Sec. 1. A biological mother of a child born out of wedlock has sole legal custody of the child, except as provided in IC 16-37-2-2.1, and unless a statute or court order provides otherwise under the following: (1) IC 12-26 (involuntary commitment of a child). (2) IC 29-3 (guardianship and protective proceedings under the probate […]
[Pre-1997 Recodification Citation: 31-6-6.1-11(h) part.] As added by P.L.1-1997, SEC.6. Amended by P.L.50-2006, SEC.6. Repealed by P.L.186-2019, SEC.6.
Sec. 10.2. Except as provided in IC 31-17-2.2-4, 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) […]
Sec. 10.5. The following must comply with IC 31-17-2.2: (1) A nonrelocating individual. (2) A relocating individual. As added by P.L.186-2019, SEC.8.
Sec. 11. (a) If any party to a 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 […]
Sec. 12. (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 […]
Sec. 2. The court shall determine custody in accordance with the best interests of the child. In determining the child’s best interests, there is not a 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 parents. […]
Sec. 2.3. (a) In a proceeding to which this chapter applies, 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. (b) An award of joint legal custody under this section does not require an […]
Sec. 2.5. (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 2 of this chapter, the court shall consider the following factors in determining custody: (1) The wishes of […]
Sec. 3. (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. (c) If counsel is present at the interview, a record may be made of the interview and made part of the record for purposes of appeal. [Pre-1997 […]
Sec. 4. Except as otherwise provided in an order by a court, the custodial parent may determine the child’s upbringing, which includes education, health care, and religious training, unless the court determines that the best interests of the child require a limitation on this authority. [Pre-1997 Recodification Citation: 31-6-6.1-11(b).] As added by P.L.1-1997, SEC.6. Amended […]
Sec. 5. The court may order the probation department or any licensed child placing agency to supervise the placement to ensure that the custodial or parenting time terms of the decree are carried out if: (1) both parents or the child request supervision; or (2) the court finds that without supervision the child’s physical health […]
Sec. 6. The court may not modify a child custody order unless: (1) 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 2 and, if applicable, section 2.5 of this chapter. [Pre-1997 Recodification […]
Sec. 6.1. (a) Upon the 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 […]
Sec. 6.2. (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 […]
Sec. 6.3. (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 […]
Sec. 6.5. The court may provide in: (1) a custody order; or (2) a modification of 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.3.
Sec. 6.7. (a) The court shall consider requiring security, a bond, or another guarantee under section 6.5 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 […]
Sec. 7. In making a determination, the court shall consider the factors listed under section 2 of this chapter. [Pre-1997 Recodification Citation: 31-6-6.1-11(f).] As added by P.L.1-1997, SEC.6.
Sec. 8. An intentional violation by a custodial parent of an injunction or a temporary restraining order issued under IC 31-14-15 (or IC 31-6-6.1-12.1 before its repeal) may be considered a relevant factor under section 2 of this chapter that the court must consider in a proceeding for a custody modification under this chapter. [Pre-1997 […]
