reglab/housing_qa huggingface dataset:
IN Code § 31-17-2-21.8 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2. Actions for Child Custody and Modification of Child Custody Orders|31-17-2-21.8. Parenting Time; Drug Testing

Sec. 21.8. (a) A court may require that a parent submit to drug testing as a condition of exercising the parent's parenting time if the court finds that:(1) the parent has a history of unlawful drug use within the previous five (5) years; or(2) there is a reasonable likelihood that the parent is currently using unlawful drugs.(b) The court shall determine the manner and frequency of the drug testing.(c) The parent shall pay the costs of the drug testing.As added by P.L.223-2019, SEC.2.
IN Code § 31-17-2-22 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2. Actions for Child Custody and Modification of Child Custody Orders|31-17-2-22. Custodial Parent's Violation of Injunction or Temporary Restraining Order Considered in Custody Modification

Sec. 22. An intentional violation by a custodial parent of an injunction or a temporary restraining order issued under IC 31-17-4-4 or IC 31-17-4-5 (or IC 31-1-11.5-26 before its repeal) may be considered a relevant factor under section 8 of this chapter that the court must consider in a proceeding for a custody modification under section 21 of this chapter.[Pre-1997 Recodification Citation: 31-1-11.5-26(f).]As added by P.L.1-1997, SEC.9.
IN Code § 31-17-2-24 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2. Actions for Child Custody and Modification of Child Custody Orders|31-17-2-24. Notice of Passport Application for Child

Sec. 24. (a) If either party to the custody order applies for a passport for the child, the party who applies for the child's passport shall do the following not less than ten (10) days before applying for the child's passport:(1) File a notice of the passport application with the clerk of the court that issued the custody order.(2) Send a copy of the notice to the other party.(b) The parties may jointly agree in writing to waive the requirements of subsection (a).[Pre-1997 Recodification Citation: 31-1-11.5-20(c), (d).]As added by P.L.1-1997, SEC.9.
IN Code § 31-17-2-25 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2. Actions for Child Custody and Modification of Child Custody Orders|31-17-2-25. Petition for Emergency Placement With Person Other Than Noncustodial Parent; Hearing

Sec. 25. (a) This section applies if a custodial parent or guardian of a child dies or becomes unable to care for the child.(b) Except as provided in subsection (d), if a person other than a parent files a petition:(1) seeking to determine custody of the child; or(2) to modify custody of the child;that person may request an initial hearing by alleging, as part of the petition, or in a separate petition, the facts and circumstances warranting emergency placement with a person other than the noncustodial parent, pending a final determination of custody.(c) If a hearing is requested under subsection (b), the court shall set an initial hearing not later than four (4) business days after the petition is filed to determine whether emergency placement of the child with a person other than the child's noncustodial parent should be granted, pending a final determination of custody.(d) A court is not required to set an initial hearing in accordance with this section if:(1) it appears from the pleadings that no emergency requiring placement with a person other than the noncustodial parent exists;(2) it appears from the pleadings that the petitioner does not have a reasonable likelihood of success on the merits; or(3) manifest injustice would result.As added by P.L.146-2006, SEC.16.
IN Code § 31-17-2-26 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2. Actions for Child Custody and Modification of Child Custody Orders|31-17-2-26. Submissions to the Court; Court Requests for Information

Sec. 26. (a) If a person files a petition to establish or modify custody of a child, any person who:(1) is a party to the custody proceeding; and(2) has knowledge that:(A) a party to the custody proceeding has been determined to be a perpetrator of a substantiated report of child abuse or neglect;(B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;(C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or(D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;shall submit to the court in writing under seal that a party to the custody proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).(b) A court reviewing a petition to establish or modify custody of a child may request information from the department of child services regarding a petition or proceeding described in subsection (a)(2). The department shall provide a response under seal to the court's request for information not later than ten (10) days after the department receives the court's request for the information.As added by P.L.239-2013, SEC.4.
IN Code § 31-17-2.2-0.5 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2.2. Relocation|31-17-2.2-0.5. Notice Requirements for Persons Seeking Rights With a Child

Sec. 0.5. Except as provided in section 4 of this chapter, an individual who has or is seeking:(1) custody of a child;(2) parenting time with a child; or(3) grandparent's visitation under IC 31-17-5;shall at all times keep all other individuals who have or are seeking rights with the child (as described in subdivisions (1) through (3)) advised of the individual's home address and all of the individual's telephone numbers and electronic mail addresses. Information required by this section must be provided in writing, including electronically, to each individual entitled to the information.As added by P.L.186-2019, SEC.10.
IN Code § 31-17-2.2-2 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2.2. Relocation|31-17-2.2-2. Initial Custody Determination

Sec. 2. (a) If a party provides notice of relocation at an initial hearing to determine custody, the court may consider the factors set forth in this chapter in the court's initial custody determination.(b) The court may consider a proposed relocation of a child as a factor in determining whether to modify a custody order, parenting time order, grandparent visitation order, or child support order.As added by P.L.50-2006, SEC.7.
IN Code § 31-17-2.2-3 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2.2. Relocation|31-17-2.2-3. Notice; Information Requirements

Sec. 3. Except as provided in section 4 of this chapter, an individual required to file a notice under section 1 of this chapter must:(1) file and serve the notice on each nonrelocating individual who is a party to the action in accordance with the Indiana Rules of Trial Procedure not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner;(2) send the notice to any nonrelocating individual who is not a party to the action by registered or certified mail not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner; and(3) 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) All telephone numbers for the relocating individual.(C) The date that the relocating individual intends to move.(D) A brief statement of the specific reasons for the proposed relocation of the child.(E) A statement that the relocating individual either does or does not believe that a revision of parenting time or grandparent visitation is necessary.(F) A statement that a nonrelocating parent must file a response regarding the relocation of the child with the court not later than twenty (20) days after service of the notice.(G) The following statements:(i) A statement that a party may file a petition requesting an order to prevent the temporary or permanent relocation of a child.(ii) 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.(H) A statement that all existing orders for custody, parenting time, grandparent visitation, and child support remain in effect until modified by the court.As added by P.L.50-2006, SEC.7. Amended by P.L.1-2007, SEC.194; P.L.186-2019, SEC.12.
IN Code § 31-17-2.2-4 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2.2. Relocation|31-17-2.2-4. Risk or Harm in Disclosing Information

Sec. 4. If a court finds that disclosure of the information required under IC 31-14-13-10.2 or section 0.5 or 3 of this chapter creates a significant risk of substantial harm to the individual required to provide the disclosure or to the child, the court may order:(1) that the address, the telephone number, or other identifying information of the individual or child not be shared with other individuals or disclosed in the pleadings, other documents filed in the proceeding, or the final order;(2) that the information required under section 3 of this chapter be maintained by the clerk of the court in a secure location separate from the pending case file;(3) that the notice requirements under this chapter be waived to the extent necessary to protect the individual or child from significant risk of substantial harm; or(4) other remedial action that the court considers necessary to facilitate the legitimate needs of the parties and the best interest of the child.As added by P.L.50-2006, SEC.7. Amended by P.L.186-2019, SEC.13.
IN Code § 31-17-2.2-5 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2.2. Relocation|31-17-2.2-5. Response to Request for Relocation; Required Information; Burden of Proof; Exceptions

Sec. 5. (a) Except as provided in subsection (b), a nonrelocating parent shall file a response not more than twenty (20) days after the day the nonrelocating parent is served notice from the relocating individual under section 3 of this chapter. The nonrelocating parent's response must include one (1) of the following:(1) A statement that the nonrelocating parent does not:(A) object to the relocation of the child; and(B) request the modification of any custody, parenting time, grandparent visitation, or child support order.(2) The following:(A) A statement that the nonrelocating parent does not object to the relocation of the child.(B) A motion requesting the modification of a custody, parenting time, grandparent visitation, or child support order as a result of the relocation.(C) A request for a hearing on the motion filed under clause (B).(3) The following:(A) A statement that the nonrelocating parent objects to the relocation of the child.(B) A motion requesting:(i) a temporary or permanent order to prevent the relocation of the child; and(ii) the modification of a custody, parenting time, grandparent visitation, or child support order as a result of the relocation.(C) A request for a hearing on the motion filed under clause (B).(b) A nonrelocating parent is not required to file a response under subsection (a) if the parties have executed and filed with the court a written agreement resolving all issues related to custody, parenting time, grandparent visitation, and child support resulting from the relocation of the child. The agreement must include a child support worksheet to be signed by the parties and attached to the agreement, if the agreement results in a modification of support.(c) A motion filed under subsection (a)(2) or (a)(3) must state whether the relocating individual and the nonrelocating parent have participated in mediation or another alternate dispute resolution process regarding the relocation of the child.(d) On the request of either party, the court shall hold a full evidentiary hearing to allow or restrain the relocation of the child and to review and modify, if appropriate, a custody order, parenting time order, grandparent visitation order, or child support order.(e) The relocating individual has the burden of proof that the proposed relocation is made in good faith and for a legitimate reason.(f) If the relocating individual meets the burden of proof under subsection (e), the burden shifts to the nonrelocating parent to show that the proposed relocation is not in the best interest of the child.(g) If the nonrelocating parent fails to file a response under subsection (a), the relocating individual may relocate to the new residence.As added by P.L.50-2006, SEC.7. Amended by P.L.186-2019, SEC.14.
IN Code § 31-17-2.2-6 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2.2. Relocation|31-17-2.2-6. Temporary Order to Restrain or Permit Relocation

Sec. 6. (a) If a nonrelocating parent files a motion under section 5(a)(3) 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 section 3 of this chapter was not served in a timely manner and the parties have not presented an agreement regarding the relocation of the child;(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 section 3 of this chapter was provided in a timely manner;(2) issues orders that may be necessary for temporary custody, parenting time, support, and grandparent visitation 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 relocation of the child 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. Amended by P.L.186-2019, SEC.15.
IN Code § 31-17-2.4-1 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2.4. Mediation|31-17-2.4-1. Factors in Determination

Sec. 1. Whenever the court issues an order under this article, other than an ex parte order, the court shall determine whether the proceeding should be referred to mediation. In making this determination, the court shall consider:(1) the ability of the parties to pay for the mediation services; and(2) whether mediation is appropriate in helping the parties resolve their disputes.As added by P.L.199-1997, SEC.3.
IN Code § 31-17-2.4-2 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 2.4. Mediation|31-17-2.4-2. Docketing; Extension; Report

Sec. 2. When a case is ordered to mediation, the case shall be placed on the court docket for final hearing. The mediation process must be completed not later than sixty (60) days after the mediation order is entered. However, the sixty (60) day period may be extended by the court upon the court's own motion, upon agreement of the parties, or upon the recommendation of the mediator, but may not be extended beyond the date set for final hearing. Upon completion of the mediation process, the mediator shall promptly file the mediation report.As added by P.L.199-1997, SEC.3.
IN Code § 31-17-3.5-1 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 3.5. Security to Secure Custody and Parenting Time Orders|31-17-3.5-1. Bonds; Requirements

Sec. 1. A bond required under this article to secure enforcement of a custody order or parenting time order must:(1) be in writing; and(2) be secured by:(A) at least one (1) resident freehold surety; or(B) a commercial insurance company.As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005, SEC.41.
IN Code § 31-17-3.5-2 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 3.5. Security to Secure Custody and Parenting Time Orders|31-17-3.5-2. Bonds; Form

Sec. 2. A bond described in section 1 of this chapter may be prepared in substantially the following form:
IN Code § 31-17-3.5-3 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 3.5. Security to Secure Custody and Parenting Time Orders|31-17-3.5-3. Forfeiture; Use of Proceeds

Sec. 3. Upon forfeiture, the proceeds of security, a bond, or other guarantee ordered to secure enforcement of a custody order or parenting time order under this article may only be used to:(1) reimburse the nonviolating party for actual costs or damages incurred in upholding the court's order;(2) locate and return the child to the residence as set forth in the court's order; or(3) reimburse reasonable fees and court costs to the court appointed trustee.As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005, SEC.43.
IN Code § 31-17-3.5-4 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 3.5. Security to Secure Custody and Parenting Time Orders|31-17-3.5-4. Forfeiture; Excess Proceeds

Sec. 4. Upon forfeiture, the proceeds of the security, a bond, or other guarantee ordered to secure enforcement of a custody order or parenting time order under this article that are not applied to the expenses described in section 3 of this chapter must be applied toward:(1) the child's postsecondary education; or(2) the support and maintenance of the child.As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005, SEC.44; P.L.2-2007, SEC.363.
IN Code § 31-17-4-1 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 4. Parenting Time Rights of Noncustodial Parent|31-17-4-1. Parenting Time Rights; in Chambers Interview of Child; Rebuttable Presumption for Supervised Parenting Time

Sec. 1. (a) Subject to subsections (d) and (e) and subject to section 1.1 of this chapter, 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.(d) Except as provided in subsection (e), if a court grants parenting time rights to a person who has been convicted of:(1) child molesting (IC 35-42-4-3); or(2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));there is a rebuttable presumption that the parenting time with the child must be supervised.(e) If a court grants parenting time rights to a person who has been convicted of:(1) child molesting (IC 35-42-4-3); or(2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));within the previous five (5) years, the court shall order that the parenting time with the child must be supervised.[Pre-1997 Recodification Citation: 31-1-11.5-24(a).]As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.2; P.L.68-2005, SEC.45; P.L.223-2019, SEC.3; P.L.146-2021, SEC.7.
IN Code § 31-17-4-1.1 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 4. Parenting Time Rights of Noncustodial Parent|31-17-4-1.1. "Disability"; Parenting Time

Sec. 1.1. (a) As used in this section, "disability" has the meaning set forth in 42 U.S.C. 12102.(b) A court in a proceeding to determine or modify parenting time:(1) shall not discriminate against; and(2) shall take into consideration the provision of reasonable accommodations to;a parent who is a person with a disability, as provided under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 through 42 U.S.C. 12134), and other applicable state and federal law.As added by P.L.146-2021, SEC.8.
IN Code § 31-17-4-2 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 4. Parenting Time Rights of Noncustodial Parent|31-17-4-2. Modification or Denial; Restriction of Parenting Time Rights

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.[Pre-1997 Recodification Citation: 31-1-11.5-24(b).]As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.46.
IN Code § 31-17-4-2.5 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 4. Parenting Time Rights of Noncustodial Parent|31-17-4-2.5. Security, Bond, or Guarantee

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.
IN Code § 31-17-4-3 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 17. Family Law: Custody and Visitation Rights|Chapter 4. Parenting Time Rights of Noncustodial Parent|31-17-4-3. Attorney's Fees, Court Costs, and Litigation Expenses

Sec. 3. (a) In any action filed to enforce or modify an order granting or denying parenting time rights, a court may award:(1) reasonable attorney's fees;(2) court costs; and(3) other reasonable expenses of litigation.(b) In determining whether to award reasonable attorney's fees, court costs, and other reasonable expenses of litigation, the court may consider among other factors:(1) whether the petitioner substantially prevailed and whether the court found that the respondent knowingly or intentionally violated an order granting or denying rights; and(2) whether the respondent substantially prevailed and the court found that the action was frivolous or vexatious.[Pre-1997 Recodification Citation: 31-1-11.5-24(c).]As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.48.