reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 20. Transfer of Jurisdiction Over Support Orders › 31-16-20-7. Application of Chapter; Multiple Transfers

Sec. 7. (a) This chapter applies to proceedings pending in:
(1) the court in which the dissolution was obtained; or
(2) any other court to which the proceedings have been transferred.
(b) Any number of transfers may be made, as the best interests of the children require.
[Pre-1997 Recodification Citation: 31-2-7-3.]
As added by P.L.1-1997, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 21. Annual Fee Payable to Court in Addition to Support Payments › 31-16-21-1. Payment; Fee; Collection of Unpaid Fees

Sec. 1. (a) Whenever in any court proceeding an order is in force for the support and maintenance of the other party to the proceeding, the individual required to pay the support shall pay the support.
(b) The clerk, if the payment is in cash, or the state central collection unit, for all forms of payment, shall collect from the individual, in addition to the payments, the annual support fee specified in IC 33-37-5-6.
(c) The clerk may collect any unpaid annual support fee that was due prior to January 1, 2011, through any lawful means.
(d) The state central collection unit may collect any unpaid annual support fee due after December 31, 2010, through any lawful means.
(e) The clerk or state central collection unit may contract with a collection agency licensed under IC 25-11 to collect past due annual support fees described in subsections (c) and (d).
[Pre-1997 Recodification Citation: 31-2-8-1.]
As added by P.L.1-1997, SEC.8. Amended by P.L.98-2004, SEC.103; P.L.148-2006, SEC.28; P.L.150-2018, SEC.16.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 21. Annual Fee Payable to Court in Addition to Support Payments › 31-16-21-2. Court Ordered Provision for Payment

Sec. 2. The court entering an order described in section 1(a) of this chapter shall include a provision in the order that requires the individual to pay the support and maintenance fee.
[Pre-1997 Recodification Citation: 31-2-8-5.]
As added by P.L.1-1997, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 21. Annual Fee Payable to Court in Addition to Support Payments › 31-16-21-3. Supplemental Remedies

Sec. 3. This chapter is supplemental to all other statutes relating to support payments.
[Pre-1997 Recodification Citation: 31-2-8-4.]
As added by P.L.1-1997, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 17. Family Law: Custody and Visitation Rights › Chapter 1. General Provisions › 31-17-1-1. Construction and Application

Sec. 1. This chapter, IC 31-17-2, IC 31-17-4, IC 31-17-6, and IC 31-17-7 shall be construed and applied to promote the purpose and policy of this chapter, IC 31-17-2, IC 31-17-4, IC 31-17-6, and IC 31-17-7.
[Pre-1997 Recodification Citation: 31-1-11.5-1(a) 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 1. General Provisions › 31-17-1-2. Purpose and Policy

Sec. 2. The purpose and policy of this chapter, IC 31-17-2, IC 31-17-4, IC 31-17-6, and IC 31-17-7 are to provide for child custody.
[Pre-1997 Recodification Citation: 31-1-11.5-1(b) 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 2. Actions for Child Custody and Modification of Child Custody Orders › 31-17-2-1. Jurisdiction

Sec. 1. Jurisdiction of a child custody proceeding under:
(1) this chapter, IC 31-17-4, IC 31-17-6, and IC 31-17-7; or
(2) IC 31-21 (or IC 31-17-3 before its repeal);
shall be determined under IC 31-21 (or IC 31-17-3 before its repeal).
[Pre-1997 Recodification Citation: 31-1-11.5-20(a) part.]
As added by P.L.1-1997, SEC.9. Amended by P.L.138-2007, SEC.34.
2023 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 › 31-17-2-2. Application of Indiana Rules of Civil Procedure

Sec. 2. Proceedings under this chapter, IC 31-17-4, IC 31-17-6, and IC 31-17-7 must comply with the Indiana Rules of Civil Procedure.
[Pre-1997 Recodification Citation: 31-1-11.5-4(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 2. Actions for Child Custody and Modification of Child Custody Orders › 31-17-2-3. Commencement of Proceeding

Sec. 3. (a) A child custody proceeding is commenced in the court by:
(1) a parent by filing a petition under IC 31-15-2-4, IC 31-15-3-4, or IC 31-16-2-3;
(2) a person other than a parent by filing a petition seeking a determination of custody of the child; or
(3) a child, by the child's next friend, if the child is the subject of a:
(A) child in need of services petition under IC 31-34; or
(B) termination petition under IC 31-35.
(b) As used in this section, "a child's next friend" means:
(1) the department;
(2) the child's court appointed special advocate; or
(3) the child's guardian ad litem.
[Pre-1997 Recodification Citation: 31-1-11.5-20(a) part.]
As added by P.L.1-1997, SEC.9. Amended by P.L.66-2023, SEC.1.
2023 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 › 31-17-2-4. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-20(b).]
As added by P.L.1-1997, SEC.9. Repealed by P.L.50-2006, SEC.9.
2023 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 › 31-17-2-5. Responsive Pleading or Counter Petition

Sec. 5. A responsive pleading or a counter petition may be filed under this chapter, IC 31-17-4, IC 31-17-6, or IC 31-17-7.
[Pre-1997 Recodification Citation: 31-1-11.5-4(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 2. Actions for Child Custody and Modification of Child Custody Orders › 31-17-2-6. Hearing

Sec. 6. Custody proceedings must receive priority in being set for hearing.
[Pre-1997 Recodification Citation: 31-1-11.5-23(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 2. Actions for Child Custody and Modification of Child Custody Orders › 31-17-2-7. Court to Determine Law and Facts

Sec. 7. The court without a jury shall determine questions of law and fact.
[Pre-1997 Recodification Citation: 31-1-11.5-23(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 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 › 31-17-2-23. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-21.1.]
As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.10; P.L.68-2005, SEC.36. Repealed by P.L.50-2006, SEC.9.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.