Adopted legislation

2010 SEA140 - Adoption Matters

In June of 2009 the Indiana Court of Appeals issued a ruling on a case that interpreted Indiana's adoption and paternity laws as it related to notice to the father.  There was a conflict between the adoption statute and paternity statute and what a father must do to object to his child being placed for adoption.  I wrote a bill that would remedy this conflict in the laws which was introduced by Senator Phil Boots.

At the same time adoption attorney Steve Kirsch who had written the original adoption statute had a bill introduced that would remedy that conflict and included other adoption matters.  Mr Kirsch and I discussed these bills and then I asked that mine be withdrawn.

I was able to get this bill scheduled for a hearing and both Mr Kirsch and I testified for the need for passage of this bill.



2010 SEA178 - The Joint Custody Paternity Bill

Many children, about 40%, are born out-of-wedlock in Indiana.  Under established law fathers have no custodial rights to those children until the filing of a paternity action and a ruling by a judge except when the father and mother sign a paternity affidavit.

Robert Monday of Parents And Children for Equality, P.A.C.E., and I pushed for legislation that would get fathers more involved with the upbringing of their children at an earlier time.  Children who have an engaged father from the time of birth are more likely to have an engaged father later in life.

Mr Monday and I brought this issue to the Indiana Child Custody and Support Advisory Committee where the legislation was then drafted.  This bill narrowly made it out of its committee by one vote.  I met with each Senator who voted against the bill about his or her opposition.

I drafted an amendment the remedied their concerns and then the bill was presented to the entire Senate where it received only one vote in opposition.  In the House committee the debate was stepped-up and the bill was amended numerous times.  Each day I was meeting with legislators through this process and in the end this well drafted law received unanimous support in the House.

After reconciling the Senate version and House version in conference committee the bill was approved with unanimous support in both houses and then submitted to Governor Mitch Daniels for his signature.  The new paternity affidavit went into effect 01 July 2010.

Proposed legislation -

The following are the bills that I will be seeking to have introduced to the 2011 session of the Indiana General Assembly.

Establish "Virtual Visitation" as right for children who are not in the physical custody of the other parent.

Establish a rebuttable presumption that children are entitled to have both parents making their legal decisions and be in the physical custody of both parents.

Establish as a factor in child custody decisions whether either parents had done anything to thwart the other parents' relationship with his or her child.

Require Trial Rule 52 findings and conclusions in all child custody decisions.