reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 3. Repealed

[Pre-1997 Recodification Citations:
31-17-3-1formerly 31-1-11.6-131-17-3-2formerly 31-1-11.6-231-17-3-3formerly 31-1-11.6-331-17-3-4formerly 31-1-11.6-431-17-3-5formerly 31-1-11.6-531-17-3-6formerly 31-1-11.6-631-17-3-7formerly 31-1-11.6-731-17-3-8formerly 31-1-11.6-831-17-3-9formerly 31-1-11.6-931-17-3-10formerly 31-1-11.6-1031-17-3-11formerly 31-1-11.6-1131-17-3-12formerly 31-1-11.6-1231-17-3-13formerly 31-1-11.6-1331-17-3-14formerly 31-1-11.6-1431-17-3-15formerly 31-1-11.6-1531-17-3-16formerly 31-1-11.6-1631-17-3-17formerly 31-1-11.6-1731-17-3-18formerly 31-1-11.6-1831-17-3-19formerly 31-1-11.6-1931-17-3-20formerly 31-1-11.6-2031-17-3-21formerly 31-1-11.6-2131-17-3-22formerly 31-1-11.6-2231-17-3-23formerly 31-1-11.6-2331-17-3-24formerly 31-1-11.6-2431-17-3-25formerly 31-1-11.6-25.]
Repealed by P.L.138-2007, SEC.93.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 › 31-17-4-4. Permanent Injunction Against Custodial Parent

Sec. 4. A noncustodial parent who:
(1) has been granted parenting time rights with a child who lives with the custodial parent;
(2) regularly pays support ordered by a court for the child; and
(3) is barred by a custodial parent from exercising parenting time rights ordered for the noncustodial parent and the child;
may file, in the court that has jurisdiction over the dissolution of marriage, an application for an injunction against the custodial parent under Rule 65 of the Indiana Rules of Trial Procedure.
[Pre-1997 Recodification Citation: 31-1-11.5-26(b).]
As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.49.
2023 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 › 31-17-4-5. Temporary Restraining Order Against Custodial Parent

Sec. 5. (a) If an application for an injunction has been filed under section 4 of this chapter (or IC 31-1-11.5-26 before its repeal), the court may grant, without notice, upon affidavit of the noncustodial parent, a temporary restraining order restraining the custodial parent from further violation of the parenting time order.
(b) In the affidavit, the noncustodial parent must state under penalties for perjury that:
(1) the noncustodial parent has been granted parenting time rights with the child; and
(2) the noncustodial parent regularly pays the support ordered by a court for the child.
[Pre-1997 Recodification Citation: 31-1-11.5-26(c) part.]
As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.50.
2023 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 › 31-17-4-6. Hearing

Sec. 6. A hearing upon the restraining order must be held at the earliest convenience of the court.
[Pre-1997 Recodification Citation: 31-1-11.5-26(c) part.]
As added by P.L.1-1997, SEC.9.
2023 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 › 31-17-4-7. Security

Sec. 7. (a) This section does not apply to an order under section 2.5 of this chapter.
(b) A court may not require an applicant for a temporary restraining order or an injunction under section 4 of this chapter (or IC 31-1-11.5-26 before its repeal) to give security.
[Pre-1997 Recodification Citation: 31-1-11.5-26(d).]
As added by P.L.1-1997, SEC.9. Amended by P.L.171-2001, SEC.14.
2023 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 › 31-17-4-8. Contempt

Sec. 8. A court that finds an intentional violation without justifiable cause by a custodial parent of an injunction or a temporary restraining order issued under this chapter (or IC 31-1-11.5-26 before its repeal):
(1) shall find the custodial parent in contempt of court;
(2) shall order the exercise of parenting time that was not exercised due to the violation under this section at a time the court considers compatible with the schedules of the noncustodial parent and the child;
(3) may order payment by the custodial parent of reasonable attorney's fees, costs, and expenses to the noncustodial parent; and
(4) may order the custodial parent to perform community restitution or service without compensation in a manner specified by the court.
[Pre-1997 Recodification Citation: 31-1-11.5-26(e).]
As added by P.L.1-1997, SEC.9. Amended by P.L.32-2000, SEC.19; P.L.68-2005, SEC.51.
2023 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 › 31-17-4-9. Additional Remedies

Sec. 9. The remedies in this chapter are in addition to and do not limit other civil or criminal remedies available to the noncustodial parent.
[Pre-1997 Recodification Citation: 31-1-11.5-26(g).]
As added by P.L.1-1997, SEC.9.
2023 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 › 31-17-4-10. Missed Parenting Time; Parent in Military

Sec. 10. A noncustodial parent who misses parenting time as the result of participation in an activity of:
(1) the Indiana National Guard; or
(2) a reserve component of the armed forces of the United States;
may make up the lost parenting time as provided in IC 10-16-7-22.
As added by P.L.103-1997, SEC.4. Amended by P.L.2-2003, SEC.72; P.L.68-2005, SEC.52.
2023 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 › 31-17-4-11. Submissions to the Court; Court Requests for Information

Sec. 11. (a) If a person files a petition to establish or modify parenting time with a child, any person who:
(1) is a party to the parenting time proceeding; and
(2) has knowledge that:
(A) a party to the parenting time 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 parenting time 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 parenting time 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.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 5. Grandparent's Visitation › 31-17-5-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 31-1-11.7-2 (before its repeal, now codified at sections 1, 8, 9, and 10 of this chapter) by P.L.293-1987 apply to the visitation rights of grandparents who have been granted visitation rights before September 1, 1985.
As added by P.L.220-2011, SEC.502.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 5. Grandparent's Visitation › 31-17-5-0.3. Application of Certain Amendments to Prior Law

Sec. 0.3. The amendments made to IC 31-1-11.7-2, IC 31-1-11.7-3, and IC 31-1-11.7-6 (before their repeal, now codified in this chapter) by P.L.270-1989 apply to adoptions in which a final order is issued by a trial court after May 5, 1989.
As added by P.L.220-2011, SEC.503.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 5. Grandparent's Visitation › 31-17-5-1. Right to Seek Visitation

Sec. 1. (a) A child's grandparent may seek visitation rights if:
(1) the child's parent is deceased;
(2) the marriage of the child's parents has been dissolved in Indiana; or
(3) subject to subsection (b), the child was born out of wedlock.
(b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child's father has not established paternity in relation to the child.
[Pre-1997 Recodification Citation: 31-1-11.7-2(a).]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 5. Grandparent's Visitation › 31-17-5-2. Best Interest of the Child; in Chambers Interview of the Child

Sec. 2. (a) The court may grant visitation rights if the court determines that visitation rights are in the best interests of the child.
(b) In determining the best interests of the child under this section, the court may consider whether a grandparent has had or has attempted to have meaningful contact with the child.
(c) The court may interview the child in chambers to assist the court in determining the child's perception of whether visitation by a grandparent is in the best interests of the child.
(d) 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: 31-1-11.7-3.]
As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 5. Grandparent's Visitation › 31-17-5-3. Petition

Sec. 3. (a) A proceeding for grandparent's visitation must be commenced by the filing of a petition entitled, "In Re the visitation of _________". The petition must:
(1) be filed by a grandparent entitled to receive visitation rights under this chapter;
(2) be verified; and
(3) set forth the following:
(A) The names and relationship of:
(i) the petitioning grandparent or grandparents;
(ii) each child with whom visitation is sought; and
(iii) the custodial parent or guardian of each child.
(B) The present address of each person named in clause (A).
(C) The date of birth of each child with whom visitation is sought.
(D) The status under section 1 of this chapter upon which the grandparent seeks visitation.
(E) The relief sought.
(b) A petition described in subsection (a) must be filed prior to the date a decree of adoption is entered.
[Pre-1997 Recodification Citation: 31-1-11.7-4.]
As added by P.L.1-1997, SEC.9. Amended by P.L.16-2017, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 5. Grandparent's Visitation › 31-17-5-4. Venue

Sec. 4. A grandparent seeking visitation rights shall file a petition requesting reasonable visitation rights:
(1) in a circuit, superior or probate court of the county in which the child resides in a case described in section 1(a)(1), 1(a)(3), or 10 of this chapter; or
(2) in the court having jurisdiction over the dissolution of the parents' marriage in a case described in section 1(a)(2) of this chapter.
[Pre-1997 Recodification Citation: 31-1-11.7-6.]
As added by P.L.1-1997, SEC.9. Amended by P.L.50-2006, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 5. Grandparent's Visitation › 31-17-5-5. Service of Petition and Summons

Sec. 5. Whenever a petition is filed, a copy of the petition, together with a copy of a summons, shall be served upon the custodial and noncustodial parent or guardian of each child with whom visitation is sought in the same manner as service of summons in civil actions generally.
[Pre-1997 Recodification Citation: 31-1-11.7-5.]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 5. Grandparent's Visitation › 31-17-5-6. Decree

Sec. 6. Upon hearing evidence in support of and opposition to a petition filed under this chapter, the court shall enter a decree setting forth the court's findings and conclusions.
[Pre-1997 Recodification Citation: 31-1-11.7-7.]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 5. Grandparent's Visitation › 31-17-5-7. Modification of Order

Sec. 7. The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child.
[Pre-1997 Recodification Citation: 31-1-11.7-8.]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 5. Grandparent's Visitation › 31-17-5-8. Paternity Proceedings; Effect on Visitation Rights

Sec. 8. (a) This section applies to a child born out of wedlock.
(b) Visitation rights provided for in section 1 or 10 of this chapter survive the establishment of paternity of a child by a court proceeding other than an adoption proceeding.
[Pre-1997 Recodification Citation: 31-1-11.7-2(d).]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 5. Grandparent's Visitation › 31-17-5-9. Adoption; Effect on Visitation Rights

Sec. 9. Visitation rights provided for in section 1 or 10 of this chapter survive the adoption of the child by any of the following:
(1) A stepparent.
(2) A person who is biologically related to the child as:
(A) a grandparent;
(B) a sibling;
(C) an aunt;
(D) an uncle;
(E) a niece; or
(F) a nephew.
[Pre-1997 Recodification Citation: 31-1-11.7-2(c).]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 5. Grandparent's Visitation › 31-17-5-10. Marriage of Child's Parents Dissolved in Another State; Right to Seek Visitation

Sec. 10. If the marriage of the child's parents has been dissolved in another state, the child's maternal or paternal grandparent may seek visitation rights if:
(1) the custody decree entered in the action for dissolution of marriage does not bind the grandparent under IC 31-21-3-1 (or IC 31-17-3-12 before its repeal); and
(2) an Indiana court would have jurisdiction under IC 31-21-5-1 (or IC 31-17-3-3 before its repeal), IC 31-21-5-2, or IC 31-21-5-3 (or IC 31-17-3-14 before its repeal) to grant visitation rights to the grandparent in a modification decree.
[Pre-1997 Recodification Citation: 31-1-11.7-2(b).]
As added by P.L.1-1997, SEC.9. Amended by P.L.138-2007, SEC.35.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates › 31-17-6-1. Appointment

Sec. 1. A court, in a proceeding under IC 31-17-2, IC 31-17-4, this chapter, IC 31-17-7, IC 31-28-5, or IC 31-35-3.5, may appoint a guardian ad litem, a court appointed special advocate, or both, for a child at any time.
[Pre-1997 Recodification Citation: 31-1-11.5-28(c) part.]
As added by P.L.1-1997, SEC.9. Amended by P.L.133-2008, SEC.9; P.L.64-2016, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates › 31-17-6-2. Persons Ineligible for Appointment

Sec. 2. A court may not appoint a party to the proceedings, the party's employee, or the party's representative as the:
(1) guardian ad litem;
(2) court appointed special advocate;
(3) guardian ad litem program; or
(4) court appointed special advocate program;
for a child who is involved in the proceedings.
[Pre-1997 Recodification Citation: 31-1-11.5-28(h) part.]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates › 31-17-6-3. Protection of Best Interests of Child; Term of Appointment

Sec. 3. A guardian ad litem or court appointed special advocate shall represent and protect the best interests of the child. A guardian ad litem or court appointed special advocate serves until the court enters an order for removal.
[Pre-1997 Recodification Citation: 31-1-11.5-28(d) part.]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates › 31-17-6-4. Officers of the Court

Sec. 4. The guardian ad litem or the court appointed special advocate, or both, are considered officers of the court for the purpose of representing the child's interests.
[Pre-1997 Recodification Citation: 31-1-11.5-28(f) part.]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates › 31-17-6-5. Representation by Attorney

Sec. 5. The guardian ad litem or the court appointed special advocate may be represented by an attorney. If necessary to protect the child's interests, the court may appoint an attorney to represent the guardian ad litem or the court appointed special advocate.
[Pre-1997 Recodification Citation: 31-1-11.5-28(e) part.]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates › 31-17-6-6. Subpoena Powers; Presentation of Evidence

Sec. 6. A guardian ad litem or court appointed special advocate appointed by a court under this chapter may subpoena witnesses and present evidence regarding:
(1) the supervision of the action; or
(2) any investigation and report that the court requires of the guardian ad litem or court appointed special advocate.
[Pre-1997 Recodification Citation: 31-1-11.5-28(j) part.]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates › 31-17-6-7. Continuing Supervision

Sec. 7. The court may order a guardian ad litem or court appointed special advocate appointed by a court under this chapter (or IC 31-1-11.5-28 before its repeal) to exercise continuing supervision over the child to assure that the custodial or parenting time terms of an order entered by the court under IC 31-17-2 or IC 31-17-4 (or IC 31-1-11.5 before its repeal) are carried out as required by the court.
[Pre-1997 Recodification Citation: 31-1-11.5-28(i) part.]
As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates › 31-17-6-8. Civil Immunity

Sec. 8. Except for gross misconduct:
(1) a guardian ad litem;
(2) a court appointed special advocate;
(3) an employee of a county guardian ad litem or court appointed special advocate program; or
(4) a volunteer for a guardian ad litem or court appointed special advocate program;
who performs duties in good faith is immune from any civil liability that may occur as a result of the person's performance.
[Pre-1997 Recodification Citation: 31-1-11.5-28(g) part.]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates › 31-17-6-9. User Fee; Funds

Sec. 9. (a) The court may order either or both parents of a child for whom a guardian ad litem or court appointed special advocate is appointed under this chapter to pay a user fee for the services provided under this chapter. The court shall establish one (1) of the following procedures to be used to collect the user fee:
(1) The court may order the clerk of the court to collect the user fee and deposit the user fee into the county's guardian ad litem fund or court appointed special advocate fund. The fiscal body of the county shall appropriate money collected as user fees under this chapter to the court having jurisdiction over custody actions for the court's use in providing guardian ad litem or court appointed special advocate services, including the costs of representation.
(2) The court may order either or both parents to pay the user fee to the:
(A) guardian ad litem program that provided the services; or
(B) court appointed special advocate program that provided the services.
(3) The court may order either or both parents to pay the user fee to the individual or attorney guardian ad litem that provided the services.
(b) Money remaining in a county's:
(1) guardian ad litem fund; or
(2) court appointed special advocate fund;
at the end of the county's fiscal year does not revert to any other fund.
(c) If the court orders either or both parents to pay the user fee according to subsection (a)(2) or (a)(3) the program or the individual or attorney guardian ad litem shall report to the court the receipt of payment not later than thirty (30) days after receiving the payment.
[Pre-1997 Recodification Citation: 31-1-11.5-28(k) part, (l) part.]
As added by P.L.1-1997, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 7. Costs and Attorney's Fees › 31-17-7-1. Costs and Attorney's Fees; Order for Direct Payment to Attorney

Sec. 1. (a) The court periodically may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under IC 31-17-2, IC 31-17-4, IC 31-17-6, or this chapter and for attorney's fees and mediation services, including amounts for legal services provided and costs incurred before the commencement of the proceedings or after entry of judgment.
(b) The court may order the amount to be paid directly to the attorney, who may enforce the order in the attorney's name.
[Pre-1997 Recodification Citation: 31-1-11.5-16(a) part.]
As added by P.L.1-1997, SEC.9. Amended by P.L.199-1997, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 7. Costs and Attorney's Fees › 31-17-7-2. Exemption for Agencies

Sec. 2. Neither costs nor attorney's fees may be taxed against an agency or its agents that is authorized to maintain proceedings under IC 31-17-2, IC 31-17-4, IC 31-17-6, or this chapter by Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669) and IC 31-25-4-17.
[Pre-1997 Recodification Citation: 31-1-11.5-16(b) part.]
As added by P.L.1-1997, SEC.9. Amended by P.L.145-2006, SEC.241.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18. Repealed

[Pre-1997 Recodification Citations:
31-18-1-1formerly 31-1.5-1-1 part31-18-1-2formerly 31-1.5-1-2 part31-18-1-3formerly 31-1.5-1-3 part31-18-1-4formerly 31-1.5-1-4 part31-18-1-5formerly 31-1.5-1-5 part31-18-1-6formerly 31-1.5-1-6 part31-18-1-7formerly 31-1.5-1-7 part31-18-1-8formerly 31-1.5-1-8 part31-18-1-9formerly 31-1.5-1-9 part31-18-1-10formerly 31-1.5-1-10 part31-18-1-11formerly 31-1.5-1-11 part31-18-1-12formerly 31-1.5-1-12 part31-18-1-13formerly 31-1.5-1-13 part31-18-1-14formerly 31-1.5-1-14 part31-18-1-15formerly 31-1.5-1-15 part31-18-1-16formerly 31-1.5-1-16 part31-18-1-17formerly 31-1.5-1-17 part31-18-1-18formerly 31-1.5-1-18 part31-18-1-19formerly 31-1.5-1-19 part31-18-1-20formerly 31-1.5-1-20 part31-18-1-21formerly 31-1.5-1-21 part31-18-1-22formerly 31-1.5-1-22 part31-18-1-23formerly 31-1.5-1-23 part31-18-1-24formerly 31-1.5-1-24 part31-18-1-25formerly 31-1.5-1-25 part31-18-2-1formerly 31-1.5-2-131-18-2-2formerly 31-1.5-2-231-18-2-3formerly 31-1.5-2-331-18-2-4formerly 31-1.5-2-431-18-2-5formerly 31-1.5-2-531-18-2-6formerly 31-1.5-2-631-18-2-7formerly 31-1.5-2-731-18-2-8formerly 31-1.5-2-831-18-2-9formerly 31-1.5-2-931-18-2-10formerly 31-1.5-2-1031-18-3-1formerly 31-1.5-3-131-18-3-2formerly 31-1.5-3-231-18-3-3formerly 31-1.5-3-331-18-3-4formerly 31-1.5-3-431-18-3-5formerly 31-1.5-3-531-18-3-6formerly 31-1.5-3-631-18-3-7formerly 31-1.5-3-731-18-3-8formerly 31-1.5-3-831-18-3-9formerly 31-1.5-3-931-18-3-10formerly 31-1.5-3-1031-18-3-11formerly 31-1.5-3-1131-18-3-12formerly 31-1.5-3-1231-18-3-13formerly 31-1.5-3-1331-18-3-14formerly 31-1.5-3-1431-18-3-15formerly 31-1.5-3-1531-18-3-16formerly 31-1.5-3-1631-18-3-17formerly 31-1.5-3-1731-18-3-18formerly 31-1.5-3-1831-18-3-19formerly 31-1.5-3-1931-18-4-1formerly 31-1.5-4-131-18-4-2formerly 31-1.5-4-231-18-4-3formerly 31-1.5-4-331-18-5-1formerly 31-1.5-5-131-18-5-2formerly 31-1.5-5-231-18-6-1formerly 31-1.5-6-131-18-6-2formerly 31-1.5-6-231-18-6-3formerly 31-1.5-6-331-18-6-4formerly 31-1.5-6-431-18-6-5formerly 31-1.5-6-531-18-6-6formerly 31-1.5-6-631-18-6-7formerly 31-1.5-6-731-18-6-8formerly 31-1.5-6-831-18-6-9formerly 31-1.5-6-931-18-6-10formerly 31-1.5-6-1031-18-6-11formerly 31-1.5-6-1131-18-6-12formerly 31-1.5-6-1231-18-7-1formerly 31-1.5-7-131-18-7-2formerly 31-1.5-7-231-18-8-1formerly 31-1.5-8-1 part31-18-8-2formerly 31-1.5-8-231-18-9-1formerly 31-1.5-9-131-18-9-2formerly 31-1.5-9-231-18-9-3formerly 31-1.5-9-331-18-9-4formerly 31-1.5-9-4.]
Repealed by P.L.206-2015, SEC.52.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 1. General Provisions › 31-18.5-1-3. Tribunal

Sec. 3. (a) The court is the tribunal of Indiana.
(b) The Title IV-D agency (as defined in IC 31-9-2-130) is the support enforcement agency of Indiana.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 1. General Provisions › 31-18.5-1-4. Support Enforcement Agency

Sec. 4. (a) Remedies provided by this article are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
(b) This article does not:
(1) provide the exclusive method of establishing or enforcing a support order under Indiana law; or
(2) grant an Indiana tribunal jurisdiction to render judgment or issue an order relating to child custody, visitation, or parenting time in a proceeding under this article.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 1. General Provisions › 31-18.5-1-5. Application to Foreign Resident, Support Order, and Tribunal

Sec. 5. (a) An Indiana tribunal shall apply this chapter and IC 31-18.5-2 through IC 31-18.5-6 and, as applicable, IC 31-18.5-7, to a support proceeding involving:
(1) a foreign support order;
(2) a foreign tribunal; or
(3) an obligee, obligor, or child residing in a foreign country.
(b) An Indiana tribunal that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of this chapter and IC 31-18.5-2 through IC 31-18.5-6.
(c) IC 31-18.5-7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of IC 31-18.5-7 is inconsistent with this chapter or IC 31-18.5-2 through IC 31-18.5-6, IC 31-18.5-7 controls.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 2. Jurisdiction › 31-18.5-2-1. Personal Jurisdiction Over Nonresident

Sec. 1. (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, an Indiana tribunal may exercise personal jurisdiction over a nonresident individual or the individual's guardian or custodian if:
(1) the individual is personally served with a summons, notice, or subpoena within this state;
(2) the individual submits to the jurisdiction of Indiana by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) the individual resided with the child in Indiana;
(4) the individual resided in Indiana and provided prenatal expenses or support for the child;
(5) the child resides in Indiana as a result of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in Indiana and the child may have been conceived by that act of intercourse;
(7) the individual asserted parentage of a child in the putative father registry administered in Indiana by the Indiana department of health; or
(8) there is any other basis consistent with the constitutions of Indiana and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) or in any other Indiana law may not be used to acquire personal jurisdiction for an Indiana tribunal to modify a child support order of another state unless the requirements of IC 31-18.5-6-11 are met, or, in the case of a foreign support order, unless the requirements of IC 31-18.5-6-15 are met.
As added by P.L.206-2015, SEC.53. Amended by P.L.56-2023, SEC.263.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 2. Jurisdiction › 31-18.5-2-2. Duration of Personal Jurisdiction

Sec. 2. Personal jurisdiction acquired by an Indiana tribunal in a proceeding under this article or other Indiana law relating to a support order continues as long as an Indiana tribunal has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by sections 5, 6, and 11 of this chapter.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 2. Jurisdiction › 31-18.5-2-3. Initiating and Responding Tribunal

Sec. 3. Under this article, an Indiana tribunal may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 2. Jurisdiction › 31-18.5-2-4. Simultaneous Proceedings

Sec. 4. (a) An Indiana tribunal may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(1) the petition or comparable pleading in Indiana is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) if relevant, Indiana is the home state of the child.
(b) An Indiana tribunal may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in Indiana for filing a responsive pleading challenging the exercise of jurisdiction by Indiana;
(2) the contesting party timely challenges the exercise of jurisdiction in Indiana; and
(3) if relevant, the other state or foreign country is the home state of the child.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 2. Jurisdiction › 31-18.5-2-5. Continuing, Exclusive Jurisdiction to Modify Child Support Order

Sec. 5. (a) An Indiana tribunal that has issued a child support order consistent with Indiana law has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(1) at the time of the filing of a request for modification Indiana is the residence of:
(A) the obligor;
(B) the individual obligee; or
(C) the child for whose benefit the support order is issued; or
(2) even if Indiana is not the residence of:
(A) the obligor;
(B) the individual obligee; or
(C) the child for whose benefit the support order is issued;
the parties consent in a record or in open court that an Indiana tribunal may continue to exercise jurisdiction to modify its order.
(b) An Indiana tribunal that has issued a child support order consistent with Indiana law may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) all of the parties who are individuals file consent in a record with the Indiana tribunal that a tribunal of another state that has jurisdiction over at least one (1) of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2) its order is not the controlling order.
(c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act which modifies a child support order of an Indiana tribunal, Indiana tribunals shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d) An Indiana tribunal that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 2. Jurisdiction › 31-18.5-2-6. Continuing Jurisdiction to Enforce Child Support Order

Sec. 6. (a) An Indiana tribunal that has issued a child support order consistent with Indiana law may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction under the Uniform Interstate Family Support Act; or
(2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(b) An Indiana tribunal having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 2. Jurisdiction › 31-18.5-2-8. Child Support Orders for Two or More Obligees

Sec. 8. In responding to registrations or petitions for enforcement of two (2) or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one (1) of which was issued by a tribunal of another state or a foreign country, an Indiana tribunal shall enforce those orders in the same manner as if the orders had been issued by an Indiana tribunal.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 2. Jurisdiction › 31-18.5-2-9. Credit for Payments

Sec. 9. An Indiana tribunal shall credit amounts collected for a particular period under any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by an Indiana tribunal or a tribunal of another state or a foreign country.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 2. Jurisdiction › 31-18.5-2-10. Application to Nonresident Subject to Personal Jurisdiction

Sec. 10. An Indiana tribunal exercising personal jurisdiction over a nonresident in a proceeding under this article, under other Indiana law relating to a support order, or recognizing a foreign support order may:
(1) receive evidence from outside Indiana under IC 31-18.5-3-16;
(2) communicate with a tribunal outside Indiana under IC 31-18.5-3-17; and
(3) obtain discovery through a tribunal outside Indiana under IC 31-18.5-3-18.
In all other respects, IC 31-18.5-3 through IC 31-18.5-6 does not apply, and the tribunal shall apply the procedural and substantive law of Indiana.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 2. Jurisdiction › 31-18.5-2-11. Continuing, Exclusive Jurisdiction to Modify Spousal Support Order

Sec. 11. (a) An Indiana tribunal issuing a spousal support order consistent with Indiana law has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
(b) An Indiana tribunal may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(c) An Indiana tribunal that has continuing, exclusive jurisdiction over a spousal support order may serve as:
(1) an initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in Indiana; or
(2) a responding tribunal to enforce or modify its own spousal support order.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 3. Civil Provisions of General Application › 31-18.5-3-1. Proceedings; Filing Petition

Sec. 1. (a) Except as otherwise provided in this article, this chapter applies to all proceedings under this article.
(b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this article by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 3. Civil Provisions of General Application › 31-18.5-3-2. Proceeding by Minor Parent

Sec. 2. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 3. Civil Provisions of General Application › 31-18.5-3-3. Application of Law

Sec. 3. Except as otherwise provided in this article, a responding Indiana tribunal shall:
(1) apply the procedural and substantive law generally applicable to similar proceedings originating in Indiana and may exercise all powers and provide all remedies available in those proceedings; and
(2) determine the duty of support and the amount payable in accordance with the law and support guidelines of Indiana.
As added by P.L.206-2015, SEC.53.