Parenting together, apart
Parents are frequently confused on the legal meaning of terms the justice system uses to determine the rights of parents in their children following divorce. Many people think “joint custody” means that the child’s time will be spent equally with both parents. In Indiana, there is no such thing as “joint custody.” Instead, we have “joint legal custody,” that permits parents to share decision-making authority with regards to their child’s education, health care and religious training. Where the child will live, and how often they will see the other parent is another issue.
A bill pending before the Indiana legislature (HB 1266) would, in my view, further cloud the issue, by changing the term to “joint parenting,” but leaving this new term with the same basic definition that “joint legal custody” has today. I am not sure that this is much of a benefit, but maybe dropping the term “custody” out of the phrase will lessen confusion.
The bill does do something more fundamental: Currently, under Indiana Law, a parent seeking joint legal custody must prove to the court that the arrangement is in the best interest of the child. The bill alters that presumption, to the effect that joint legal custody (or “joint parenting”) would be the default, and a party seeking sole legal custody would have the burden of showing the court that joint legal custody is not a good idea for the child.
I imagine that much of the drive for altering this legislation comes from people who feel that divorce courts short change some parents (okay, typically fathers) when it comes to splitting up time with the parents. The legislature has been willing the “throw the dog a bone” in a sense, by diving up decision-making authority, but moves to equally divide physical custody have never made it through.
Link to the bill.
