INDIANA

Highlights:

In instances of divorce or separation:

• 98% of those in Indiana believe it is in the child's best interest ... to have as much time as possible with each parent;"

• 95% of those in Indiana expressed a commitment to vote their beliefs being "more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent ...when both parents are fit and willing to be parents."

• 86% support a change in Indiana Law that creates a rebuttable presumption that shared parenting is in the best interest of a child after a parental separation.

• 81% believe that when there is conflict between parents, awarding sole custody to one parent increases conflict.

• 87% believe that both parents should have equal rights and responsibilities following divorce or separation.

POSITIVES:

• Indiana's PTA appropriately takes into account the effect of the PTA on both parents' households.

NEGATIVES: 

• Indiana's PTA has a threshold of 52 days.

• Indiana's PTA has a significant discontinuity (or discontinuities), creating a significant cliff effect or multiple cliff effects.

• Indiana's PTA overestimates the fixed, duplicated costs involved in shared parenting.

• Indiana's PTA inappropriately results in a presumptive child support payment when parental income and parenting time are equal.

POSITIVES:

• Indiana statutes explicitly permit a court to award joint legal custody even if the parents do not both agree to it, though agreement by the parents is an important factor. IND. CODE § 31-17-2-15.

• Indiana statutes treat false allegations of abuse as a factor in custody decisions. IND. CODE § 31-33-22-3.

NEGATIVES: 

• Indiana has no statutory preference for, or presumption of, shared parenting

• Indiana statutes do not explicitly provide for shared parenting during temporary orders. legal custody and shared physical custody) for temporary or final orders.

• Indiana statutes do not explicitly provide for shared parenting during temporary orders.

• Indiana statutes state explicitly that joint legal custody “does not require an equal division of physical custody of the child.” Indiana statutes do not require courts to consider “friendly parent” factors in awarding custody.