custody of the child.
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Sets the default custody and parenting time schedule as alternating weekly physical custody between parents, unless parents submit and the court approves an alternative schedule.
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Creates a rebuttable presumption that equal parenting time amounts are in the child's best interests if the court does not find that parenting time might endanger the child's physical health or impair emotional development.
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Effective July 1, 2017, and applies to family law custody determinations and juvenile law proceedings.
Legislative Description
Physical custody and parenting time. Adds a rebuttable presumption in child custody proceedings that: (1) joint physical custody is in the best interests of the child; and (2) equal parenting time is in the best interests of the child. Provides that the default joint physical custody or parenting time schedule is to alternate weekly physical custody of the child, unless the parents submit an alternative schedule that is approved by the court.
Last Action
First reading: referred to Committee on Civil Law
1/3/2017