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IN SB0195

Bill

Status

Introduced

1/3/2019

Primary Sponsor

Dennis Kruse

Click for details

Origin

Senate

2019 Regular Session

AI Summary

  • Courts must conduct mandatory in-chambers interviews with children in custody, parenting time, and visitation proceedings to determine the child's wishes, changing the current discretionary "may interview" standard to a required "shall interview" standard
  • Children's wishes must be considered as a factor in custody determinations, with greater weight given to preferences of children age 14 and older
  • Courts are required to appoint a guardian ad litem, court appointed special advocate, or both for children in custody and parenting time proceedings under IC 31-17-2 and IC 31-17-4
  • Interviews must be conducted in an age-appropriate manner as determined by the court, with counsel permitted to attend and recordings allowed for appeal purposes
  • Effective date: July 1, 2019

Legislative Description

Custody, parenting time, and visitation proceedings. Requires a court in a custody, parenting time, or visitation proceeding to: (1) determine the wishes of the child who is the subject of the proceeding by conducting an in chambers interview with the child; and (2) consider the wishes of the child in making the court's determination. Provides that a court shall appoint an available guardian ad litem or court appointed special advocate, or both, to represent the interests of a child in a custody or parenting time proceeding.

Last Action

First reading: referred to Committee on Judiciary

1/3/2019

Committee Referrals

Judiciary1/3/2019

Full Bill Text

No bill text available