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2010 Senate Bill 0178
Custody and Parenting Time Matters
DIGEST OF INTRODUCED BILL
Provides that if a paternity affidavit is executed, the mother and the man who is identified as the father share joint legal custody of the child, the mother has primary physical custody of the child, and the man who is identified as the father has parenting time in accordance with the parenting time guidelines unless another determination is made by a court. (Current law provides that a mother has sole custody unless another custody determination is made by a court.) Provides that a noncustodial parent is entitled to reasonable parenting time rights unless a court finds by clear and convincing evidence that parenting time might endanger the child's physical health or significantly impair the child's emotional development. (This changes the standard of proof under the current law.)
This amendment was the result of push-back from members of the Indiana BAR Association and some senators. Concerns were raised by attorneys about the "clear and convincing standard" who want children to be removed from the care and custody of parents without a substantial showing that the parent will harm the child. This issue will be addressed at a later time.
There was also concern that the Paternity Affidavit does not clearly identify what rights and responsibilities parents have and that the presumption of joint legal custody should not be somewhat forced upon parents. The reasoning behind this is that although parents are not required to sign a paternity affidavit it is highly encouraged.
This amendment is the result of the work done by Senators Brent Steele and Tim Lanane, LSA staff Attorney Eliza H Stephenson, Legislative Assistant Matt Doerr and Lobbyists Robert Monday of the Children's Rights Council and Stuart Showalter of Indiana Custodial Rights Advocates.
Through their discussion it was decided that the joint legal custody presumption would be replaced by an option through a check-off box on the paternity affidavit. The parenting time provision was moved but remained the same. Finally, the "clear and convincing" standard was dropped from this bill.
This amendment was presented on second reading of the bill on the floor of the Senate on Monday 01 February 2010.
