Indiana Family Law

Indiana family law Web site. ARTICLE 15. FAMILY LAW: DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION IC 31-21-6-1 Order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abductionhttp://www.in.gov/legislative/ic/code/title31/ar21/ch6.html      Sec. 1. Under this chapter, an Indiana court may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination. As added by P.L.138-2007, SEC.45. -----------------------------------------------------------------------------------------------------------------------------------------IC 31-21-5-1 Jurisdiction requirementshttp://www.in.gov/legislative/ic/code/title31/ar21/ch5.html s      Sec. 1. (a) Except as otherwise provided in section 4 of this chapter, an Indiana court has jurisdiction to make an initial child custody determination only if one (1) of the following applies:         (1) Indiana is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within six (6) months before the commencement of the proceeding, and the child is absent from Indiana but a parent or person acting as a parent continues to live in Indiana.         (2) A court of another state does not have jurisdiction under subdivision (1) or a court of the home state of the child has declined to exercise jurisdiction on the ground that Indiana is the more appropriate forum under section 8 or 9 of this chapter, and:             (A) the child and the child's parents, or the child and at least one (1) parent or person acting as a parent, have a significant connection with Indiana other than mere physical presence; and             (B) substantial evidence is available in Indiana concerning the child's care, protection, training, and personal relationships.         (3) All courts having jurisdiction under subdivision (1) or (2) have declined to exercise jurisdiction on the ground that an Indiana court is the more appropriate forum to determine the custody of the child under section 8 or 9 of this chapter.         (4) No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3).     (b) The jurisdictional requirements described in this section provide the exclusive jurisdictional basis for making a child custody determination by an Indiana court.     (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination. As added by P.L.138-2007, SEC.45. ----------------------------------------------------------------------------------------------------------------------------------------- IC 31-21-5-2 Exclusive, continuing jurisdiction of child custody caseshttp://www.in.gov/legislative/ic/code/title31/ar21/ch5.html      Sec. 2. (a) Except as otherwise provided in section 4 of this chapter, an Indiana court that has made a child custody determination consistent with section 1 or 3 of this chapter has exclusive, continuing jurisdiction over the determination until:         (1) an Indiana court determines that:             (A) neither:                 (i) the child;                 (ii) the child's parents; nor                 (iii) any person acting as a parent;             has a significant connection with Indiana; and             (B) substantial evidence is no longer available in Indiana concerning the child's care, protection, training, and personal relationships; or         (2) an Indiana court or a court of another state determines that:             (A) the child;             (B) the child's parents; and             (C) any person acting as a parent;         do not presently reside in Indiana.     (b) An Indiana court that:         (1) has made a child custody determination; and         (2) does not have exclusive, continuing jurisdiction under this section; may modify the determination only if the Indiana court has jurisdiction to make an initial determination under section 1 of this chapter. As added by P.L.138-2007, SEC.45. IC 31-21-5-4 Temporary emergency jurisdiction; child custody determinations; communication with other courtshttp://www.in.gov/legislative/ic/code/title31/ar21/ch5.html      Sec. 4. (a) An Indiana court has temporary emergency jurisdiction if the child is present in Indiana and:         (1) the child has been abandoned; or         (2) it is necessary in an emergency to protect the child because:             (A) the child;             (B) the child's sibling; or             (C) the child's parent;         is subjected to or threatened with mistreatment or abuse.     (b) If:         (1) there is no previous child custody determination that is entitled to be enforced under this article; and         (2) a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 1 through 3 of this chapter; a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 1 through 3 of this chapter.     (c) If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 1 through 3 of this chapter, a child custody determination made under this section becomes a final determination, and, if it so provides, Indiana becomes the home state of the child.     (d) If:         (1) there is a previous child custody determination that is entitled to be enforced under this article; or         (2) a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 1 through 3 of this chapter; an order issued by an Indiana court under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 1 through 3 of this chapter.     (e) The order issued in Indiana remains in effect until an order is obtained from the other state within the period specified or the period expires.     (f) An Indiana court that has been asked to make a child custody determination under this section, on being informed that:         (1) a child custody proceeding has been commenced in; or         (2) a child custody determination has been made by; a court of a state having jurisdiction under sections 1 through 3 of this chapter, shall immediately communicate with the other court.     (g) An Indiana court that is exercising jurisdiction under sections 1 through 3 of this chapter, on being informed that:         (1) a child custody proceeding has been commenced in; or         (2) a child custody determination has been made by; a court of another state under a statute similar to this section, shall immediately communicate with the court of the other state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. As added by P.L.138-2007, SEC.45. ---------------------------------------------------------------------------------------------------------------------------------------- IC 31-15-2-7 http://www.in.gov/legislative/ic/code/title31/ar15/ch2.html Venue; legal separation proceeding pending or order in effect; disposition      Sec. 7. (a) A petition or counter petition for dissolution of marriage must be filed in the court in which:         (1) a legal separation proceeding is pending; or         (2) a provisional order or decree for legal separation is in effect; if the petition for legal separation was filed before the petition or counter petition for dissolution of marriage.     (b) If a petition or counter petition for dissolution of marriage under section 4 of this chapter is filed while a provisional order or decree for legal separation is in effect, the procedure for dissolution of marriage continues. The provisional order or decree for legal separation remains in effect only:         (1) until the effective date of the provisional order on the petition or counter petition for dissolution; or         (2) until the provisional order or decree for legal separation expires; whichever occurs first.     (c) The court shall dismiss a petition for legal separation if, at the time the petition for dissolution is filed, neither:         (1) a provisional order; nor         (2) a decree for legal separation; has been granted. As added by P.L.1-1997, SEC.7.------------------------------------------------------------------------------------------------------------------------------------------IC 31-17-2-21 http://www.in.gov/legislative/ic/code/title31/ar17/ch2.html Modification of child custody order      Sec. 21. (a) The court may not modify a child custody order unless:         (1) the modification is in the best interests of the child; and         (2) there is a substantial change in one (1) or more of the factors that the court may consider under section 8 and, if applicable, section 8.5 of this chapter.     (b) In making its determination, the court shall consider the factors listed under section 8 of this chapter.     (c) The court shall not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child as described by section 8 and, if applicable, section 8.5 of this chapter. As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.9. -----------------------------------------------------------------------------------------------------------------------------------------IC 31-17-2-21.7 http://www.in.gov/legislative/ic/code/title31/ar17/ch2.html Security, bond, or guarantee; determinations      Sec. 21.7. (a) The court shall consider requiring security, a bond, or another guarantee under section 21.5 of this chapter if the court makes a finding under subdivision (1), (2), (4), or (7) by clear and convincing evidence. If the court makes a finding under subdivision (1), (2), (4), or (7), the court shall also consider subdivisions (3), (5), (6), (8), and (9) in determining the amount of security, bond, or other guarantee. In making a determination under this section, the court shall consider the following:         (1) Whether a party has previously taken a child out of Indiana or another state in violation of a custody, parenting time, or visitation order.         (2) Whether a party has previously threatened to take a child out of Indiana or another state in violation of a custody, parenting time, or visitation order.         (3) Whether a party has strong ties to Indiana.         (4) Whether a party:             (A) is a citizen of another country;             (B) has strong emotional or cultural ties to the other country; and             (C) has indicated or threatened to take a child out of Indiana to the other country.         (5) Whether a party has friends or family living outside Indiana.         (6) Whether a party does not have a financial reason to stay in Indiana, such as whether the party is unemployed, able to work anywhere, or is financially independent.         (7) Whether a party has engaged in planning that would facilitate removal from Indiana, such as quitting a job, selling the party's primary residence, terminating a lease, closing an account, liquidating other assets, hiding or destroying documents, applying for a passport, applying for a birth certificate, or applying for school or medical records.         (8) Whether a party has a history of marital instability, a lack of parental cooperation, domestic violence, or child abuse.         (9) Whether a party has a criminal record. After considering evidence, the court shall issue a written determination of security, bond, or other written guarantee supported by findings of fact and conclusions of law.     (b) If a motion for change of judge or change of venue is filed, the court may, before a determination of change of judge or change of venue, consider security, bond, or other guarantee under this chapter. As added by P.L.171-2001, SEC.12. Amended by P.L.68-2005, SEC.35. ------------------------------------------------------------------------------------------------------------------------------------------ IC 31-17-2.2-1 http://www.in.gov/legislative/ic/code/title31/ar17/ch2.2.html Notice of intent to move residence; modifying orders; attorney's fees      Sec. 1. (a) A relocating individual must file a notice of the intent to move with the clerk of the court that:         (1) issued the custody order or parenting time order; or         (2) if subdivision (1) does not apply, has jurisdiction over the legal proceedings concerning the custody of or parenting time with a child; and send a copy of the notice to any nonrelocating individual.     (b) Upon motion of a party, the court shall set the matter for a hearing to review and modify, if appropriate, a custody order, parenting time order, grandparent visitation order, or child support order. The court shall take into account the following in determining whether to modify a custody order, parenting time order, grandparent visitation order, or child support order:         (1) The distance involved in the proposed change of residence.         (2) The hardship and expense involved for the nonrelocating individual to exercise parenting time or grandparent visitation.         (3) The feasibility of preserving the relationship between the nonrelocating individual and the child through suitable parenting time and grandparent visitation arrangements, including consideration of the financial circumstances of the parties.         (4) Whether there is an established pattern of conduct by the relocating individual, including actions by the relocating individual to either promote or thwart a nonrelocating individual's contact with the child.         (5) The reasons provided by the:             (A) relocating individual for seeking relocation; and             (B) nonrelocating parent for opposing the relocation of the child.         (6) Other factors affecting the best interest of the child.     (c) The court may award reasonable attorney's fees for a motion filed under this section in accordance with IC 31-15-10. As added by P.L.50-2006, SEC.7. ----------------------------------------------------------------------------------------------------------------------------------------- IC 31-17-2.2-3 Notice; information requirementshttp://www.in.gov/legislative/ic/code/title31/ar17/ch2.2.html      Sec. 3. (a) Except as provided in section 4 of this chapter, an individual required to file a notice under IC 31-14-13-10 or section 1 of this chapter must:         (1) send the notice to each nonrelocating individual:             (A) by registered or certified mail; and             (B) not later than ninety (90) days before the date that the relocating individual intends to move; and         (2) provide the following information in the notice:             (A) The intended new residence, including the:                 (i) address; and                 (ii) mailing address of the relocating individual, if the mailing address is different than the address under item (i).             (B) The home telephone number of the new residence.             (C) Any other applicable telephone number for the relocating individual.             (D) The date that the relocating individual intends to move.             (E) A brief statement of the specific reasons for the proposed relocation of the child.             (F) A proposal for a revised schedule of parenting time or grandparent visitation with the child.             (G) A statement that a parent must file an objection to the relocation of the child with the court not later than sixty (60) days after receipt of the notice.             (H) A statement that a nonrelocating individual may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order.     (b) Except as provided in section 4 of this chapter, if the relocating individual is unable to provide the information required under subsection (a)(2) not later than ninety (90) days before the relocating individual intends to move, the relocating individual shall provide the information in the manner required under subsection (a) not later than ten (10) days after the date that the relocating individual obtains the information required to be provided under subsection (a)(2). However, the relocating individual must provide all the information required under subsection (a)(2) not later than thirty (30) days before the relocating individual intends to move to the new residence. As added by P.L.50-2006, SEC.7. Amended by P.L.1-2007, SEC.194. ----------------------------------------------------------------------------------------------------------------------------------------- IC 31-17-2.2-5 Motion to prevent relocation; burden of proofhttp://www.in.gov/legislative/ic/code/title31/ar17/ch2.2.html      Sec. 5. (a) Not later than sixty (60) days after receipt of the notice from the relocating individual under IC 31-14-13-10 or this chapter, a nonrelocating parent may file a motion seeking a temporary or permanent order to prevent the relocation of a child.     (b) On the request of either party, the court shall hold a full evidentiary hearing to grant or deny a relocation motion under subsection (a).     (c) The relocating individual has the burden of proof that the proposed relocation is made in good faith and for a legitimate reason.     (d) If the relocating individual meets the burden of proof under subsection (c), the burden shifts to the nonrelocating parent to show that the proposed relocation is not in the best interest of the child.     (e) If the nonrelocating parent fails to file a motion under subsection (a), the relocating individual who has custody of the child may relocate to the new residence. As added by P.L.50-2006, SEC.7. ----------------------------------------------------------------------------------------------------------------------------------------- IC 31-17-2.2-6 Temporary order to restrain or permit relocationhttp://www.in.gov/legislative/ic/code/title31/ar17/ch2.2.html      Sec. 6. (a) If a nonrelocating parent files a motion under section 5 of this chapter, the court, after notice and an opportunity to be heard or after compliance with Trial Rule 65(B), may grant a temporary order restraining the relocation of a child or order the child to be returned to the nonrelocating parent if the court finds:         (1) that the notice required under IC 31-14-13-10 or this chapter was not served in a timely manner and the parties have not presented an agreement concerning a parenting time schedule;         (2) that the child has been relocated without:             (A) the appropriate notice;             (B) an agreement between the parties; or             (C) a court order; or         (3) from an examination of the evidence presented at the temporary hearing, that there is a likelihood that, after a final hearing, the court will not approve the relocation of the child.     (b) The court may grant a temporary order permitting the relocation of the child pending a final hearing if the court:         (1) determines that the notice required under IC 31-14-13-10 or this chapter was provided in a timely manner;         (2) issues an order for a revised schedule for temporary parenting time with the child; and         (3) reviews the evidence presented at the temporary hearing and determines that there is a likelihood that, after the final hearing, the court will approve the relocation of the child.     (c) If the court issues a temporary order authorizing the relocating individual to move, in its final judgment, the court must consider factors:         (1) other than; or         (2) in addition to; the temporary relocation of the child when issuing a final order. As added by P.L.50-2006, SEC.7. ------------------------------------------------------------------------------------------------------------------------------------------ IC 31-17-4-1 Parenting time rights; in chambers interview of childhttp://www.in.gov/legislative/ic/code/title31/ar17/ch4.html      Sec. 1. (a) A parent not granted custody of the child is entitled to reasonable parenting time rights unless the court finds, after a hearing, that parenting time by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development.     (b) The court may interview the child in chambers to assist the court in determining the child's perception of whether parenting time by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development.     (c) The court may permit counsel to be present at the interview. If counsel is present:         (1) a record may be made of the interview; and         (2) the interview may be made part of the record for purposes of appeal. As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.2; P.L.68-2005, SEC.45. ----------------------------------------------------------------------------------------------------------------------------------------- IC 31-17-4-2 Modification or denial; restriction of parenting time rightshttp://www.in.gov/legislative/ic/code/title31/ar17/ch4.html      Sec. 2. The court may modify an order granting or denying parenting time rights whenever modification would serve the best interests of the child. However, the court shall not restrict a parent's parenting time rights unless the court finds that the parenting time might endanger the child's physical health or significantly impair the child's emotional development. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.46. ------------------------------------------------------------------------------------------------------------------------------------------ IC 31-17-4-2.5 Security, bond, or guaranteehttp://www.in.gov/legislative/ic/code/title31/ar17/ch4.html      Sec. 2.5. The court may provide in:         (1) a parenting time order; or         (2) a modification to a parenting time order; for the security, bond, or other guarantee that is satisfactory to the court to secure enforcement of the provisions of the parenting time order. As added by P.L.171-2001, SEC.13. Amended by P.L.68-2005, SEC.47.