reglab/housing_qa huggingface dataset:
IN Code § 31-17-2-8 (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|31-17-2-8. Custody Order

Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:(1) The age and sex of the child.(2) The wishes of the child's parent or parents.(3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.(4) The interaction and interrelationship of the child with:(A) the child's parent or parents;(B) the child's sibling; and(C) any other person who may significantly affect the child's best interests.(5) The child's adjustment to the child's:(A) home;(B) school; and(C) community.(6) The mental and physical health of all individuals involved.(7) Evidence of a pattern of domestic or family violence by either parent.(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.(9) A designation in a power of attorney of:(A) the child's parent; or(B) a person found to be a de facto custodian of the child.[Pre-1997 Recodification Citation: 31-1-11.5-21(a).]As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.7; P.L.133-2002, SEC.32; P.L.194-2017, SEC.14.
IN Code § 31-17-2-8.1 (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|31-17-2-8.1. "Disability"; Custody

Sec. 8.1. (a) As used in this section, "disability" has the meaning set forth in 42 U.S.C. 12102.(b) A court in a custody proceeding, including a proceeding to modify custody:(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.6.
IN Code § 31-17-2-8.3 (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|31-17-2-8.3. Supervised Parenting Time; Conviction of Crime Involving Domestic or Family Violence; Batterer's Intervention Program

Sec. 8.3. (a) This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent's child.(b) There is created a rebuttable presumption that the court shall order that the noncustodial parent's parenting time with the child must be supervised:(1) for at least one (1) year and not more than two (2) years immediately following the crime involving domestic or family violence; or(2) until the child becomes emancipated;whichever occurs first.(c) As a condition of granting the noncustodial parent unsupervised parenting time, the court may require the noncustodial parent to complete a batterer's intervention program certified by the Indiana coalition against domestic violence.As added by P.L.133-2002, SEC.33. Amended by P.L.68-2005, SEC.32; P.L.162-2011, SEC.12.
IN Code § 31-17-2-8.5 (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|31-17-2-8.5. Consideration of De Facto Custodian Factors

Sec. 8.5. (a) This section applies only if the court finds by clear and convincing evidence that the child has been cared for by a de facto custodian.(b) In addition to the factors listed in section 8 of this chapter, the court shall consider the following factors in determining custody:(1) The wishes of the child's de facto custodian.(2) The extent to which the child has been cared for, nurtured, and supported by the de facto custodian.(3) The intent of the child's parent in placing the child with the de facto custodian.(4) The circumstances under which the child was allowed to remain in the custody of the de facto custodian, including whether the child was placed with the de facto custodian to allow the parent now seeking custody to:(A) seek employment;(B) work; or(C) attend school.(c) If a court determines that a child is in the custody of a de facto custodian, the court shall make the de facto custodian a party to the proceeding.(d) The court shall award custody of the child to the child's de facto custodian if the court determines that it is in the best interests of the child.(e) If the court awards custody of the child to the child's de facto custodian, the de facto custodian is considered to have legal custody of the child under Indiana law.As added by P.L.96-1999, SEC.8.
IN Code § 31-17-2-9 (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|31-17-2-9. Court Interview of Child in Chambers

Sec. 9. (a) The court may interview the child in chambers to ascertain the child's wishes.(b) 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.[Pre-1997 Recodification Citation: 31-1-11.5-21(d).]As added by P.L.1-1997, SEC.9.
IN Code § 31-17-2-10 (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|31-17-2-10. Professional Personnel; Court Consultation; Cross-Examination

Sec. 10. (a) The court may seek the advice of professional personnel even if the professional personnel are not employed on a regular basis by the court. The advice shall be given in writing and made available by the court to counsel upon request.(b) Counsel may call for cross-examination of any professional personnel consulted by the court.[Pre-1997 Recodification Citation: 31-1-11.5-21(e).]As added by P.L.1-1997, SEC.9.
IN Code § 31-17-2-11 (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|31-17-2-11. Temporary Custodian

Sec. 11. (a) If, in a proceeding for custody or modification of custody under IC 31-15, this chapter, IC 31-17-4, IC 31-17-6, or IC 31-17-7, the court:(1) requires supervision during the noncustodial parent's parenting time privileges; or(2) suspends the noncustodial parent's parenting time privileges;the court shall enter a conditional order naming a temporary custodian for the child.(b) A temporary custodian named by the court under this section receives temporary custody of a child upon the death of the child's custodial parent.(c) Upon the death of a custodial parent, a temporary custodian named by a court under this section may petition the court having probate jurisdiction over the estate of the child's custodial parent for an order under IC 29-3-3-6 naming the temporary custodian as the temporary guardian of the child.[Pre-1997 Recodification Citation: 31-1-11.5-27.]As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.33.
IN Code § 31-17-2-12 (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|31-17-2-12. Investigation and Report Concerning Custodial Arrangements for Child

Sec. 12. (a) In custody proceedings after evidence is submitted upon the petition, if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child. The investigation and report may be made by any of the following:(1) The court social service agency.(2) The staff of the juvenile court.(3) The local probation department or, if the child is the subject of a child in need of services case under IC 31-34, the department of child services.(4) A private agency employed by the court for the purpose.(5) A guardian ad litem or court appointed special advocate appointed for the child by the court under IC 31-17-6 (or IC 31-1-11.5-28 before its repeal).(b) In preparing a report concerning a child, the investigator may consult any person who may have information about the child and the child's potential custodian arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child's custodian. However, the child's consent must be obtained if the child is of sufficient age and capable of forming rational and independent judgments. If the requirements of subsection (c) are fulfilled, the investigator's report:(1) may be received in evidence at the hearing; and(2) may not be excluded on the grounds that the report is hearsay or otherwise incompetent.(c) The court shall mail the investigator's report to counsel and to any party not represented by counsel at least ten (10) days before the hearing. The investigator shall make the following available to counsel and to any party not represented by counsel:(1) The investigator's file of underlying data and reports.(2) Complete texts of diagnostic reports made to the investigator under subsection (b).(3) The names and addresses of all persons whom the investigator has consulted.(d) Any party to the proceeding may call the investigator and any person whom the investigator has consulted for cross-examination. A party to the proceeding may not waive the party's right of cross-examination before the hearing.[Pre-1997 Recodification Citation: 31-1-11.5-22(a), (b), (c).]As added by P.L.1-1997, SEC.9. Amended by P.L.146-2008, SEC.558.
IN Code § 31-17-2-13 (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|31-17-2-13. Joint Legal Custody; Finding Required for Award

Sec. 13. The court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child.[Pre-1997 Recodification Citation: 31-1-11.5-21(f) part.]As added by P.L.1-1997, SEC.9.
IN Code § 31-17-2-14 (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|31-17-2-14. Joint Legal Custody; Division of Physical Custody

Sec. 14. An award of joint legal custody under section 13 of this chapter does not require an equal division of physical custody of the child.[Pre-1997 Recodification Citation: 31-1-11.5-21(f) part.]As added by P.L.1-1997, SEC.9.
IN Code § 31-17-2-15 (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|31-17-2-15. Joint Legal Custody; Matters Considered in Making Award

Sec. 15. In determining whether an award of joint legal custody under section 13 of this chapter would be in the best interest of the child, the court shall consider it a matter of primary, but not determinative, importance that the persons awarded joint custody have agreed to an award of joint legal custody. The court shall also consider:(1) the fitness and suitability of each of the persons awarded joint custody;(2) whether the persons awarded joint custody are willing and able to communicate and cooperate in advancing the child's welfare;(3) the wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age;(4) whether the child has established a close and beneficial relationship with both of the persons awarded joint custody;(5) whether the persons awarded joint custody:(A) live in close proximity to each other; and(B) plan to continue to do so; and(6) the nature of the physical and emotional environment in the home of each of the persons awarded joint custody.[Pre-1997 Recodification Citation: 31-1-11.5-21(g).]As added by P.L.1-1997, SEC.9. Amended by P.L.3-2008, SEC.237.
IN Code § 31-17-2-16 (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|31-17-2-16. Counseling for Child

Sec. 16. Upon:(1) the court's own motion;(2) the motion of a party;(3) the motion of the child;(4) the motion of the child's guardian ad litem; or(5) the motion of the court appointed special advocate;the court may order the custodian or the joint custodians to obtain counseling for the child under such terms and conditions as the court considers appropriate.[Pre-1997 Recodification Citation: 31-1-11.5-21(h).]As added by P.L.1-1997, SEC.9. Amended by P.L.129-2005, SEC.2.
IN Code § 31-17-2-17 (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|31-17-2-17. Custodian May Determine Child's Upbringing

Sec. 17. (a) Except:(1) as otherwise agreed by the parties in writing at the time of the custody order; and(2) as provided in subsection (b);the custodian may determine the child's upbringing, including the child's education, health care, and religious training.(b) If the court finds after motion by a noncustodial parent that, in the absence of a specific limitation of the custodian's authority, the child's:(1) physical health would be endangered; or(2) emotional development would be significantly impaired;the court may specifically limit the custodian's authority.[Pre-1997 Recodification Citation: 31-1-11.5-21(b).]As added by P.L.1-1997, SEC.9.
IN Code § 31-17-2-18 (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|31-17-2-18. Continuing Supervision

Sec. 18. If both parents or all contestants agree to the order or if the court finds that, in the absence of the order, the child's physical health might be endangered or the child's emotional development significantly impaired, the court may order:(1) the court social service agency;(2) the staff of the juvenile court;(3) the local probation department; or(4) a private agency employed by the court for that purpose;to exercise continuing supervision over the case to assure that the custodial or parenting time terms of the decree are carried out.[Pre-1997 Recodification Citation: 31-1-11.5-21(c).]As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.34; P.L.146-2008, SEC.559.
IN Code § 31-17-2-19 (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|31-17-2-19. Travel and Other Expenses of Witnesses

Sec. 19. The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court considers necessary to determine the best interests of the child.[Pre-1997 Recodification Citation: 31-1-11.5-23(b).]As added by P.L.1-1997, SEC.9.
IN Code § 31-17-2-20 (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|31-17-2-20. Confidentiality of Interview, Report, or Investigation

Sec. 20. If the court finds it necessary to protect the child's welfare that the record of any interview, a report, or an investigation in a custody proceeding not be a public record, the court may make an appropriate order accordingly.[Pre-1997 Recodification Citation: 31-1-11.5-23(d).]As added by P.L.1-1997, SEC.9.
IN Code § 31-17-2-21 (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. 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.[Pre-1997 Recodification Citation: 31-1-11.5-22(d), (e), (f).]As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.9.
IN Code § 31-17-2-21.1 (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|31-17-2-21.1. Delegation of Parenting Time During Deployment; Automatically Terminates Upon Return

Sec. 21.1. (a) Upon a motion of a parent who has received military deployment orders, the court may delegate the parent's parenting time, or a part of the parent's parenting time, during the time the parent is deployed to a person who has a close and substantial relationship with the parent's child if the court finds that delegating the parent's parenting time is in the best interests of the child.(b) If a court delegates parenting time under subsection (a), the order delegating parenting time automatically terminates after the parent returns from deployment.(c) A court may terminate an order delegating parenting time if the court determines that the delegated parenting time is no longer in the best interests of the child.As added by P.L.55-2012, SEC.3.
IN Code § 31-17-2-21.2 (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|31-17-2-21.2. Military Duties; Expedited Hearing; Allow Evidence by Electronic Means

Sec. 21.2. (a) Upon a motion of a parent who has received military temporary duty, deployment, or mobilization orders, the court shall hold an expedited hearing to determine or modify the custody of a child or parenting time with a child if the military duties of the parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing concerning custody or parenting time.(b) Upon a motion of a parent who has received military temporary duty, deployment, or mobilization orders, the court shall, with reasonable notice, allow the parent to present testimony and evidence by:(1) telephone;(2) video teleconference;(3) Internet; or(4) other electronic means approved by the court;in a custody or parenting time proceeding if the military duties of the parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing concerning custody or parenting time.As added by P.L.55-2012, SEC.4.
IN Code § 31-17-2-21.3 (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|31-17-2-21.3. Parent's Active Duty Service Not a Factor; Temporary Modification of Custody

Sec. 21.3. (a) A court may not consider a parent's absence or relocation due to active duty service as a factor in determining custody or permanently modifying a child custody order.(b) If a court temporarily modifies a custody order due to a parent's active duty service, the order temporarily modifying the custody order terminates automatically not later than ten (10) days after the date the parent notifies the temporary custodian in writing that the parent has returned from active duty service. This subsection does not prevent a court from modifying a child custody order as provided under this article after a parent returns from active duty service.As added by P.L.80-2010, SEC.45.
IN Code § 31-17-2-21.5 (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|31-17-2-21.5. Security, Bond, or Guarantee

Sec. 21.5. The court may provide in:(1) a custody order; or(2) a modification to a custody order;for the security, bond, or other guarantee that is satisfactory to the court to secure enforcement of the custody order.As added by P.L.171-2001, SEC.11.
IN Code § 31-17-2-21.7 (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|31-17-2-21.7. 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.